Abstract

http://ssrn.com/abstract=815049
 


 



Environmental Rights in a Welfare State? A Comment on DeMerieux


Chris Miller


University of Salford - School of Environment & Life Sciences


Oxford Journal of Legal Studies, Vol. 23, No. 1, pp. 111-125, 2003

Abstract:     
The derivation of a category of 'environmental rights' (as argued in this journal by Margaret DeMerieux) from certain cases heard in the European Court of Human Rights is examined. Opposing the majority judicial opinion of that court, there is emerging a dissenting view which is reluctant to extend a rights perspective to those nuisances which can, in theory, be avoided by relocation of the family home. This critique is then extended to v in which the claimant used the Human Rights Act 1998 (as well as common law) to secure damages for an environmental threat (flooding) to his home. It is further argued that any 'rights' dimension currently attached to environmental intrusion on private life will give way to policy imperatives once the effects of climate change come to be recognized.

Accepted Paper Series


Not Available For Download

Date posted: February 29, 2008  

Suggested Citation

Miller, Chris, Environmental Rights in a Welfare State? A Comment on DeMerieux. Oxford Journal of Legal Studies, Vol. 23, No. 1, pp. 111-125, 2003. Available at SSRN: http://ssrn.com/abstract=815049

Contact Information

Chris Miller (Contact Author)
University of Salford - School of Environment & Life Sciences ( email )
M5 4WT Salford
United Kingdom
Feedback to SSRN


Paper statistics
Abstract Views: 417

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo1 in 0.313 seconds