Book contents
- The Cambridge Handbook of New Human Rights
- The Cambridge Handbook of New Human Rights
- Copyright page
- Contents
- Figures
- Contributors
- Acknowledgements
- Introduction
- Part I Cross-Cutting Observations
- Part II Public Good Rights
- The Right to Water
- Rights to Housing and to Land
- The Right to Health
- The Right to a Clean Environment and Rights of the Environment
- 10 The Human Right to a Clean Environment and Rights of Nature
- 11 The Right to Environment
- Part III Status Rights
- Part IV New Technology Rights
- Part V Autonomy and Integrity Rights
- Part VI Governance Rights
- Index
11 - The Right to Environment
A New, Internationally Recognised, Human Right
from The Right to a Clean Environment and Rights of the Environment
Published online by Cambridge University Press: 04 January 2020
- The Cambridge Handbook of New Human Rights
- The Cambridge Handbook of New Human Rights
- Copyright page
- Contents
- Figures
- Contributors
- Acknowledgements
- Introduction
- Part I Cross-Cutting Observations
- Part II Public Good Rights
- The Right to Water
- Rights to Housing and to Land
- The Right to Health
- The Right to a Clean Environment and Rights of the Environment
- 10 The Human Right to a Clean Environment and Rights of Nature
- 11 The Right to Environment
- Part III Status Rights
- Part IV New Technology Rights
- Part V Autonomy and Integrity Rights
- Part VI Governance Rights
- Index
Summary
The development and formal recognition of the right to environment as a human right under international law has been the object of intense debate for well over fifty years. In 1995, approximately halfway into this period, Günther Handl published a frequently cited article dismissing the existence and need for a human right to environment. A few years later, I wrote an article rebutting Handl’s analysis and conclusions on the matter and proposing a more progressive or modern approach to the sources doctrine under international law. In his most recent work on the human right to environment (included as a chapter in this book), Handl restates most of the arguments raised in his prior article. In an effort to summarise the substance of the debate on the right to environment, I will briefly outline arguments generally used by those rejecting the existence and international recognition of the human right to environment, as well as counter-arguments previously raised to rebut the same.
- Type
- Chapter
- Information
- The Cambridge Handbook of New Human RightsRecognition, Novelty, Rhetoric, pp. 154 - 162Publisher: Cambridge University PressPrint publication year: 2020