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Environmental Obligations of States Arising from Duty to Protect Human Rights

Inter-American Court of Human Rights.  15 November 2017 .

Published online by Cambridge University Press:  01 June 2021

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Abstract

Environment — State obligations in relation to environmental protection — American Convention on Human Rights, 1969 — Scope of the word “jurisdiction” under Article 1(1) of American Convention for purposes of determining State responsibility — Convention for the Protection and Development of the Marine Environment in the Wider Caribbean Region, 1983 — State obligations under special environmental protection treaty regimes — Whether special environmental protection treaty regimes establishing extraterritorial jurisdiction for purposes of States Parties’ obligations under American Convention

Human rights — Human rights and the environment — Articles 4(1) and 5(1) of American Convention on Human Rights, 1969 — Right to life — Right to personal integrity — State environmental protection obligations for protection of rights to life and personal integrity — Obligation of prevention — Precautionary principle — Obligation of cooperation — Procedural obligations — Access to information — Public participation — Access to justice

Human rights — Article 26 of American Convention on Human Rights, 1969 — State obligation of progressive realization of rights implicit in economic, social, educational, scientific and cultural standards in Charter of the Organization of American States, 1948 — Whether rights under Article 26 justiciable — Right to a healthy environment — Whether right to a healthy environment encompassed by Article 26 — Whether right to a healthy environment an autonomous right

International tribunals — Jurisdiction — Advisory jurisdiction — Extent of jurisdiction — Whether advisory jurisdiction restricted by related petitions before Inter-American Commission on Human Rights — Whether advisory jurisdiction restricted by related contentious cases before International Court of Justice — Question posed — Whether Court empowered to reformulate question — Admissibility — Whether Request meeting formal and substantive requirements

State responsibility — Wrongful acts — Wrongful acts resulting in environmental damage and human rights violations — State responsibility for wrongful acts of third parties within jurisdiction

Type
Case Report
Copyright
© Cambridge University Press 2021

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