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The Human Right to a Healthy Environment

Editat de John H. Knox, Ramin Pejan
en Limba Engleză Paperback – 27 iun 2018
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.
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Specificații

ISBN-13: 9781108431583
ISBN-10: 1108431585
Pagini: 306
Ilustrații: 1 table
Dimensiuni: 153 x 228 x 17 mm
Greutate: 0.43 kg
Editura: Cambridge University Press
Colecția Cambridge University Press
Locul publicării:New York, United States

Cuprins

1. Introduction John H. Knox and Ramin Pejan; 2. Catalyst for change: evaluating forty years of experience in implementing the right to a healthy environment David R. Boyd; 3. Learning from constitutional environment rights Erin Daly and James R. May; 4. The right to a satisfactory, healthy and sustainable environment in the African regional human rights system Lilian Chenwi; 5. The European Court of Human Rights and international environmental law Ole W. Pedersen; 6. Complexities and uncertainties in matters of human rights and the environment: identifying the judicial role Dinah Shelton; 7. Reasoning up: environmental rights as customary international law Rebecca M. Bratspies; 8. In search of a right to a healthy environment in international law: jus cogens norms Louis J. Kotzé; 9. A human right to a healthy environment? Moral, legal and empirical considerations César Rodríguez-Garavito; 10. Quality control of the right to a healthy environment Marcos Orellana; 11. The Malé formulation of the overarching environmental human right Daniel Magraw and Kristina Wienhöfer; 12. The politics of human rights, the environment, and climate change at the human rights council: towards a universal right to a healthy environment? Marc Limon; 13. Human rights in the climate change regime: from Rio to Paris and beyond Lavanya Rajamani; 14. The right to a healthy environment and climate change: mismatch or harmony? Sumudu Atapattu.

Recenzii

'In assembling this collection of essays, John H. Knox and Ramin Pejan have sought to deliver 'a continuing conversation on the relationship between human rights and the environment'. They have succeeded admirably in generating a wide-ranging and diverse debate about a topic which loses none of its relevance in a world where climate change and global environmental destruction threaten the future of humanity itself.' Alan Boyle, Edinburgh University
'The right to breathe is surely the most fundamental of all rights, and the state of our planet must be placed at the heart of the human rights issue. The Human Right to a Healthy Environment advances this critical cause and supports the often deadly work of countless environmental defenders around the world. Its message is simple: we have both a moral and a legal imperative to act.' Erik Solheim, Head of UN Environment

Descriere

This book considers and clarifies many different facets of the international human right to a healthy environment.