Inter-American Court of Human Rights’ Advisory Opinion on the Environment and Human Rights

Abstract

On February 7, 2018, the Inter-American Court of Human Rights published a landmark Advisory Opinion on the Environment and Human Rights (Opinion). Reaffirming that human rights depend on the existence of a healthy environment, the Court ruled that states must take measures to prevent significant environmental harm to individuals inside — and outside — their territory. In other words, if pollution can travel across the border, so can legal responsibility. This Insight reviews briefly the background of the advisory proceeding before discussing its main implications.

Keywords: international law, environmental law, international environmental law, human rights law, Inter-American Court of Human Rights, transboundary harm, extraterritorial obligations