Developing Substantive Environmental Rights
Dinah L. Shelton
George Washington University - Law School
March 1, 2010
Journal of Human Rights and the Environment, Vol. 1, No. 1, pp. 89-120, March 2010
GWU Legal Studies Research Paper No. 502
GWU Law School Public Law Research Paper No. 502
Human rights tribunals facing claims of violations stemming from environmental degradation are increasingly incorporating and applying national and international environmental standards to assess whether or not the government in question has complied with its legal obligations. The government is required to comply with whatever environmental laws it has enacted as well as treaties to which it is a party. Furthermore the tribunals will assess, albeit with considerable deference, whether or not the environmental laws set the level of protection too low to allow the enjoyment of guaranteed human rights, in some instances drawing on the precautionary principle and other concepts from environmental law.
Number of Pages in PDF File: 33
Keywords: environmental rights, precaution, pollution, right to health, procedural rights, access to justice, risk
JEL Classification: K10; K19; K32; K33; K40Accepted Paper Series
Date posted: March 23, 2010 ; Last revised: March 25, 2011
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