What is the Primary Right?

8 Pages Posted: 5 Jan 2013

See all articles by Carter Dillard

Carter Dillard

Uehiro Centre, University of Oxford ; University of Oxford - Oxford Uehiro Centre for Practical Ethics

Abstract

This essay develops a new human right derived from both domestic substantive due process and international political exit right doctrines, called the primary right, which is best described as a general human claim-right of reasonable access to wilderness. It is a first generation human rights approach to environmental protection, positing a “nonhuman” baseline environment which is a necessary condition for persons to a) be “let alone” by others, and b) withdraw consent to political association and exit any, and therefore all, polities.

Suggested Citation

Dillard, Carter, What is the Primary Right?. Environmental Law Reporter, Vol. 43, No. 10016, 2013, Available at SSRN: https://ssrn.com/abstract=2196432

Carter Dillard (Contact Author)

Uehiro Centre, University of Oxford ( email )

Suite 8, Littlegate House
16/17 St Ebbe's Street
Oxford, OX1 1PT
United Kingdom

University of Oxford - Oxford Uehiro Centre for Practical Ethics ( email )

Suite 8, Littlegate House
St Ebbes Street
Oxford, OX1 1PT
United Kingdom

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