Developing substantive environmental rights

Abstract

Human rights tribunals facing claims of violations stemming from environmental degradation are increasingly incorporating and applying national and international environmental standards to assess whether or not the government in question has complied with its legal obligations. The government is required to comply with whatever environmental laws it has enacted as well as treaties to which it is a party. Furthermore the tribunals will assess, albeit with considerable deference, whether or not the environmental laws set the level of protection too low to allow the enjoyment of guaranteed human rights, in some instances drawing on the precautionary principle and other concepts from environmental law.

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