Environmental Principles and the Right to a Quality Environment

PRINCIPLES OF ENVIRONMENTAL LAW, L. Kramer, E. Orlando, eds, Edward Elgar, UK, 2017, Forthcoming

Sydney Law School Research Paper No. 17/05

20 Pages Posted: 11 Jan 2017  

Ben Boer

University of Sydney - Faculty of Law, Environmental Law; Research Institute of Environmental Law, Wuhan University

Date Written: January 9, 2017

Abstract

This contribution traces the history of environmental rights over the past few decades, focusing on international and regional human rights instruments, as well as case law. It does so in the context of the environmental principles associated with environmental rights. It explores the meaning of a ‘quality’ environment, and canvasses the distinction between procedural and substantive rights in the environmental realm. The work of the United Nations Special Rapporteur on the right to environment is covered. The constitutionalization and legislative enactment of the right to environment are explored. The role of the courts in addressing environmental rights is briefly looked at. Research gaps are identified, and areas for further research are also set out. A comprehensive bibliography is included.

Keywords: Environmental principles, environmental rights, quality environment, international law, procedural rights, substantive rights, anthropocentric, ecocentric, constitutionalization of rights, role of courts

JEL Classification: K10, K30, K32, K33

Suggested Citation

Boer, Ben, Environmental Principles and the Right to a Quality Environment (January 9, 2017). PRINCIPLES OF ENVIRONMENTAL LAW, L. Kramer, E. Orlando, eds, Edward Elgar, UK, 2017, Forthcoming; Sydney Law School Research Paper No. 17/05. Available at SSRN: https://ssrn.com/abstract=2896528

Ben Boer (Contact Author)

University of Sydney - Faculty of Law, Environmental Law ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

Research Institute of Environmental Law, Wuhan University

Luojia Hill, Wuchang
Wuhan, Hubei
China

Paper statistics

Downloads
109
Rank
207,172
Abstract Views
259