Book contents
- Environmental Rights
- Environmental Rights
- Copyright page
- Contents
- Contributors
- Foreword
- Preface and Acknowledgements
- Abbreviations
- Table of Cases, Communications and Advisory Opinions
- Table of Treaties
- Table of International Declarations, Resolutions, Guidelines and Standard Setting Instruments
- Table of European Union Directives
- 1 Introduction: A Brief History of Environmental Rights and the Development of Standards
- 2 Environmental Rights and International Human Rights Covenants: What Standards Are Relevant?
- 3 The ECHR, Environment-Based Human Rights Claims and the Search for Standards
- 4 The American Convention on Human Rights and Environmental Rights Standards
- 5 The African Charter on Human and Peoples’ Rights and Environmental Rights Standards
- 6 The Aarhus Convention: Standards for Access to Justice in Environmental Matters
- 7 The Emergence of Standards regarding the Right of Access to Water and Sanitation
- 8 Standards in the Procedural Rights of Multilateral Environmental Agreements
- 9 A Stock-Taking of FPIC Standards in International Environmental Law
- 10 Environmental Standards and the Right to Life in India: Regulatory Frameworks and Judicial Enterprise
- 11 Environmental Standards in the Portuguese Constitution
- 12 The Argentine Constitution and Its Relationship with Environmental Standards
- 13 The South African Constitution – Standards of Environmental Protection
- 14 The French Charter of the Environment and Standards of Environmental Protection
- 15 The Constitution of Bhutan: A Quantitative Environmental Standard
- 16 The Rights of Nature: Guiding Our Responsibilities through Standards
- 17 Standards in Subnational Environmental Constitutionalism
- 18 Conclusion: Analysing the Development of Standards in the Field of Environmental Rights
- Index
8 - Standards in the Procedural Rights of Multilateral Environmental Agreements
Published online by Cambridge University Press: 09 May 2019
Book contents
- Environmental Rights
- Environmental Rights
- Copyright page
- Contents
- Contributors
- Foreword
- Preface and Acknowledgements
- Abbreviations
- Table of Cases, Communications and Advisory Opinions
- Table of Treaties
- Table of International Declarations, Resolutions, Guidelines and Standard Setting Instruments
- Table of European Union Directives
- 1 Introduction: A Brief History of Environmental Rights and the Development of Standards
- 2 Environmental Rights and International Human Rights Covenants: What Standards Are Relevant?
- 3 The ECHR, Environment-Based Human Rights Claims and the Search for Standards
- 4 The American Convention on Human Rights and Environmental Rights Standards
- 5 The African Charter on Human and Peoples’ Rights and Environmental Rights Standards
- 6 The Aarhus Convention: Standards for Access to Justice in Environmental Matters
- 7 The Emergence of Standards regarding the Right of Access to Water and Sanitation
- 8 Standards in the Procedural Rights of Multilateral Environmental Agreements
- 9 A Stock-Taking of FPIC Standards in International Environmental Law
- 10 Environmental Standards and the Right to Life in India: Regulatory Frameworks and Judicial Enterprise
- 11 Environmental Standards in the Portuguese Constitution
- 12 The Argentine Constitution and Its Relationship with Environmental Standards
- 13 The South African Constitution – Standards of Environmental Protection
- 14 The French Charter of the Environment and Standards of Environmental Protection
- 15 The Constitution of Bhutan: A Quantitative Environmental Standard
- 16 The Rights of Nature: Guiding Our Responsibilities through Standards
- 17 Standards in Subnational Environmental Constitutionalism
- 18 Conclusion: Analysing the Development of Standards in the Field of Environmental Rights
- Index
Summary
A number of multilateral environmental agreements (MEAs) recognise the link between the environment and human health and well-being. However, only a few of these refer to human rights explicitly. Nonetheless, their treatment of human life, health and other concerns protected by human rights may increase our understanding of the development of rights standards relating to the environment. These agreements recognise and address the effect of environmental harm on human beings, and they also set out obligations for States to prevent such harm. Moreover, a number of these environmental agreements today incorporate procedural environmental rights, and some MEAs include provisions regarding civil liability and compensation for damage caused by environmental degradation, particularly in the context of pollution. In this chapter, we consider the ongoing and gradual development of the standards relating to procedural rights obligations of states within MEAs.
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- Environmental RightsThe Development of Standards, pp. 174 - 194Publisher: Cambridge University PressPrint publication year: 2019
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