Article

Environmental Rights

John G. Merrills

in The Oxford Handbook of International Environmental Law

Published in print August 2008 | ISBN: 9780199552153
Published online September 2012 | | DOI: http://dx.doi.org/10.1093/oxfordhb/9780199552153.013.0028

Series: Oxford Handbooks in Law

Environmental Rights

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The relation between the environment and human rights has led to considerable interest in the subject of ‘environmental rights’ – which raises the possibility of formulating claims relating to the environment in terms of human rights. As well as the case law concerned with certain human rights, we therefore find environmental treaties with provisions on freedom of information and similar guarantees and, at the most general level, a discussion of the advantages of adding a broad ‘right to environment’ to the list of traditional human rights. This article discusses the value of rights, the rights we have, who can have rights, issues of determinacy and consistency, who bears the corresponding obligations, the content of rights, the relationship between different rights, and legal rights and moral rights.

Keywords: environment; human rights; environmental rights; case law; environmental treaties; determinacy; consistency; legal rights; moral rights

Article.  8513 words. 

Subjects: Law ; International Law ; Environment and Energy Law

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