Broadening the Right to Environment

2016 ◽  
Author(s):  
Philippe Cullet
Keyword(s):  
Climate Change ◽  
Sustainable Development ◽  
Human Rights ◽  
Environmental Law ◽  
Environmental Issues ◽  
Human Dimensions ◽  
International Environmental Law ◽  
The Face ◽  
Definition Of ◽  
The Right

This chapter investigates the interaction between individuals and states in the face of climate change. It looks into the points of intersection between climate change and human rights regimes by examining the extent to which the climate change regime has recognized and addressed the human rights dimensions of climate change. Indeed, climate change is but one of many global environmental issues and where the climate change regime is part of the corpus of international environmental law, it looks into the extent to which the debate on a right to environment can be used in the context of climate change. International environmental law includes instruments that embrace the human dimensions of environmental issues as reflected, for instance, in the definition of sustainable development adopted in the Johannesburg Declaration on Sustainable Development at the Johannesburg World Conference on Environment and Development.

Protecting Natural Resources

2018 ◽  
Author(s):  
Jérémie Gilbert
Keyword(s):  
Climate Change ◽  
Human Rights ◽  
Natural Resources ◽  
Environmental Law ◽  
Legal Framework ◽  
Human Rights Law ◽  
International Environmental Law ◽  
Conservation Of Natural Resources ◽  
The Relationship ◽  
Do So

This chapter focuses on the connection between the international legal framework governing the conservation of natural resources and human rights law. The objective is to examine the potential synergies between international environmental law and human rights when it comes to the protection of natural resources. To do so, it concentrates on three main areas of potential convergence. It first focuses on the pollution of natural resources and analyses how human rights law offers a potential platform to seek remedies for the victims of pollution. It next concentrates on the conservation of natural resources, particularly on the interconnection between protected areas, biodiversity, and human rights law. Finally, it examines the relationship between climate change and human rights law, focusing on the role that human rights law can play in the development of the current climate change adaptation and mitigation frameworks.

scholarly journals INFLUENCE OF THE RIGHT TO THE ENVIRONMENT ON SUSTAINABLE DEVELOPMENT FROM THE PERSPECTIVE OF INTERNATIONAL LAW

2019 ◽  
Vol 8 (3) ◽  
Author(s):  
Akramosadat Kia
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
International Law ◽  
Environmental Law ◽  
Human Life ◽  
Legal Protection ◽  
Third Generation ◽  
Human Beings ◽  
The Third ◽  
The Right

Nature is one of the most important pillars of human life, which is why the environment has been considered in all historical periods. At first, contemporary international law seeks to protect the environment as part of international environmental law, but the inadequacy of this protection and the need to protect the environment for Nowadays's human beings and future generations, the link between the environment and human rights It was considered because legal protection of human rights could be a means to protect the environment. Hence, in the context of the third generation of human rights, a new right called "the right to the environment" was created in international human rights instruments, in which the environment was raised as a human right. This right is not only a reminder of the solidarity rights that are categorized in the third generation of human rights, but also necessary for the realization of many human rights, civil, political or economic, social and cultural rights. However, the exercise of this right requires a level of development which in turn provides for a greater degree of environmental degradation. Hence, the international community since the nineties has promoted the idea of sustainable development at all levels of national, regional and the international has put it on its agenda.

The Human Right to Science and Its Relationship to International Environmental Law

2020 ◽  
Vol 31 (2) ◽  
pp. 625-656
Author(s):  
Anna-Maria Hubert
Keyword(s):  
Human Rights ◽  
Environmental Law ◽  
Science And Technology ◽  
Critical Role ◽  
Potential Contribution ◽  
International Human Rights Law ◽  
Human Right ◽  
International Environmental Law ◽  
Environmental Regimes ◽  
The Right

Abstract This article explores the potential contribution of international human rights law – specifically, the oft-neglected ‘right to science’ – to the interpretation, operation and progressive development of international environmental law. Science and its applications play a critical role in environmental protection. At the same time, society faces persistent controversies at this interface. Environmental regimes may lack sufficient norms and tools for regulating upstream science and innovation processes because they tend to focus narrowly on physical harms to the environment and may not address the wider ethical, legal, social and political concerns. The human right to science, which is codified in various international and regional human rights instruments, may serve to augment international environmental law and contribute to more effective, equitable and democratically legitimate and accountable processes and outcomes in relation to the application of science and technology in environmental regimes. The article begins by outlining the scope and contents of, as well as the limitations on, the right to science, focusing on Article 15(1)(b) of the International Covenant on Economic, Social and Cultural Rights (ICESCR) and its overlaps with the norms of international environmental law.1 It then analyses the ways in which the right to science may influence the development of international environmental law by elucidating mechanisms for the integration of a human rights perspective in science and technology and by outlining its potential substantive contributions to the development of international environmental law.

Locating Nature: Making and Unmaking International Law: Introduction

2014 ◽  
Vol 27 (3) ◽  
pp. 571-572 ◽  
Author(s):  
KISHAN KHODAY ◽  
VANESSA LAMB ◽  
TYLER MCCREARY ◽  
KARIN MICKELSON ◽  
USHA NATARAJAN ◽  
...  
Keyword(s):  
Human Rights ◽  
International Law ◽  
Environmental Law ◽  
Sustainable Livelihoods ◽  
Environmental Issues ◽  
Environmental Harm ◽  
International Environmental Law ◽  
Behavioural Patterns ◽  
The World

Environmental harm is of increasing concern to peoples and states all over the world, whether in relation to ensuring access to healthy air, water, food, and sustainable livelihoods, or coping with the diversity of challenges posed by changing climates and ecologies. While international lawyers have focused on crafting solutions to environmental problems, less attention is paid to the disciplinary role in fostering harmful and unsustainable behavioural patterns. Environmental issues are usually relegated to the specialized field of international environmental law. This project explores instead the role of nature in the general discipline, arguing that the natural environment is a determinative factor in shaping international law, and that assumptions about nature lie at the heart of disciplinary concepts such as sovereignty, development, economy, property, and human rights.

scholarly journals The CLIMATE CHANGE IMPACT ON THE HUMAN RIGHT TO ENVIRONMENTAL CONDITIONS OF A SPECIFIED QUALITY (SAFE, CLEAN, HEALTHY AND SUSTAINABLE ENVIRONMENT): SOME INTERNATIONAL ENVIRONMENTAL LAW ISSUES

2019 ◽  
Vol 36 (1) ◽  
pp. 93-112
Author(s):  
Olha Sushyk ◽  
Olena Shompol
Keyword(s):  
Climate Change ◽  
Human Rights ◽  
Environmental Conditions ◽  
Environmental Law ◽  
International Environmental Agreements ◽  
Ghg Emissions ◽  
Environmental Safety ◽  
Human Right ◽  
Human Environment ◽  
The Right

This article discusses recognition between climate change and human rights at the international level. The analysis shows that despite the UN climate change framework does not adequately address the magnitude of the threat posed by climate change related harm to human rights, domestic, regional or international courts must take account of its provisions in deciding cases. The article argues that the causes for climate cases are diverse, whereby the most often ones are those referring to the competent public authority’s failure to fulfil its obligation to regulate limitations of the greenhouse gas (GHG) emissions.  Further identify the links between human rights and environmental protection, were apparent at least from the first international conference on the human environment, held in Stockholm in 1972. More broadly, it demonstrates international environmental agreements, were some aspects of the right to environmental conditions of a specified quality are identify.  This article discusses also theoretical issues of individual environmental rights and the right to environmental safety in Ukraine. Keywords: climate, human rights, environmental, Ukraine

Essence of International Environmental Law to Address the Effects of Climate Change

2019 ◽  
pp. 220-236
Author(s):  
Md. Mahfuzar Rahman Chowdhury
Keyword(s):  
Climate Change ◽  
Sustainable Development ◽  
Positive Result ◽  
Rapid Growth ◽  
Environmental Law ◽  
Environmental Problems ◽  
Global Environment ◽  
Adverse Impact ◽  
International Environmental Law ◽  
The World

Environmental problems are enormous around the world and threaten the global environment. In most cases, these problems are caused by rapid growth of population and poverty. Climate change and sustainable development are inter-linked and are priority issues in the development continuum. Any adverse impact on the environment and biodiversity can cause the restriction of resources and limit available options. Concerted efforts of all the states can bring positive result to address the effects of climate change. Compliance with the treaty provision and sharing of resources and actions among the states can ensure proper utilization of resources and sustainable development.

Essence of International Environmental Law to Address the Effects of Climate Change

2022 ◽  
pp. 1049-1065
Author(s):  
Md. Mahfuzar Rahman Chowdhury
Keyword(s):  
Climate Change ◽  
Sustainable Development ◽  
Positive Result ◽  
Rapid Growth ◽  
Environmental Law ◽  
Environmental Problems ◽  
Global Environment ◽  
Adverse Impact ◽  
International Environmental Law ◽  
The World

Environmental problems are enormous around the world and threaten the global environment. In most cases, these problems are caused by rapid growth of population and poverty. Climate change and sustainable development are inter-linked and are priority issues in the development continuum. Any adverse impact on the environment and biodiversity can cause the restriction of resources and limit available options. Concerted efforts of all the states can bring positive result to address the effects of climate change. Compliance with the treaty provision and sharing of resources and actions among the states can ensure proper utilization of resources and sustainable development.

scholarly journals The ‘Rights’ Way to Democratize the Science–Policy Interface in International Environmental Law? A Reply to Anna-Maria Hubert

2020 ◽  
Vol 31 (2) ◽  
pp. 657-664
Author(s):  
Jacqueline Peel
Keyword(s):  
Decision Making ◽  
Human Rights ◽  
New Technologies ◽  
Environmental Law ◽  
International Environmental Law ◽  
Cultural Rights ◽  
Public Inputs ◽  
Science Policy Interface ◽  
The Right ◽  
Human Rights Based Approach

Abstract Science is widely regarded as being necessary for effective international environmental decision-making and risk assessment processes. However, it is equally well recognized that uncertainties or the complexity of phenomena under study mean that science may only offer partial knowledge for environmental problems in many circumstances. ‘Democratization’ of science is often proposed as a solution to this dilemma. This may involve incorporating a wider spectrum of expert views and public inputs in risk assessments of new technologies, public participation in science through so-called ‘citizen science’ initiatives or the application of the precautionary principle. This reply reviews these approaches and contrasts them with another tantalizing possibility offered by Anna-Maria Hubert’s article; a human rights-based approach drawing on the ‘oft-neglected’ right to science. It assesses the extent to which a rights-based approach, utilizing the right to science, offers a way to bridge the gap between science and democracy in contested international environmental legal decision-making processes. While it concludes that there are important potential benefits to the application of the right to science in international environmental law, it is far from clear that it provides a panacea given the limitations on the right expressed in the international human rights instruments in which it is found, such as the International Covenant on Economic, Social and Cultural Rights. Instead, the right to science can be seen as placing another thumb on the scales – alongside the precautionary and participatory approaches – in favour of enabling broader, more democratically accountable decision-making in cases of uncertain science and contested environmental risks.

Re-Thinking the Sustainable Development Goals From the Point of View of Social Ecology and Environmental Law

2022 ◽  
pp. 1-11
Author(s):  
Edwin Vegas-Gallo ◽  
Wilfredo Vegas-López ◽  
Alex Pacheco-Pumaleque
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
Social Ecology ◽  
Sustainable Development Goals ◽  
Environmental Law ◽  
Human Action ◽  
Point Of View ◽  
The Sustainable Development ◽  
The Face ◽  
Development Goals

This research tries to understand the Sustainable Development Goals (SDG) from the perspective of social ecology and environmental law, away from the Darwinian theory of man dominating nature and more focused on rethinking the SDGs from the nature-society co-evaluation in the adaptive sense of society to the new reality of its physical-natural support and to the new legal system of human rights. Development with victims from biologically rich countries like Peru with paradoxical poverty is analyzed, and likewise, the collapse of society in the face of imminent climate change due to human action is analyzed, which requires climate justice for environmentally displaced people in the face of the violation of their human rights, especially of children at risk. Finally, a Latin American academic contribution is presented to rethink the SDGs, generating contributions to the later times of the social confinement of COVID-19, in the so-called new normal.

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