Environmental Rights
The Development of Standards

A comprehensive and systematic guide to environmental rights and their relationship with standards of protection globally, nationally and locally.

Stephen J. Turner (Edited by), Dinah L. Shelton (Edited by), Jona Razzaque (Edited by), Owen McIntyre (Edited by), James R. May (Edited by)

9781108711746, Cambridge University Press

Paperback / softback, published 19 May 2022

453 pages
22.9 x 15.2 x 2.3 cm, 0.604 kg

'The emergence of environmental rights in the international legal landscape reflects growing awareness of the serious environmental stresses confronting our planet. The essays in this collection make a valuable contribution to understanding how environmental rights have been translated into standards that set out more specific levels of protection. Ultimately, this process of translation and specification of environmental rights is key to their actual application and relevance.' Marcos A. Orellana, Director of Environment and Human Rights Division, Human Rights Watch, and George Washington University

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 forty-five 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.

1. Introduction: a brief history of environmental rights and the development of standards Stephen J. Turner
2. Environmental rights and international human rights covenants: what standards are relevant? Sumudu Attapatu
3. The ECHR, environment-based human rights claims and the search for standards Karen Morrow
4. The American Convention on Human Rights and environmental rights standards Evadné Grant
5. The African Charter on Human and Peoples' Rights and environmental rights standards Louis Kotzé and Anél du Plessis
6. The Aarhus Convention: standards for access to justice in environmental matters Áine Ryall
7. The emergence of standards regarding the right of access to water and sanitation Owen McIntyre
8. Standards in the procedural rights of multilateral environmental agreements Lara Ognibene and Angela Kariuki
9. A stock-taking of FPIC standards in international environmental law Jona Razzaque
10. Environmental standards and the right to life in India: regulatory frameworks and judicial enterprise Gitanjali N. Gill
11. Environmental standards in the Portuguese Constitution Alexandra Aragão
12. The Argentinean Constitution and its relationship with environmental standards Silvia Nonna
13. The South African Constitution – Standards of Environmental Protection Nathan J. Cooper
14. The French Charter of the Environment and Standards of Environmental Protection David Marrani and Stephen J. Turner
15. The Constitution of Bhutan: a quantitative environmental standard Stephen J. Turner
16. The rights to nature: guiding our responsibilities through standards Craig Kauffman and Linda Sheehan
17. Standards in sub-national environmental constitutionalism Erin Daly and James R. May
18. Conclusion: analyzing the development of standards in the field of environmental rights Stephen J. Turner.

Subject Areas: Environmental monitoring [TQD], The environment [RN], Environment law [LNKJ], International organisations & institutions [LBBU], International human rights law [LBBR], International environmental law [LBBP], Law [L], Environmental economics [KCN], Human rights [JPVH], International relations [JPS]