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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

  • 作者:
  • 出版商: Edward Elgar Publishing
  • ISBN: 9781802204285
  • 出版时间 September 2022
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only

List Price: ¥975.25

¥946.00 Save ¥29.25 (3%)

发货时间:大约 4-5 weeks
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  • 描述 
  • 大纲 
  • 详细

    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

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