Kooperativer Bibliotheksverbund

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Format: 1 online resource (xvii, 290 pages) : , digital, PDF file(s).

Edition: 1st ed.

ISBN: 1-108-36929-4 , 1-108-37307-0 , 1-108-36753-4

Content: The absence of a globally recognized right to a healthy environment has not prevented the development of human rights norms relating to the environment. Indeed, one of the most noteworthy aspects of human rights law over the last twenty years is that UN treaty bodies, regional tribunals, special rapporteurs, and other human rights mechanisms have applied human rights law to environmental issues even without a stand-alone, justiciable human right to a healthy environment. In The Human Right to a Healthy Environment, a diverse set of scholars and practitioners, all of whom have been instrumental in defining the relationship between human rights and the environment, provide their thoughts on what is, or should be, the role of an international human right to a healthy environment. The right to a healthy environment could be a capstone to this field of law, could help to provide structure to it, or could move it in new directions.

Note: Title from publisher's bibliographic system (viewed on 20 Jun 2018). , Cover -- Half-title -- Title page -- Copyright information -- Table of contents -- List of Contributors -- Table of Cases -- Table of Treaties and Other International Instruments -- 1 Introduction -- National and Regional Experience with the Right to a Healthy Environment -- The Right as a Norm of Customary International Law, or Jus Cogens -- The Ethical and Legal Justifications for Adopting the Right in International Law -- The Role of the General Assembly and the Human Rights Council -- Human Rights and Climate Change -- 2 Catalyst for Change: Evaluating Forty Years of Experience in Implementing the Right to a Healthy Environment -- Examining the Effects of the Right to a Healthy Environment at the International Level -- Examining the Effects of the Right to a Healthy Environment at the National Level -- Strengthening Environmental Laws -- Improving Implementation and Enforcement -- Increasing Accountability -- Increasing Public Involvement -- Advance Screening of New Laws and Regulations -- Providing a Safety Net -- Preventing Rollbacks -- Addressing Environmental Justice -- Leveling the Playing Field -- Leading to Environmental Education -- The Impact on Environmental Performance -- The Potential Disadvantages -- The Need for a Global Instrument -- Conclusion -- 3 Learning from Constitutional Environmental Rights -- Introduction -- Global Environmental Constitutionalism -- International Law and Environmental Rights -- The Relationship Between International and National Law -- Lessons for an International Human Right to a Healthy Environment -- Meaning -- Scope -- Enforcement -- Conclusion -- 4 The Right to a Satisfactory, Healthy, and Sustainable Environment in the African Regional Human Rights System -- Normative Development -- Nature and Content -- Obligations of States and Non-State Actors -- Enforcement in Cases of Violations. , African Commission -- African Court -- Promotion Through Special Mechanisms: The Working Group on Extractive Industries, Environment and Human Rights Violations -- Conclusion -- 5 The European Court of Human Rights and International Environmental Law -- Introduction -- The Environment and the European Court of Human Rights -- Conclusion -- 6 Complexities and Uncertainties in Matters of Human Rights and the Environment: Identifying the Judicial Role -- When Should Courts Hear Human Rights Claims Based on Environmental Risk or Harm? -- Fact-Finding: Science and the Law -- Proving Allegations -- Scientific Uncertainty and the Role of the Precautionary Principle -- Setting Aside Decisions, Laws, and Regulations: What Level of Scrutiny? -- Remedies -- 7 Reasoning Up: Environmental Rights as Customary International Law -- Custom as a Source of Law -- Custom and Human Rights -- ''Reasoning Up'' to Customary Law -- ''Reasoning Up'' About Environmental Process as Customary International Law -- Conclusion -- 8 In Search of a Right to a Healthy Environment in International Law: Jus Cogens Norms -- An International Right to a Healthy Environment: The Lex Lata -- Why Continue the Debate on the Existence and Status of an International Right to a Healthy Environment? -- Jus Cogens Norms -- Developing an International Human Right to a Healthy Environment as a Jus Cogens Norm? -- Conclusion -- 9 A Human Right to a Healthy Environment?: Moral, Legal, and Empirical Considerations -- A Moral Case for the Right to a Healthy Environment -- The Legal Case for the Right to a Healthy Environment -- An Empirical Case for an International Right to a Healthy Environment -- Conclusion -- 10 Quality Control of the Right to a Healthy Environment -- The UN General Assembly Guidelines on International Human Rights Standard-Setting. , Application of the UN General Assembly Guidelines to the Global Recognition of the Right to a Healthy Environment -- Consistency with Existing Body of International Human Rights Law -- Fundamental Character: Deriving From the Inherent Dignity of the Human Person -- Precision: Giving Rise to Identifiable and Practicable Rights and Obligations -- Realistic and Effective Implementation Machinery -- Attracting Broad International Support -- Assessment of the Process Concerning Global Recognition of the Right to a Healthy Environment -- Incubation at the National Level -- Discussion and Analysis of the Implications of Recognition -- Attempts to Seek Comments from Governments, Specialized Agencies, and Nongovernmental Organizations -- Expert Advice on Technical Matters -- Sufficient Intergovernmental Debate -- Preliminary Conclusion on the Process -- The Role of the Human Rights Council in the Proclamation of New Human Rights -- Conclusion -- 11 The Politics of Human Rights, the Environment, and Climate Change at the Human Rights Council: Toward a Universal Right to a Healthy Environment? -- Political Opposition to Environmental Rights at the United Nations -- Human Rights and Climate Change -- The OHCHR Report -- June 2009 Panel Debate -- A Fork in the Road -- A Step Sideways: The Return of Human Rights and Environment -- The Emergence of Two ''Distinct and Parallel Tracks'' -- 12 The Malé Formulation of the Overarching Environmental Human Right -- Malé Declaration: Conceptual Background and Road to the Formulation -- The Inuit Petition in the Inter-American Commission on Human Rights -- The Malé Declaration on the Human Dimension of Climate Change -- The Malé Formulation -- Content of the Malé Formulation -- Value of the Malé Formulation as an Overarching Right. , Value of the Malé Formulation vis-à-vis Other Formulations of the Overarching Environmental Right -- The Malé Formulation as a Stepping Stone Toward Progress -- Conclusions -- Appendix A Malé Declaration on the Human Dimension of Global Climate Change -- 13 Human Rights in the Climate Change Regime: From Rio to Paris and Beyond -- Introduction -- Human Rights Under the UNFCCC and the Kyoto Protocol -- Explicit Rights References -- Implicit Endorsement of Rights -- Recognition of Interests -- Recognition and Protection of Vulnerable Groups -- Conditions for Effective Protection of Human Rights -- The 2015 Paris Agreement -- Explicit Rights References -- Implicit Endorsement of Rights -- Recognition of Interests -- Recognition and Protection of Vulnerable Groups -- Conditions for the Effective Protection of Human Rights -- Rights of Nature? -- Conclusion: From Rio to Paris and Beyond -- 14 The Right to a Healthy Environment and Climate Change: Mismatch or Harmony? -- Emergence of a Right to a Healthy Environment at the International Level -- Human Rights, the Right to a Healthy Environment, and Climate Change -- Mitigation Measures -- Adaptation Measures -- Vulnerable Communities -- Time for a Distinct Right to a Healthy Environment? -- Conclusion -- Bibliography -- Resolutions -- Reports of International Bodies -- Scholarly Sources: Articles, Books, Chapters -- Index.

Additional Edition: ISBN 1-108-42119-9

Language: English

URL: https://doi.org/10.1017/9781108367530