Towards the Environmental Minimum
Environmental Protection through Human Rights

A practical human rights approach strengthens environmental protection without requiring radical departures from established protection regimes and legal principles.

Stefan Theil (Author)

9781108835145, Cambridge University Press

Hardback, published 9 September 2021

416 pages
23.5 x 15.8 x 2.5 cm, 0.63 kg

Pervasive environmental harm that disproportionately impacts vulnerable members of society is left largely unregulated across the globe despite existing legal commitments to human rights and environmental protection in many states. To address this shortcoming, Stefan Theil proposes a new normative framework for environmental protection through human rights law. In clear and accessible prose, he demonstrates how such a human rights-based approach can strengthen environmental protection without requiring radical departures from established protection regimes and legal principles. The environmental minimum developed in the book translates the general and abstract commitments of states into specific and practical measures that protect the environment. The framework develops the doctrine of international, regional, and domestic courts, analysed through an innovative approach that improves contextual awareness. This book is thus a valuable resource for lawyers, social scientists, political theorists, environmental and human rights advocates.

1. Introduction
Part I. Introducing the Environmental Minimum: 2. Environmental human rights
3. The environmental minimum
Part II. The Environmental Minimum under the ECHR: 4. Specific risk principle
5. Reasonable hypothesis
6. Minimum standards
7. High priority
Part III. Beyond the European Convention: 8. International protection regimes
9. Environmental constitutionalism
Part IV. Beyond Human Rights Law: 10. Environmental regulation
11. International environmental law
12. Conclusion and outlook.

Subject Areas: Constitutional & administrative law [LND], International environmental law [LBBP], Law [L], Human rights [JPVH], Political science & theory [JPA], Society & social sciences [J]