Hardback
Human Rights and the Planet
The Future of Environmental Human Rights in the European Court of Human Rights
9781802204285 Edward Elgar Publishing
Adopted in the aftermath of the Second World War and implemented as a ‘living instrument’, the European Convention on Human Rights has, over the past 70 years, shown remarkable adaptability to changing circumstances through the evolutive jurisprudence of the European Court of Human Rights. While the Court has already demonstrated its willingness to address new challenges to human rights arising from environmental damage and climate change, growing scientific evidence and mounting public demand for action have accelerated the need for more fundamental engagement. This timely book – also a Special Issue of the Journal of Human Rights and the Environment – brings into sharp relief the specific challenges faced by the Court in addressing the human rights impacts of the interlocking environmental and climate crises.
More Information
Critical Acclaim
Contributors
Contents
More Information
Adopted in the aftermath of the Second World War and implemented as a ‘living instrument’, the European Convention on Human Rights has, over the past 70 years, shown remarkable adaptability to changing circumstances through the evolutive jurisprudence of the European Court of Human Rights. While the Court has already demonstrated its willingness to address new challenges to human rights arising from environmental damage and climate change, growing scientific evidence and mounting public demand for action have accelerated the need for more fundamental engagement. This timely book – also a Special Issue of the Journal of Human Rights and the Environment – brings into sharp relief the specific challenges faced by the Court in addressing the human rights impacts of the interlocking environmental and climate crises.
Leading scholars and practitioners, including the President of the European Court of Human Rights, provide important insights into current thinking about environmental human rights in different jurisdictions and ways in which the European Court could adapt its principles and practice in light of the evolving international environmental human rights corpus iuris.
Drawing together theoretical insights and practice-led commentary, the contributions to this important book will be of interest to human rights and environmental law scholars, practitioners, students and policy makers.
Leading scholars and practitioners, including the President of the European Court of Human Rights, provide important insights into current thinking about environmental human rights in different jurisdictions and ways in which the European Court could adapt its principles and practice in light of the evolving international environmental human rights corpus iuris.
Drawing together theoretical insights and practice-led commentary, the contributions to this important book will be of interest to human rights and environmental law scholars, practitioners, students and policy makers.
Critical Acclaim
‘This visionary Special Issue articulates the path forward for a rights-based approach to tackling the global environmental crisis. As the clock approaches midnight, this superb volume identifies the transformative changes urgently needed to achieve just and sustainable societies. Essential reading for anyone concerned about human rights and the future of life on Earth.’
– David Boyd, UN Special Rapporteur on human rights and the environment
‘This Special Issue of the Journal of Human Rights and the Environment entitled Human Rights and the Planet is a very timely adjunct to the UN General Assembly’s recent resolution recognising the right to a clean, healthy and sustainable environment as a human right. The Issue includes the Strasbourg Principles of International Environmental Human Rights Law, which provide a strong foundational reference for legal obligations in this contested area of law. Hopefully these principles will evolve to include the protection of Indigenous and environmental rights defenders and a stronger basis for intergenerational justice.’
– Ian Fry, Special Rapporteur on the promotion and protection of human rights in the context of climate change
‘This Special Issue of the Journal of Human Rights and the Environment constitutes a valuable contribution for experts in environmental law and human rights in their desire to study and to evolve the virtuous circle that constitutes a definitive symbiosis of these two disciplines in the defence of the environment and in response to the need to energetically confront the problem of climate change and environmental degradation.’
– Néstor Cafferatta, Lawyer and Environmental Secretary, Supreme Court of Justice of Argentina and Professor of Environmental Law, University of Buenos Aires, Argentina
‘Can a universal, recognised and enforceable right to a safe, clean, healthy and sustainable environment save the world’s environment and tackle the climate crisis? What can or should the European Court of Human Rights do while awaiting such a global binding legal instrument? These are the main questions addressed from different angles in the contributions to this Special Issue of the Journal of Human Rights and the Environment as a follow-up to the conference “Human Rights for the Planet” held in 2020 at the European Court of Human Rights in Strasbourg. A must read!’
– Luc Lavrysen, President of the Constitutional Court of Belgium, President of the European Union Forum of Judges for the Environment (EUFJE)
‘Climate change and environmental degradation are at present the greatest, most pervasive threats to human rights. This Special Issue provides a nuanced picture of the role of the European Court of Human Rights in addressing these threats, highlighting challenges but also opportunities to ensure that the Court continues to live up to its mandate — and contributes to turning the tide.’
– Margaretha Wewerinke-Singh, Leiden University, the Netherlands and University of the South Pacific
– David Boyd, UN Special Rapporteur on human rights and the environment
‘This Special Issue of the Journal of Human Rights and the Environment entitled Human Rights and the Planet is a very timely adjunct to the UN General Assembly’s recent resolution recognising the right to a clean, healthy and sustainable environment as a human right. The Issue includes the Strasbourg Principles of International Environmental Human Rights Law, which provide a strong foundational reference for legal obligations in this contested area of law. Hopefully these principles will evolve to include the protection of Indigenous and environmental rights defenders and a stronger basis for intergenerational justice.’
– Ian Fry, Special Rapporteur on the promotion and protection of human rights in the context of climate change
‘This Special Issue of the Journal of Human Rights and the Environment constitutes a valuable contribution for experts in environmental law and human rights in their desire to study and to evolve the virtuous circle that constitutes a definitive symbiosis of these two disciplines in the defence of the environment and in response to the need to energetically confront the problem of climate change and environmental degradation.’
– Néstor Cafferatta, Lawyer and Environmental Secretary, Supreme Court of Justice of Argentina and Professor of Environmental Law, University of Buenos Aires, Argentina
‘Can a universal, recognised and enforceable right to a safe, clean, healthy and sustainable environment save the world’s environment and tackle the climate crisis? What can or should the European Court of Human Rights do while awaiting such a global binding legal instrument? These are the main questions addressed from different angles in the contributions to this Special Issue of the Journal of Human Rights and the Environment as a follow-up to the conference “Human Rights for the Planet” held in 2020 at the European Court of Human Rights in Strasbourg. A must read!’
– Luc Lavrysen, President of the Constitutional Court of Belgium, President of the European Union Forum of Judges for the Environment (EUFJE)
‘Climate change and environmental degradation are at present the greatest, most pervasive threats to human rights. This Special Issue provides a nuanced picture of the role of the European Court of Human Rights in addressing these threats, highlighting challenges but also opportunities to ensure that the Court continues to live up to its mandate — and contributes to turning the tide.’
– Margaretha Wewerinke-Singh, Leiden University, the Netherlands and University of the South Pacific
Contributors
Contributors: Jorge Calderón-Gamboa, Monica Feria-Tinta, Evadne Grant, Natalia Kobylarz, Irmina Kotiuk, Julie Diane Recinos, Ugo Taddei, Christina Voigt, Adam Weiss
Contents
Contents:
Editorial
Human Rights the Planet: the future of environmental human rights in the
European Court of Human Rights
Natalia Kobylarz and Evadne Grant 1
Articles
Interview: P Sands (PS) in conversation with R Spano (RS) – 8 July 2021 6
Balancing its way out of strong anthropocentrism: integration of
‘ecological minimum standards’ in the European Court of Human Rights’
‘fair balance’ review
Natalia Kobylarz 16
Inter-American approaches to the protection of the right to a healthy
environment and the Rights of Nature and potential contributions to the
European human rights system
Jorge Calderón-Gamboa and Julie Diane Recinos 86
Does the European Convention on Human Rights guarantee a human right
to clean and healthy air? Litigating at the nexus between human rights and
the environment – the practitioners’ perspective
Irmina Kotiuk, Adam Weiss and Ugo Taddei 122
The climate change dimension of human rights: due diligence and states’
positive obligations
Christina Voigt 152
The future of environmental cases in the European Court of Human Rights:
extraterritoriality, victim status, treaty interpretation, attribution, imminence
and ‘due diligence’ in climate change cases
Monica Feria-Tinta 172
The Strasbourg Principles of International Environmental Human Rights
Law – 2022 195
Editorial
Human Rights the Planet: the future of environmental human rights in the
European Court of Human Rights
Natalia Kobylarz and Evadne Grant 1
Articles
Interview: P Sands (PS) in conversation with R Spano (RS) – 8 July 2021 6
Balancing its way out of strong anthropocentrism: integration of
‘ecological minimum standards’ in the European Court of Human Rights’
‘fair balance’ review
Natalia Kobylarz 16
Inter-American approaches to the protection of the right to a healthy
environment and the Rights of Nature and potential contributions to the
European human rights system
Jorge Calderón-Gamboa and Julie Diane Recinos 86
Does the European Convention on Human Rights guarantee a human right
to clean and healthy air? Litigating at the nexus between human rights and
the environment – the practitioners’ perspective
Irmina Kotiuk, Adam Weiss and Ugo Taddei 122
The climate change dimension of human rights: due diligence and states’
positive obligations
Christina Voigt 152
The future of environmental cases in the European Court of Human Rights:
extraterritoriality, victim status, treaty interpretation, attribution, imminence
and ‘due diligence’ in climate change cases
Monica Feria-Tinta 172
The Strasbourg Principles of International Environmental Human Rights
Law – 2022 195
