Chapter

The Case for a Human Right to an Adequate Environment

Tim Hayward

in Constitutional Environmental Rights

Published in print December 2004 | ISBN: 9780199278688
Published online July 2005 | e-ISBN: 9780191602757 | DOI: http://dx.doi.org/10.1093/0199278687.003.0002
The Case for a Human Right to an Adequate Environment

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Argues that a right to an adequate environment is a genuine human right. After indicating the scope of the right, it defends this proposition against sceptical counterarguments. Clarifies how the question of its genuineness includes both moral and legal considerations. Regarding the moral case, it shows that the right to an adequate environment meets each test of genuineness that can reasonably be proposed. Regarding the status of the right in international law, it suggests there is sufficient evidence to claim that the right is in the process of emergence internationally, and that its further consolidation can reasonably be expected.

Keywords: duties; human rights; international law; legal rights; moral rights; right to an adequate environment

Chapter.  13312 words. 

Subjects: Political Theory

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