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Human Rights and the Planet: The Future of Environmental Human Rights in the European Court of Human Rights

Human Rights and the Planet: The Future of Environmental Human Rights in the European Court of Human Rights

Author: Natalia Kobylarz; Evadne Grant
Publisher: Edward Elgar Publishing
ISBN: 9781802204285
Published In: September 2022
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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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.

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