Environmental Rights

The Development of Standards

Stephen J. Turner, Dinah L. Shelton, Jona Razzaque, Owen McIntyre, James R. May

• Publisher: Cambridge University Press
• Year: 2019
• Print ISBN:
  9781108482240
• eBook ISBN:
  9781108664653
• Topic: Law
• Subtopic: Environmental Law
• Index: Law

Environmental rights, also known as the human rights or constitutional rights that are used for the protection of the environment, have proliferated over the last forty-five years. However, the precise levels of protection that they represent has since been a major question associated with this phenomenon. Environmental Rights: The Development of Standards systematically investigates this question by analyzing the emerging standards of environmental protection that are associated with such rights and the way that those associations are becoming formalized. It covers all of the relevant human rights treaties to illustrate how environmental rights standards are emerging in this dynamic area. Bringing together an elite group of scholars, this book discusses significant new insights into the way that environmental rights are developing, the standards of protection that they confer, and the way that standards in the field of environmental rights can potentially be further developed in the future.

Table of contents

• Cover
• Half-title page
• Title page
• Copyright page
• Contents
• List of Contributors
• Foreword
• Preface and Acknowledgements
• List of 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