Full Description
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.
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
