Abstract This chapter traces the history of environmental rights over the past few decades, focusing on international and regional human rights instruments, as well as case law. It does so in the context of the environmental principles associated with environ-mental rights. It explores the meaning of a quality environment, and canvasses the distinction between procedural and substantive rights in the environmental realm. The work of the United Nations Special Rapporteur on the right to environment is covered. The constitutionalization and legislative enactment of the right to environ-ment are explored. The role of the courts in addressing environmental rights is briefly looked at. Research gaps are identified, and areas for further research are also set out. A global instrument on right to a quality environment is promoted. A bibliography is included.
Jamie Benidickson, Ben Boer, Antonio Herman Benjamin and Karen Morrow
Edited by Jamie Benidickson, Ben Boer, Antonio Herman Benjamin and Karen Morrow
This book examines the development of environmental law in the period since the ground-breaking 1992 United Nations Conference on Environment and Development or ‘Earth Summit’ in Rio de Janeiro.