The Intersection of International Human Rights and Domestic Environmental Regulation

24 Pages Posted: 22 Aug 2010  

Rebecca M. Bratspies

City University of New York - School of Law

Date Written: August 20, 2010

Abstract

This Article focuses on how international human rights and their associated environmental norms can be useful for deepening the domestic legal process, particularly in the area of public participation in environmental decision-making in an age of global warming. To make this argument, this Article looks at the process by which the United States approved oil leases in the Chukchi Sea, and how that process might have been improved had it been enriched by the international norms that would generally be considered to make up the putative right to a healthy environment.

Keywords: human rights, environmental regulation, Arctic, environmental rights, oil, chukchi sea, norms, discretion, decisionmaking, transparency, participation

JEL Classification: D70, D73, D81, K32, K33, K23

Suggested Citation

Bratspies, Rebecca M., The Intersection of International Human Rights and Domestic Environmental Regulation (August 20, 2010). Georgia Journal of International and Comparative Law, Vol. 38, 2010. Available at SSRN: https://ssrn.com/abstract=1662576

Rebecca M. Bratspies (Contact Author)

City University of New York - School of Law ( email )

2 Court Square
Long Island City, NY 11101
United States

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