Posted: 29 Feb 2008
The derivation of a category of 'environmental rights' (as argued in this journal by Margaret DeMerieux) from certain cases heard in the European Court of Human Rights is examined. Opposing the majority judicial opinion of that court, there is emerging a dissenting view which is reluctant to extend a rights perspective to those nuisances which can, in theory, be avoided by relocation of the family home. This critique is then extended to v in which the claimant used the Human Rights Act 1998 (as well as common law) to secure damages for an environmental threat (flooding) to his home. It is further argued that any 'rights' dimension currently attached to environmental intrusion on private life will give way to policy imperatives once the effects of climate change come to be recognized.
Suggested Citation: Suggested Citation
Miller, Chris, Environmental Rights in a Welfare State? A Comment on DeMerieux. Oxford Journal of Legal Studies, Vol. 23, No. 1, pp. 111-125, 2003. Available at SSRN: https://ssrn.com/abstract=815049