5. Non-State Actors: Environmental Rights, Liability, and Crimes

2021 ◽  
pp. 282-355
Author(s):  
Alan Boyle ◽  
Catherine Redgwell
Keyword(s):  
Human Rights ◽  
Environmental Protection ◽  
Legal System ◽  
Environmental Law ◽  
Environmental Problems ◽  
Environmental Rights ◽  
Environmental Disputes ◽  
Alternative Approaches ◽  
Polluter Pays Principle ◽  
International Legal System

This chapter turns to some of the environmental rights and obligations which attach to individuals, corporations, and NGOs in international law. The chapter considers some alternative approaches to the implementation and enforcement of international environmental law. Relying less on interstate claims, or on mechanisms of international supervision, the development of human-rights approaches to environmental protection and the economic logic of the polluter-pays principle have made claims by individuals an increasingly attractive means of dealing with domestic or transboundary environmental problems. But the diversity of the issues needs emphasis in this context also. National remedies are not necessarily alternatives to the systems considered in the last chapter, but are more often complementary to it, and only in certain respects more useful. The variety of approaches now available for the resolution of international environmental disputes does indicate the increasing sophistication of the international legal system, the chapter argues.

THE INTEGRATION OF ENVIRONMENTAL PROTECTION CONSIDERATIONS WITHIN THE HUMAN RIGHTS LAW REGIME: WHICH SOLUTIONS HAVE BEEN PROVIDED BY REGIONAL HUMAN RIGHTS COURTS?

2015 ◽  
Vol 24 (1) ◽  
pp. 191-218
Author(s):  
Marie-Catherine Petersmann
Keyword(s):  
Human Rights ◽  
Environmental Protection ◽  
Environmental Law ◽  
Case Law ◽  
Analytical Framework ◽  
Human Rights Law ◽  
International Environmental Law ◽  
Environmental Rights ◽  
Hierarchical Relationship ◽  
Legal Regimes

This contribution aims to identify the numerous conflicts that arise between environmental protection regulations and specific human rights. By focusing on the case law of regional human rights mechanisms, it highlights the “positive” and the “negative” integration of international environmental law (IEL) within the human rights law (HRL) regime. It argues that these supposedly separate bodies of law are in reality intertwined. The case law analysis of the negative integration of IEL within the HRL regime teaches us that HRL adjudicators have done more than neutrally measure conformity of environmental protection regulations with the HRL regime. While some cases add specific procedural requirements to these environmental protection regulations – Xàkmok Kàsek case – others establish a hierarchy between IEL and HRL – Fredin and Turgut cases – and yet others engage in defining and arguably even producing environmental rights – Herrick and Chapman cases. This contribution provides specific insights into how regional human rights adjudicators resolve conflicts and what consequences result from the judicial techniques in terms of both the content of the respective legal regimes and their hierarchical relationship. It argues that both content and implementation of IEL cannot be understood without integrating HRL adjudicators into the analytical framework.

scholarly journals A PROTEÇÃO DOS DIREITOS AMBIENTAIS PELO SISTEMA INTERNACIONAL DOS DIREITOS HUMANOS THE PROTECTION OF ENVIRONMENTAL RIGHTS BY THE INTERNATIONAL SYSTEM OF HUMAN RIGHTS

2017 ◽  
Vol 3 (1) ◽  
pp. 61
Author(s):  
Carolina Prado Da Hora ◽  
Ricardo Libel Waldman
Keyword(s):  
Human Rights ◽  
Environmental Protection ◽  
International System ◽  
Environmental Law ◽  
Case Law ◽  
Environmental Rights ◽  
Biographical Research ◽  
European Court ◽  
Protection Of Human Rights ◽  
Descriptive Method

O artigo tem como tema o estudo da proteção do direito ambiental pelo sistema internacional dos direitos humanos. Através do método descritivo e da pesquisa bibliográfica e em outros documentos, objetiva-se analisar como ocorre a proteção do direito ambiental pelo sistema de proteção internacional dos direitos humanos, analisando o próprio sistema internacional, o direito internacional ambiental e a jurisprudência da Corte Europeia e da Comissão e da Corte Interamericana de Direitos Humanos. Por fim, conclui-se que a proteção do direito internacional ambiental se dá por meio do seu diálogo com os direitos humanos, através do dito “esverdeamento” destes.This paper has as subject matter the study of environmental protection by the human rights international system. Through the descriptive method and biographical research, the goal is to analyze how environmental protection is realized by the international system of protection of human rights, environmental law and the case law of European Court of Human Rights, Inter American Comission on Human Rights and Inter American Court on Human Rights. It is concluded that environmental protection is done by means of its dialogue with human rights, the “greening” of the latter and the linkage between the environmental cause and human rights.

EDF Diversifies into New Environmental Arenas

DDT Wars ◽  
2015 ◽  
Author(s):  
Charles F. Wurster
Keyword(s):  
Environmental Protection ◽  
Mutual Fund ◽  
Environmental Law ◽  
Long Island ◽  
Pulp Mill ◽  
Environmental Problems ◽  
Major Goal ◽  
New Strategy ◽  
Earth Day

Environmental law was essentially nonexistent in 1969, and it was a major goal of EDF to establish, enhance, develop, and use this new strategy for solving environmental problems, not just involving DDT but other issues as well. It wasn’t long after incorporation before EDF was getting much publicity because of its actions, leading to numerous requests for advice and assistance in connection with a variety of environmental problems, along with invitations to become involved in an assortment of issues. Whatever it was or wasn’t, EDF certainly was not all talk and no action. There was clearly plenty of action, which attracted plenty of attention. Conservationists were tired of losing by being reasonable, compromising, and timid. Earth Day was about to arrive, and it was time for action. We also were learning that being a “fund” caused a few problems of its own. Some thought it might be a source of funds for them. A few wondered if we were some sort of mutual fund, so Bob Smolker suggested we sell shares in our fund, which would “pay” negative dividends. His Mystique Committee had many original ideas. For the Long Island trustees and small staff, there was little risk in becoming involved in new cases. We had little money to spend or lose, we had an apparently good idea to pursue for environmental protection, and if somebody sent plane fare, we were on our way. So it was with Clancy Gordon of Missoula, Montana. In fact, he came to us only a few months after EDF’s incorporation. It was “Leap Day,” February 29, 1968, when about 100 women of Missoula gathered at the gates of the Hoerner-Waldorf pulp mill west of town to protest Missoula’s “stinky air.” Sometimes the air was so smoggy that planes could not land, and cars turned on their lights in mid-day. “GASP” read one of the picketer’s signs, “Gals Against Smoke and Pollution.” Other signs said “Phew!,” “Bad Sky Country,” “Our Air Stinks,” “How High is the Big Sky,” “Where’s the Airport?,” and “O, Say Can You See.”

scholarly journals The day after: Protecting the human rights affected by environmental challenges after the EU accession to the European Convention on Human Rights

2018 ◽  
Vol 20 (4) ◽  
pp. 213-224 ◽  
Author(s):  
Irene Antonopoulos
Keyword(s):  
European Union ◽  
Human Rights ◽  
Environmental Protection ◽  
European Convention ◽  
The European Union ◽  
Environmental Rights ◽  
Environmental Challenges ◽  
Court Of Justice ◽  
Environmental Protection Policies ◽  
The Eu

This article explores whether a potential accession of the European Union to the European Convention on Human Rights, offers a more effective method of protection for ‘environmental human rights’: those rights whose enjoyment is allegedly affected by environmental challenges. The European Court of Human Rights has decided on claims of alleged violations of human rights by both environmental degradation and the enforcement of environmental protection policies implementing EU environmental law. On the other hand, the capacity of the Court of Justice of the European Union to decide on human rights issues has been repeatedly challenged, while the inability of the Court to protect procedural (environmental) rights when it came to NGOs, allows for challenging the capacity of the Court of Justice of the European Union to protect substantive (environmental) rights as well. Will an accession mean that applicants will be able to bring claims for alleged violations, caused by the enforcement of EU generated environmental protection policies, against the EU Institutions rather than the enforcing State? This article follows the relevant developments towards the accession, and consequently seeks to determine how the day after the accession will look for the protection of human rights affected by environmental challenges.

scholarly journals Human Rights Approach in Environment Law Enforcement based on Law Number 23/2009

2019 ◽  
Vol 8 (10) ◽  
pp. e458101417
Author(s):  
Lanny Ramli
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Environmental Protection ◽  
Environmental Law ◽  
Healthy Life ◽  
Administrative Punishment ◽  
The Right ◽  
Court Processing

Individual has the same rights to have prosperity life including the right to have healthy life. In this research, the objective of the study is to discuss about the enforcement of environmental law based on Law Number 32 of 2009 about Environmental Protection and Management based on a human rights. Using The results found that the administrative punishment is a quick way and appropriate to stop the violation in environment. It is due to the punishment is given without going through court processing. Administrative punishment is referred to the violation not to the person. In addition, imposition of administrative punishment is not aimed to punish the violator, but it is more concern to the recovery the situation (reparatoir).

scholarly journals International legal regulation of the right to adequate environment

2003 ◽  
Vol 55 (1) ◽  
pp. 89-103
Author(s):  
Vid Vukasovic
Keyword(s):  
Human Rights ◽  
Environmental Protection ◽  
Environmental Law ◽  
Well Being ◽  
Legal Regulation ◽  
Environmental Legislation ◽  
International Treaties ◽  
Aarhus Convention ◽  
The Right ◽  
The Eu

The article deals with some key issues concerning the evolution of the concept of the right to adequate environment. The evolution took several decades to reach the present state in which it is obvious that the right has been accepted as one of the so called third generation human rights by both doctrine and practice, in international environmental law as well as in national environmental legislation of a number of countries. In the first phase of development only some elements of the right existed within the ?classical? human rights (the right to life, the right to health etc.) of so called first and second generation. The turning point was the UN Stockholm 1972 Conference on the environment. The right was inserted in the first principle, of the Declaration accepted by the conference, and already had most of its main elements: the right to adequate living conditions in an environment with the quality that not only guarantees healthy life but a life in dignity and well-being. After the Stockholm Conference, the right was embraced by a part of the doctrine, and increasingly mentioned and discussed within the frame of the UNEP, the relevant UN specialized agencies, as well as by some other international organizations active in the field of environmental protection. The result of this acceptance was an increasing insertion of the right in international treaties as well as in various declaratory documents, on both universal and regional levels. The author devotes a part of his article to the development in Europe, and especially to the work of the Council of Europe, the UN Economic Commission for Europe (UNECE) and the EU. The author believes that most important development in Europe occurred within the ?Environment for Europe Process?, under the aegis of the UNECE. The result of it was signing of the Aarhus Convention (1998), one of most important international treaties signed until now. First of all, it regulates two important fields - protection of human rights and protection of environment. In it not only the right to adequate environment is explicitly mentioned in the Art. 1, but the main elements of the right are regulated in detail. The three ?pillars? of the Convention are devoted to the right to environmental information, the right of citizens to participate in environmental matters and the right to access to justice in matters concerning the environmental protection. It should be added that the Aarhus Convention has become a part of the EU legislation. Due to that, the whole process of implementation of the convention has become unavoidable for all candidate countries, as a proof of their intent to apply in practice environmental legislation and to democratise their societies.

scholarly journals The Interdependence of Labour and Environmental Rights in South Africa

2021 ◽  
Vol 8 (2) ◽  
pp. 120-151
Author(s):  
J. Hall ◽  
M. Van Staden
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Social Justice ◽  
Environmental Law ◽  
Labour Law ◽  
Environmental Rights ◽  
Potential Relationship ◽  
Biophysical Environment ◽  
Societal Problems

Labour and environmental rights in South Africa both originated in reaction to particular and important societal problems. Labour law has traditionally been concerned with inequalities of bargaining powers, whilst environmental law was historically concerned with protection of the biophysical environment. At first glance the two rights therefore appear to be unrelated. In view of arguments that fundamental human rights cannot be achieved in isolation. This article explores the potential relationship between the two rights. It begins by providing an overview of the intersection between labour and environmentalists during the struggle against Apartheid as a basis for identifying the priorities of both sectors in advocating for the two rights and how the divide between the two narrowed. That overview provides a backdrop for the discussion which follows regarding how the intersection between the rights has played out both within the traditional and expanded conceptualisations of labour law. The study finds that the two rights do have a dependence and that the environmental arena has provided the basis for the continuation of the fight to ensure social justice for both the traditional and extended reconceptualized approach to labour law.

Addressing Norm Conflicts in a Fragmented Legal System: The Doctrine of Lex Specialis

2005 ◽  
Vol 74 (1) ◽  
pp. 27-66 ◽  
Author(s):  
Anja Lindroos
Keyword(s):  
Human Rights ◽  
International Law ◽  
Legal System ◽  
Study Group ◽  
Environmental Regimes ◽  
International Legal System ◽  
Normative Conflicts ◽  
Fragmentation Of International Law ◽  
Institutional Fragmentation

AbstractThe increased fragmentation of international law has been accompanied by a more problematic phenomenon: institutional fragmentation that has strengthened the role of specialised regimes (e. g., WTO, EU, human rights and environmental regimes) within the international legal system. "The emergence of seemingly independent subregimes has given rise to a number of legal concerns – among these is the existence of normative conflicts between regimes." In a recent report by the Chairman of the ILC Study Group on Fragmentation of International Law, Martti Koskenniemi, dealt with the role of the lex specialis maxim as a means of addressing the relation between selfcontained regimes and general international law. This article argues that an application of lex specialis, although widely accepted, is impeded by its conceptual vagueness. Lex specialis may be well-suited to resolve certain types of normative conflicts, such as conflicts within sub-regimes, which may be viewed as a more traditional manifestation of normative conflicts. The fragmentation of international law, however, has also created new types of conflicts, namely those between different, seemingly independent normative orders. The article suggests that the lex specialis maxim is a less-suitable approach to normative conflicts between such unrelated normative orders. In a fragmented legal system such as that of international law, these types of conflicts may, accordingly, prove a particular challenge.

3. Environmental values, principles, and rights

2017 ◽  
Author(s):  
Stuart Bell ◽  
Donald McGillivray ◽  
Ole W. Pedersen ◽  
Emma Lees ◽  
Elen Stokes
Keyword(s):  
Sustainable Development ◽  
Environmental Justice ◽  
Environmental Protection ◽  
Precautionary Principle ◽  
Legal Status ◽  
Environmental Law ◽  
Environmental Values ◽  
Environmental Problems ◽  
Different Types

This chapter focuses on the complexity of environmental problems, which is one of its defining characteristics in the sense that there are often many interconnected, variable elements to the problem. It considers the interaction between values and environmental law, which involves some reflection on differing attitudes to the environment. The chapter examines some of the ways in which these values are translated into environmental principles, such as the goal of sustainable development or the Precautionary Principle; it then goes on to consider the question of whether these principles have legal status in the sense that they create legally enforceable rights and duties. Finally, it considers broader questions of environmental justice and the role of different types of rights in environmental protection.

scholarly journals Human Rights and the Environmental Protection: The Naïveté in Environmental Culture

2018 ◽  
Vol 2 (1) ◽  
pp. 73
Author(s):  
Made Adhitya Anggriawan Wisadha ◽  
Grita Anindarini Widyaningsih
Keyword(s):  
Human Rights ◽  
Environmental Protection ◽  
Environmental Ethics ◽  
Environmental Problems ◽  
Theoretical Framework ◽  
Ecological Crisis ◽  
Moral Justification ◽  
Environmental Destruction ◽  
Healthy Environment ◽  
Per Se

There are growing trends in the human rights to substantially extend the values to protect the environment or moreover to welcome the ideas of the rights to environment, not to mention the rights of environment. The purpose is to inclusively embrace the environmental problems wherein the humanity challenges posited on, but this agenda may leave a room of doubt how far the human rights body can address the environmental destruction as it needs the interplay of culture and environmental ethics to promoting such concepts. Therefore, this paper aims to identify the justification of how human rights in the environmental protection in the contemporary discourse are bringing to light, as many current cases attempt to linkage the environmental approach to the human rights instrument, such as the rights to life, healthy environment, and intergenerational equity. To analyse further, the theoretical framework in this paper will be explicated by environmental culture paradigm which illustrates the egalitarian concept between human and environment to elicit the clear thoughts of how human rights is naïve to protect the environment. This article will firstly depict the human rights and the environmental protection discourse and then, explore the naïveté narratives of environmental culture about the ecological crisis roots that are fundamentally anthropogenic, as to reflect the ground realities how this nexus will play out. Finally, this paper found the moral justification per se relies on the effort of elaborating the human prudence in their relationship with nature, albeit bringing the naïveté.

Sign in / Sign up

Export Citation Format

Share Document