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 Exploring the connection between indigenous peoples’ human rights and international environmental law

2018 ◽  
pp. 92-153
Author(s):  
Mario Alejandro Delgado Galárraga
Keyword(s):  
Human Rights ◽  
International Law ◽  
Indigenous Peoples ◽  
Environmental Law ◽  
Environmental Issues ◽  
Human Rights Law ◽  
International Environmental Law ◽  
Environmental Rights ◽  
The Relationship

The paper reviews whether Indigenous Peoples’ worldview has directly influenced or not the decisions made by the Inter-American Court of Human Rights related exclusively to their human and environmental rights. In the first section of the investigation, it is described the main aspects to take into consideration regarding Indigenous Peoples and international law; i.e. conceptualization of the term Indigenous Peoples, its evolution in international law, and their core rights. Then, the text will deal with the relationship between Human Rights Law and International Environmental Law, through the discussion of how human rights have been included in the context of international environmental law. Afterwards, the study will explore the close bond that exists between indigenous peoples and the environment, by relating to the different conceptions of its features according to them. Finally, the paper will analyse the decisions taken by the Inter-American Court of Human Rights in cases related to indigenous peoples’ environmental issues. The conclusion will lead to determine the contribution of human rights and international environmental law to solve indigenous peoples’ controversies and vice versa.

Part IX International Environmental Law in National/Regional Courts, Ch.65 North America

2021 ◽  
Author(s):  
Affolder Natasha
Keyword(s):  
United States ◽  
Human Rights ◽  
North America ◽  
International Law ◽  
Environmental Law ◽  
The United States ◽  
Private International Law ◽  
Human Rights Law ◽  
International Environmental Law ◽  
Indigenous Law

This chapter assesses international environmental law in the courts of North America. In particular, it explores the minimal engagement of US, Canadian, and Mexican courts with international environmental law. Environmental law cases in Canada, Mexico, and the United States are not immune to international law and international norms. However, international environmental lawyers may be forced to look to some unlikely and unusual places to find international environmental law's normative influence. Environmental law cases in North America seem poised to engage most significantly with international law not in the ‘bright lights’ but rather on the side-lines, where environmental law norms interface with climate law, private international law, Indigenous law, and human rights law.

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 Due Diligence in International Environmental Law and International Human Rights Law: A Comparative Legal Study of the Nationally Determined Contributions under the Paris Agreement and Positive Obligations under the European Convention on Human Rights

2021 ◽  
Author(s):  
Medes Malaihollo
Keyword(s):  
Human Rights ◽  
International Law ◽  
Environmental Law ◽  
Legal Rights ◽  
International Human Rights Law ◽  
Due Diligence ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Environmental Law ◽  
International Human

AbstractDue diligence is a frequently employed notion in international law, yet much is still to be explored about this concept. This article aims to contribute to an understanding of due diligence obligations in international law, which is useful as it can form the basis for a further clarification of corresponding legal rights of subjects of international law. With this purpose in mind, this article initiates the construction of a working model of due diligence in international law by exploring this notion from two perspectives: an accountability perspective and a regulatory perspective. Subsequently, this article will use this model to compare the operation of due diligence obligations in two branches of international law: international environmental law and international human rights law. In doing so, it will become clear that due diligence contains two core elements: ‘reasonableness’ and ‘good faith’. Moreover, it will become apparent that the operation of due diligence obligations in these two branches has implications for systemic issues in international law. Further research on the operation of due diligence obligations in other branches of international law is therefore recommended.

Climate-induced Displacement in Bangladesh: Recognition and Protection under International Law

2013 ◽  
Vol 82 (4) ◽  
pp. 487-527 ◽  
Author(s):  
Mostafa Mahmud Naser
Keyword(s):  
Climate Change ◽  
International Law ◽  
Environmental Law ◽  
Human Migration ◽  
Human Rights Law ◽  
International Environmental Law ◽  
Refugee Law ◽  
International Legal System ◽  
And Migration ◽  
Legal Frameworks

Climate change and human migration are two cross-cutting issues that demand immediate and appropriate responses from both international and national authorities. This article deals with a number of complex issues under international environmental law, human rights law and migration and refugee law, which have important ramifications for the protection of climate-induced displacement in Bangladesh. It examines these legal frameworks to assess how appropriate they are in regulating climate-induced displacement and underscores current gaps or limitations within the international legal system for effective recognition and protection of climate change migrants. The development of ‘soft guidelines’ suggested in this study would establish an international framework for the specific recognition, treatment and protection of climate change displaced persons and fill the legal gaps with the specificity required by states and communities.

Sustainable Development and Human Rights: An Integrated Conception

1996 ◽  
Vol 45 (4) ◽  
pp. 796-818 ◽  
Author(s):  
Dominic McGoldrick
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
Environmental Law ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Human Right ◽  
International Human Rights ◽  
International Environmental Law ◽  
European Court ◽  
International Human

This article seeks to present an integrated conception of sustainable development, with particular emphasis on the contribution of international human rights law and theory. Part II considers a structural conception of sustainable development. Part III considers parallels between sustainable development and self-determination. Part IV provides some general reflections on international environmental law and international human rights law in terms of analogous concepts, principles and systems. What similarities are there and what differences? Part V considers the progress made towards recognition of a “human right to the environment”. Part VI considers how international environmental claims could be brought within the existing international human rights complaint systems. Part VII analyses the judgment of the European Court of Human Rights in theLopez Ostracase (1994), the leading case on environmental claims to have reached that Court.

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