Environmental rights or a right to the environment? Exploring the nexus between human rights and environmental protection.
Lewis, Bridget (2012) Environmental rights or a right to the environment? Exploring the nexus between human rights and environmental protection. Macquarie Journal of International and Comparative Environmental Law, 8(1), pp. 36-47.
The importance of the environment to the fulfilment of human rights is widely accepted at international law. What is less well-accepted is the proposition that we, as humans, possess rights to the environment beyond what is necessary to support our basic human needs. The suggestion that a human right to a healthy environment may be emerging at international law raises a number of theoretical and practical challenges for human rights law, with such challenges coming from both within and outside the human rights discourse. It is argued that human rights law can make a positive contribution to environmental protection, but the precise nature of the connection between the environment and human rights warrants more critical analysis. This short paper considers the different ways that the environment is conceptualised in international human rights law and analyses the proposition that a right to a healthy environment is emerging. It identifies some of the challenges which would need to be overcome before such a right could be recognised, including those which draw on the disciplines of deep ecology and earth jurisprudence.
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|Item Type:||Journal Article|
|ISSN:||2200-3088 (online) 1448-8345 (print)|
|Subjects:||Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Human Rights Law (180114)|
|Divisions:||Current > QUT Faculties and Divisions > Faculty of Law|
Current > Schools > School of Law
|Copyright Owner:||Copyright 2012 The authors and Macquarie Journal of International and Comparative Environmental Law.|
|Copyright Statement:||Copyright of articles and other contributions published in the Macquarie Journal of International and Comparative Environmental Law is vested in the journal and its contributors. Apart from any fair dealing for the purposes of private study, research, criticism or review as permitted under the Copyright Act, no part may be reproduced by any process without written permission. Inquiries should be directed to the Editors.|
|Deposited On:||08 Oct 2012 08:36|
|Last Modified:||10 Oct 2012 14:20|
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