Environmental Rights: The Development of Standards

Environmental Rights: The Development of Standards
Product ISBN: 9781108482240
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Environmental Rights: The Development of Standards

Environmental rights, also known as the human rights or constitutional rights that are used for the protection of the environment, have proliferated over the last 45 years. However, the precise levels of protection that they represent has since been a major question associated with this phenomenon. Environmental Rights: The Development of Standards systematically investigates this question by analyzing the emerging standards of environmental protection that are associated with such rights and the way that those associations are becoming formalized. It covers all of the relevant human rights treaties to illustrate how environmental rights standards are emerging in this dynamic area. Bringing together an elite group of scholars, this book discusses significant new insights into the way that environmental rights are developing, the standards of protection that they confer, and the way that standards in the field of environmental rights can potentially be further developed in the future.

  • The first book to comprehensively analyze the development of standards in the field of environmental rights
  • Assists in understanding the precise content of environmental rights and what standard of protection they afford rights holders in practice
  • Provides a historical account of the way that environmental rights have developed

 

1. Introduction: a brief history of environmental rights and the development of standards 
 

2. Environmental rights and international human rights covenants: what standards are relevant?
 

3. The ECHR, environment-based human rights claims and the search for standards 
 

4. The American Convention on Human Rights and environmental rights standards
 

5. The African Charter on Human and Peoples' Rights and environmental rights standards 

6. The Aarhus Convention: standards for access to justice in environmental matters 

7. The emergence of standards regarding the right of access to water and sanitation 

8. Standards in the procedural rights of multilateral environmental agreements

9. A stock-taking of FPIC standards in international environmental law 

10. Environmental standards and the right to life in India: regulatory frameworks and judicial enterprise 

11. Environmental standards in the Portuguese Constitution

12. The Argentinean Constitution and its relationship with environmental standards 

13. The South African Constitution – Standards of Environmental Protection 

14. The French Charter of the Environment and Standards of Environmental Protection 

15. The Constitution of Bhutan: a quantitative environmental standard

16. The rights to nature: guiding our responsibilities through standards

17. Standards in sub-national environmental constitutionalism

18. Conclusion: analyzing the development of standards in the field of environmental rights