Developing Substantive Environmental Rights

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

33 Pages Posted: 23 Mar 2010 Last revised: 27 Mar 2014

See all articles by Dinah L. Shelton

Dinah L. Shelton

George Washington University - Law School

Date Written: March 1, 2010

Abstract

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.

Keywords: environmental rights, precaution, pollution, right to health, procedural rights, access to justice, risk

JEL Classification: K10; K19; K32; K33; K40

Suggested Citation

Shelton, Dinah L., Developing Substantive Environmental Rights (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, Available at SSRN: https://ssrn.com/abstract=1576508

Dinah L. Shelton (Contact Author)

George Washington University - Law School ( email )

2000 H Street, N.W.
Washington, DC 20052
United States
(202) 994-9413 (Phone)

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