The European Court of Human Rights and International Environmental Law

Chapter 5 in John H Knox and Ramin Pejan (eds), The Human Right to a Healthy Environment (CUP 2018), ISBN 9781108367530

13 Pages Posted: 20 Jun 2018

See all articles by Ole W. Pedersen

Ole W. Pedersen

Newcastle University - Newcastle Law School

Date Written: June 15, 2018

Abstract

This paper considers the relationship between international environmental law and the case law from the European Court of Human Rights which engages with environmental rights. The paper considers what impact the potential creation of a right to a healthy environment in international law might have on the Court’s case law in light of the Court's tendency to rely on international environmental rules in support of its reasoning. In light of this, the paper finds that the creation of a right to a healthy environment in international law might provide the Court with further impetus and support for developing its environmental rights case law. On the other hand, the fact that the Court has, through mildly activist means of interpretation, been able to accommodate modern concerns for environmental harms (notwithstanding the inherent limitations in the Court’s case law), suggests that the absence of a right to a healthy environment on the international plane does not necessarily exclude the development of environmental rights jurisprudence in regional human rights forums.

Keywords: Environmental Law, Environmental Rights, Human Rights, European Convention on Human Rights, European Court of Human Rights, International Environmental Law

Suggested Citation

Pedersen, Ole Windahl, The European Court of Human Rights and International Environmental Law (June 15, 2018). Chapter 5 in John H Knox and Ramin Pejan (eds), The Human Right to a Healthy Environment (CUP 2018), ISBN 9781108367530, Available at SSRN: https://ssrn.com/abstract=3196971 or http://dx.doi.org/10.2139/ssrn.3196971

Ole Windahl Pedersen (Contact Author)

Newcastle University - Newcastle Law School ( email )

21-24 Windsor Terrace
Jesmond
Newcastle upon Tyne, England NE1 7RU
United Kingdom

HOME PAGE: http://www.ncl.ac.uk/nuls/staff/profile/ole.pedersen

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