The Ties that Bind: The Environment, the European Convention on Human Rights and the Rule of Law

European Public Law, Vol. 16, No. 4, p. 571, 2010

37 Pages Posted: 8 Sep 2010  

Ole W. Pedersen

Newcastle University - Newcastle Law School

Date Written: September 7, 2010

Abstract

This paper examines the link between environmental protection and human rights in a European context, with particular reference to the European Convention on Human Rights. It is argued that the jurisprudence of the European Court of Human Rights on the subject is best understood by reference to the rule of law and that the extension of the Convention to certain environmental issues is less controversial than critics assert. Moreover, this paper argues that on the normative level, environmental protection and human rights share a common base. The paper concludes, however, that the use of human rights instruments is unlikely to lead to significant environmental improvements.

Keywords: Human rights, environmental law, environmental rights, European convention on human rights, rule of law

Suggested Citation

Pedersen, Ole W., The Ties that Bind: The Environment, the European Convention on Human Rights and the Rule of Law (September 7, 2010). European Public Law, Vol. 16, No. 4, p. 571, 2010. Available at SSRN: https://ssrn.com/abstract=1673125 or http://dx.doi.org/10.2139/ssrn.1673125

Ole Windahl Pedersen (Contact Author)

Newcastle University - Newcastle Law School ( email )

21-24 Windsor Terrace
Jesmond
Newcastle upon Tyne, England NE1 7RU
United Kingdom

HOME PAGE: http://www.ncl.ac.uk/nuls/staff/profile/ole.pedersen

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