International human rights in an environmental horizon
European Journal of International Law, 2010, Vol. 21, No. 1, pp. 41-55
FRANCIONI, Francesco, International human rights in an environmental horizon, European Journal of International Law, 2010, Vol. 21, No. 1, pp. 41-55 - http://hdl.handle.net/1814/15944
Retrieved from Cadmus, EUI Research Repository
This paper argues that, in spite of recent judicial practice contributing to the integration of environmental considerations in human rights adjudication, progress in this field remains limited. This is so because of the prevailing ‘individualistic’ perspective in which human rights courts place the environmental dimension of human rights. This results in a reductionist approach which is not consistent with the inherent nature of the environment as a public good indispensable for the life and welfare of society as a whole. The article, rather than advocating the recognition of an independent right to a clean environment, presents a plea for a more imaginative approach based on the consideration of the collective-social dimension of human rights affected by environmental degradation.
Cadmus permanent link: http://hdl.handle.net/1814/15944
Full-text via DOI: 10.1093/ejil/chq019
ISSN: 1464-3596; 0938-5428
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