Do We Need an International Instrument for the Recognition of the Right to a Healthy Environment?

2021 ◽  
pp. 1-14
Author(s):  
Ishrat Jahan
Keyword(s):  
Marine Pollution ◽  
Environmental Agreements ◽  
Plastic Pollution ◽  
Multilateral Environmental Agreements ◽  
Healthy Environment ◽  
Playing Field ◽  
Optional Protocol ◽  
International Recognition ◽  
The Right ◽  
International Environmental Treaties

Environmental degradation is continuing globally despite various international environmental treaties. If the right to a healthy environment is recognised by a global instrument, this international recognition of this right could enhance the implementation and enforcement of various multilateral environmental agreements. Moreover, the international recognition of this right to a healthy environment could create a level playing field at the international level to ensure better balancing of competing interests. Furthermore, an international instrument for the recognition of this right is necessary to address many environmental challenges including climate change, the loss of biodiversity, marine pollution, long-range air pollution and plastic pollution which have global or trans-boundary dimensions. A second optional protocol to the ICESCR as an international instrument for the recognition of the right to a healthy environment could be adopted. It would be the best option for the adoption of an international instrument to recognise the right to a healthy environment.

States, Secessionist Movements, and the International Recognition Regime

2021 ◽  
pp. 11-29
Author(s):  
Ryan D. Griffiths
Keyword(s):  
Two Dimensions ◽  
Admission Process ◽  
Sovereign State ◽  
Legal Norms ◽  
Playing Field ◽  
Independence Movement ◽  
International Recognition ◽  
Rules And Principles ◽  
The Right ◽  
Over Time

This chapter maps out the strategic playing field to better understand the sovereignty game. It analyses the process by which an independence movement becomes a sovereign state and the rules that guide the behavior of secessionists. The chapter then defines states and secessionist movements, and outlines their relationship to one another. It examines the international recognition regime by defining it as the evolving body of international legal norms, rules, and principles that determine when an applicant nation has the right to withdraw from an existing state and become a recognized independent sovereign state. The chapter discusses how and why the regime works, how it evolves over time, and highlights the competing normative demands that sit at the heart of the regime. Using the literature on sovereignty and international law, as well as interviews with UN officials, the chapter specifies the admission process for becoming a recognized sovereign state, and the perceived pathways it creates. It further explains two dimensions of statehood that are important for the theoretical framework of the study. One dimension pertains to the inwardly focused function of the state and its ability to provide political order. The other dimension is outwardly focused and calls attention to recognition by other states.

The ‘Global Pact for the Environment’ – A New Instrument to Protect the Planet?

2018 ◽  
Vol 15 (1) ◽  
pp. 3-23 ◽  
Author(s):  
Jasmin Raith
Keyword(s):  
Environmental Law ◽  
Environmental Agreements ◽  
International Environmental Law ◽  
Multilateral Environmental Agreements ◽  
Legal Questions ◽  
New Instrument ◽  
Sound Environment ◽  
The Right ◽  
Global Agenda ◽  
The Relationship

This article aims to shed light on the newly proposed initiative to negotiate a ‘Global Pact for the Environment’. After an overview of the Pact, the article discusses the main provisions of the current draft of the Pact, such as the right to live in an ecologically sound environment, the codification of existing environmental principles and the introduction of new principles. The article examines the relationship between the Pact and existing multilateral environmental agreements and institutions and comes to the conclusion that the stated intention for the Pact to serve as a ‘legal umbrella’ for the existing multilateral environmental treaties raises both political as well as legal questions. Furthermore, the Pact possesses only limited potential to strengthen international environmental law. Nonetheless, the initiative has the potential to trigger reforms in international environmental law by putting the protection of the environment at the top of the global agenda.

Some Comments on the Highest Attainable Standard of Health

2020 ◽  
Vol 26 (2) ◽  
pp. 134-140
Author(s):  
Gabriela Belova ◽  
Stanislav Pavlov
Keyword(s):  
Health Resources ◽  
Right To Health ◽  
International Standards ◽  
Special Rapporteur ◽  
Health It ◽  
Significant Development ◽  
Cultural Rights ◽  
Optional Protocol ◽  
The Social ◽  
The Right

AbstractThe last decades present a significant development of the economic, social and cultural rights and specifically, the right to health. Until 2000, the right to health has not been interpreted officially. By providing international standards, General Comment No.14 on the right to the Highest Attainable Standard of Health has led to wider agreement that the right to health includes the social determinants of health such as access to various conditions, services, goods or facilities that are crucial for its implementation. The Reports of the Special Rapporteur on the right to health within the UN human rights system have contributed to the process of gaining the greater clarity about the right to health. It is obvious that achieving the highest attainable level of health depends on the principle of progressive implementation and the availability of the necessary health resources. The possibility individual complaints to be considered by the Committee on Economic Social and Cultural Rights was introduced with the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, entered into force in 2013.

The Emergence of Climate Litigation in the Global South

2020 ◽  
Vol 114 ◽  
pp. 85-86
Author(s):  
Jolene Lin
Keyword(s):  
Global South ◽  
Right To Life ◽  
Environmental Rights ◽  
Healthy Environment ◽  
The Right

Climate litigation in the Global South tends to be couched in rights-based clams including the right to life and a clean and healthy environment. Jolene Lin explained that this is in part due to the fact that many jurisdictions in the Global South have embedded environmental rights in their constitutions and, in some cases, courts have interpreted the right to life to include the right to a clean and healthy environment.

scholarly journals Knowledge about Microplastic in Mediterranean Tributary River Ecosystems: Lack of Data and Research Needs on Such a Crucial Marine Pollution Source

2020 ◽  
Vol 8 (3) ◽  
pp. 216 ◽  
Author(s):  
Cristiana Guerranti ◽  
Guido Perra ◽  
Tania Martellini ◽  
Luisa Giari ◽  
Alessandra Cincinelli
Keyword(s):  
Marine Pollution ◽  
Distribution Patterns ◽  
Pollution Source ◽  
Freshwater Ecosystems ◽  
Abundance Distribution ◽  
Plastic Pollution ◽  
Marine Systems ◽  
Final Destination ◽  
Lack Of Information ◽  
Freshwater Environments

Plastic debris occurring in freshwater environments, which can either come from the surrounding terrestrial areas or transported from upstream, has been identified as one of the main sources and routes of plastic pollution in marine systems. The ocean is the final destination of land- based microplastic sources, but compared to marine environments, the occurrence and effects of microplastics in freshwater ecosystems remain largely unknown. A thorough examination of scientific literature on abundance, distribution patterns, and characteristics of microplastics in freshwater environments in Mediterranean tributary rivers has shown a substantial lack of information and the need to apply adequate and uniform measurement methods.

A Review: Natural Fiber as Reinforcement in Waste Paper Recycling and its Processing Methods

2013 ◽  
Vol 315 ◽  
pp. 443-447 ◽  
Author(s):  
S.K.A. Saferi ◽  
Y. Yusof
Keyword(s):  
Natural Fiber ◽  
Natural Fibers ◽  
Strength Properties ◽  
Hibiscus Cannabinus ◽  
Waste Paper ◽  
Kenaf Fiber ◽  
Healthy Environment ◽  
Wide Range ◽  
Increased Strength ◽  
The Right

As demand for clean and healthy environment, people make many alternate solutions to save the environment. To save trees and overcome landfill of waste material and waste disposal by burning activities issues (cause to losing energy and increase pollution), people nowadays take recycling as a recovery. Recycling waste paper into new product increased over the years. Shortage of wood supply required new sources of natural fiber for papermaking industry. Many researchers have studied new sources of natural fibers from non wood materials, such as oil palm residues, kenaf (Hibiscus Cannabinus), pineapple leaf, banana, and coconut fiber. Kenaf is choose as reinforcement agent for recycled waste paper to maximize the use of kenaf in industry application due its wide range of advantages where pineapple leaf are choose as reinforcement agent because abundantly of these material in Malaysia. Reinforcement of natural fiber into waste paper during recycling process expected to increased strength properties of final product. To understand the right and suitable processing method for kenaf fiber and pineapple leaf leaves previous work from other researchers are studied to investigate pulping procedure of natural fiber and its effect on mechanical strength.

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