Abstract

https://ssrn.com/abstract=2896528
 


 



Environmental Principles and the Right to a Quality Environment


Ben Boer


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

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

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.

Number of Pages in PDF File: 20

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


Open PDF in Browser Download This Paper

Date posted: January 11, 2017  

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

Contact Information

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
Feedback to SSRN


Paper statistics
Abstract Views: 90
Downloads: 36