Conservation with Justice: A Rights-Based Approach

GWU Legal Studies Research Paper No. 2013-30

GWU Law School Public Law Research Paper No. 2013-30

International Union for Conservation of Nature, Environmental Law & Policy Paper No. 71

33 Pages Posted: 1 Mar 2013

See all articles by Thomas Greiber

Thomas Greiber

Independent

Melinda Janki

Independent

Marcos Orellana

Independent

Annalisa Savaresi

University Stirling, School of Law

Dinah L. Shelton

George Washington University - Law School

Date Written: 2010

Abstract

This article suggests a rights-based approach (RBA) to conservation of environmental resources. The article points out benefits of an RBA model, such as identifying the causes of environmental impacts on citizens’ human rights and bettering the regulation of environmental resources. However, the RBA also poses challenges, such as resistance from non-State actors, comparing the importance of different rights, and a commitment of many resources. The article next identifies substantive and procedural rights provided by international law. An RBA implicates, among others, the right to life, the right to health, the right to an adequate standard of living, the right to work, the rights to religion and culture, the right to property, the right to privacy and home life and the rights to information and participation. The article concludes by providing detailed guidance about how to implement an RBA, and the main steps include analyzing the situation, disseminating information, guaranteeing participation, making a decision about the activity, monitoring and evaluating the RBA, and ensuring the rights by enforcement of the commitments undertaken by various actors.

Keywords: international law, human rights, rights-based approach, conservation

JEL Classification: K32, K33

Suggested Citation

Greiber, Thomas and Janki, Melinda and Orellana, Marcos and Savaresi, Annalisa and Shelton, Dinah L., Conservation with Justice: A Rights-Based Approach (2010). GWU Legal Studies Research Paper No. 2013-30, GWU Law School Public Law Research Paper No. 2013-30, International Union for Conservation of Nature, Environmental Law & Policy Paper No. 71, Available at SSRN: https://ssrn.com/abstract=2225952 or http://dx.doi.org/10.2139/ssrn.2225952

Thomas Greiber

Independent ( email )

Melinda Janki

Independent

Marcos Orellana

Independent ( email )

Annalisa Savaresi

University Stirling, School of Law ( email )

B12A Pathfoot Building
Stirling, Scotland FK9 4LA
United Kingdom

HOME PAGE: http://www.stir.ac.uk/people/32901

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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