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Borderlines in Private Law

Edited by: William Day, Julius Grower
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Lord Denning: Life, Law and Legacy



  


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Human Right to a Viable Environment


ISBN13: 9789067043229
Publisher: T.M.C. Asser Press
Country of Publication: The Netherlands
Format: Hardback
Price: Publication Abandoned



Human rights tribunals are regularly confronted with complaints regarding human rights violations caused by environmental degradation. This book deals with the effectiveness of incorporating environmental dimensions into existing human rights and analyses the feasibility of a separate enforceable human right relating to the environment. Including chapters on the relevant case law of several regional human rights systems, such as the European Convention on Human Rights, the American Convention on Human Rights and global human rights systems, such as the UN International Convention on Civil and Political Rights, it demonstrates that incorporating environmental aspects within existing human rights is problematic and recommends the insertion of a right to a viable environment in all human rights systems.

  • Thorough description and clear survey of relevant case law organised under relevant convention provisions allows the reader to get a good overview of all relevant case law
  • Detailed analysis of the feasibility of a human right to a viable environment including the formulation demonstrates the difficulties of the development of a ‘new’ human right
  • Subjects that are usually discussed separately by authors are all examined, giving an overview of all the issues relating to the subject

Subjects:
Environmental Law
Contents:
1. Introduction
Part I. The European Convention on Human Rights and Environmental Issues: 2. The European Convention on Human Rights, survey of the Strasbourg system for protection of human rights; 3. The European Convention on Human Rights and the environment: an analysis of relevant case law; 4. Final conclusions regarding European 'environmental case law'
Part II. Other Human Rights Systems and Environmental Issues: 5. UN systems of human rights protection and the environment; 6. Other regional human rights systems and the environment
Part III. A Separate Human Right Relating to the Environment: 7. The search for a human right relating to the environment in international law; 8. Aspects and obstacles concerning a separate human right relating to the environment; 9. Final conclusions.