DECISIONS OF THE EUROPEAN COURT OF HUMAN RIGHTS AS THE SOURCE OF ENVIRONMENTAL LAW OF UKRAINE

Author(s):  
Nazarii Shparyk ◽  
1996 ◽  
Vol 45 (4) ◽  
pp. 796-818 ◽  
Author(s):  
Dominic McGoldrick

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.


2012 ◽  
Vol 81 (1) ◽  
pp. 39-74 ◽  
Author(s):  
Nicolas de Sadeleer

So far, EU treaty law does not encapsulate any individually justiciable rights to a clean environment or to health. The article explores whether individuals can rely on the environmental duties embodied in the European Union Charter of Human Rights (EUCHR), and the European Convention on Human Rights (ECHR) in cases falling within the scope of EU environmental law. Moreover, it takes a close examination of the case law of both the Court of Justice of the European Union and the European Court of Human Rights regarding the standing of individuals whose environment is impaired.


Author(s):  
Carolina Prado Da Hora ◽  
Ricardo Libel Waldman

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.


2015 ◽  
Vol 109 (4) ◽  
pp. 713-760 ◽  
Author(s):  
David Kosař ◽  
Lucas Lixinski

Regional human rights courts in Europe and the Americas came into being in the wake of World War II. The European Court of Human Rights (ECHR) and Inter-American Court of Human Rights (IACHR) were established in order to adjudicate on alleged violations of the rights of individuals. Yet, since their inception these courts have also influenced other areas of international law. A part from their impact on general international law, their case law has had significant spill over effects on international criminal law, international refugee law, international environmental law, the law of armed conflicts, and the law of the sea.


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