Analyzing Human Rights in International Environmental Law Context

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This presentation explores the intersection of international environmental law and human rights, highlighting their reciprocal relationship in safeguarding human welfare. It examines how environmental preservation is a prerequisite for the foundation of human rights, while also acknowledging the detrimental impact of human activities on the environment. The presentation further discusses the role of the European Court in applying human rights provisions to environmental protection, emphasizing rights such as access to environmental justice and a healthy environment. Case laws like Arrondelle vs. England and Lopez-Ostra vs. Spain are cited to illustrate the practical application of these principles. Ultimately, the presentation concludes that environmental conservation can be effectively achieved through the recognition and enforcement of human rights, as affirmed by the European Court, emphasizing that a dignified life includes the right to a safe and healthy environment. Desklib provides access to this presentation and many other resources for students.
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International Environmental
Law - Presentation
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Table of Content
Introduction
Relation between human rights and environment protection
Role of the European court in the implication of human right provisions in protecting the environment
Case laws
Conclusion
References
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INTRODUCTION
International environmental law is a part of International
Law which is related to the concern of conservation of
the environment mainly through the mutual agreements
which are formed among different countries. As it is
important to think about the protection of the
environment, these agreements which are formed under
various treaties or conventions acts as the regulatory
authority over the member countries who have done the
ratification of the treaties formed by the United Nations
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Relation between human rights and environment
protection
Environmental preservation and human rights goes parallel to each other. They are correlated with each other and
reciprocally receptive as both of them are concerned with the welfare of the human race. Living in a safe and healthy
environment is a pre- requisite of the foundation of human rights. Many organizations do not agree with the
interrelatedness of these two aspects. It could be seen that the environmental disturbances are the results of human
oriented activities such as exploitation of natural resources, establishing number of industries, urbanization, increase
of population, global warming, ozone diminution, etc.
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Role of the European court in the implication of
human right provisions
In context to the judicature of the European Courts, environment protection was not at their priority. Their utmost
objective was the formation of the European Court of Human Rights(ECHR). In-spite of that, the court has reacted
positively to the concern of protection of the environment. It could be said. that the European court acts as a
preservator of the environment because it addresses certain rights such as, right to approach to environmental justice,
right to healthy and safe environment, right to information and involvement in environment related matters.
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Case Laws
The European Convention on Human rights has recognized the environmental protection by imbibing the right to live in a
healthy environment(Article 8 of the convention) as a matter of importance
Arrondelle vs. England(1980),
Baggs vs. England(1985)
Powell and Rayner vs. England
Lopez – Ostra vs. Spain(1994)
Tatar vs. Romania
Okyay vs. Turkey
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CONCLUSION
The following PPT concludes that the environment can be efficiently conserved through human rights. The
European Court determined the same in its contentions. Environmental protection and human rights are interrelated
and both goes hand in hand. Right to live with dignity includes right to safe and healthy environment. Mere animal
existence does not comprises right to life because it also demands a dignified and respectful livelihood.
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REFERENCES
'International Environmental Law' (obo, 2022) <https://www.oxfordbibliographies.com/view/document/obo-
9780199796953/obo-9780199796953-0052.xml> accessed 12 April 2022
(Home.iitk.ac.in, 2022) <http://home.iitk.ac.in/~anubha/H18.pdf> accessed 12 April 2022
Harrison J, 'Book Review: The Transformation Of International Environmental Law' (2019) 13 Environmental
Law Review
Harrison J, 'Significant International Environmental Law Cases: 2014–15' [2019] Journal of Environmental
Law
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