Environmental Risks, Rights and Black Swans
11 Pages Posted: 12 May 2013
Date Written: May 7, 2013
This essay offers an analysis of the two decisions delivered by the European Court of Human Rights in Kolyadenko and others v. Russia and Hardy and Maile v. United Kingdom. The essay argues that the Court's appreciation of environmental risks is partly driven by an ex post rationalisation of the relevant facts. In doing so, the essay draws on Taleb's work on Black Swans.
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