Environmental Principles and the European Court of Human Rights
Forthcoming in Ludwig Kramer and Emanuela Orlando (eds), Principles of Environmental Law, IUCN Encyclopaedia of Environmental Law (Edward Elgar)
12 Pages Posted: 27 May 2018 Last revised: 13 Jun 2018
Date Written: May 16, 2018
This chapter scrutinises the extent to which environmental principles have influenced the jurisprudence of the European Court of Human Rights. Given that the Court has gone on to develop a rich body of case law on the environment, one would perhaps expect that environmental principles play an important role in the Court’s deliberations. As this chapter shows, the reality is somewhat less straightforward. While the Court has lent its support to some environmental principles – most notably that of public participation – recent case law suggests that the Court is retreating from an earlier willingness to engage with environmental principles.
Keywords: European Convention on Human Rights, European Court of Human Rights, environmental rights, environmental principles, public participation
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