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5 - The European Court of Human Rights and International Environmental Law

Published online by Cambridge University Press:  08 June 2018

John H. Knox
Affiliation:
Wake Forest University, North Carolina
Ramin Pejan
Affiliation:
Earthjustice
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Summary

This chapter considers the relationship between international environmental law and the case law from the European Court of Human Rights relating to environmental rights. It analyses how the Court has devloped a rich body of case law notwithstanding the fact that the European Convention on Human Rights lacks expressive recognition of the right to a healthy environment. In this light, the chapter considers what impact the potential creation of a right to a healthy environment in international law might have on the Court’s case law. It argues that as the Court often relies on international environmental rules (as well as EU environmental law), the creation of a right to a healthy environment in international law might provide the Court with further impetus and support for developing its environmental rights case law. On the other hand, the fact that the Court has been able to accommodate modern concerns for environmental harms (notwithstanding the inherent limitations in the Court’s case law), suggests that the absence of a right to a healthy environment on the international plane is not necessarily the death-knell of environmental rights in regional human rights forums.
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Publisher: Cambridge University Press
Print publication year: 2018

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