Environmental Human Rights

HANDBOOK OF COMPARATIVE ENVIRONMENTAL LAW (Edward Elgar Publishing, forthcoming 2024), edited by Tseming Yang and Anastasia Telesetsky

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See all articles by James R. May

James R. May

Washburn University - Washburn University School of Law; Widener University Delaware Law School; Haub School of Law at Pace University

Date Written: October 22, 2024

Abstract

This chapter compares substantive rights to a healthy environment at the international, regional, national and subnational levels. It provides twin conclusions and triplet supporting appendices. First, the world has turned slowly if inexorably toward recognizing a substantive right to a healthy environment, most commonly at the national constitutional level. Second, despite this development, many of these rights have lain dormant or been underutilized. Indeed, a majority of the environmental rights instantiated in the constitutions of 84 countries are not self- executing and have never been enforced in a court of law. At chapter’s end are three appendices. The first lists and includes the language from countries that recognize environmental human rights constitutionally and differentiates those that are ‘first order’ and presumably self-executing from those that aren’t (Appendix A). The second lists and includes the language from regional accords, reflecting ratification status (Appendix B). The third lists and includes language for substantive environmental rights provisions found in subnational constitutions in the United States, again identifying those that are among the first order (Appendix C). The underutilization of environmental human rights cuts both ways. On the one hand, it belies exaggerated representations of their transformative nature. Environmental human rights are a means to an end, not an end to means. The most common feature shared by environmental human rights across the board is their underenforcement. On the other hand, this suggests that continued vigilance in legal recognition and enforcement can play a key role in realizing their potential. Simply, the best way to take environmental human rights seriously is to adopt, implement and enforce them. The rest is conversation.

Keywords: Environmental Human Rights, Healthy Environment, Environmental Rights

Suggested Citation

May, James, Environmental Human Rights (October 22, 2024). HANDBOOK OF COMPARATIVE ENVIRONMENTAL LAW (Edward Elgar Publishing, forthcoming 2024), edited by Tseming Yang and Anastasia Telesetsky, Available at SSRN: https://ssrn.com/abstract=

James May (Contact Author)

Washburn University - Washburn University School of Law ( email )

1700 SW College Ave.
Topeka, KS 66621
United States

Widener University Delaware Law School ( email )

4601 Concord Pike
Wilmington, DE 19803-0406
United States

Haub School of Law at Pace University ( email )

78 N. Broadway
White Plains, NY 10603
United States

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