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Erin Daly and James R May

Contents VII.12.1 Introduction VII.12.2 The indivisibility of human rights VII.12.3 The indivisibility of environmental human rights VII.12.4 The challenges of indivisibility VII.12.5 Conclusion VII.12.1 Introduction Human rights are inextricably intertwined. They exist side-by-side and through association with other rights. Civil and political rights such as the right to vote and participate in the political process would be meaningless, if not motionless, without associated participatory rights such as those to speak, assemble

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Peter D. Burdon

JOBNAME: Grear PAGE: 3 SESS: 4 OUTPUT: Fri May 29 13:16:18 2015 5. Environmental human rights: a constructive critique Peter D. Burdon* 1. INTRODUCTION In the last sixty years, human rights have become the international moral currency and ‘umbrella’ under which all kinds of justice claims are articulated. Since the 1972 United Nations Conference on the Human Environment (the Stockholm Conference) human rights have also been used as both a legal tool and moral discursive strategy for protecting human health and well-being.1 The extension of human rights to the

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Chetna Malviya and Ricardo Libel Waldman

Contents VII.18.1 Introduction VII.18.2 The waking hours of sustainability: a historical review VII.18.3 Sustainable provisions: the challenges of duties and rights VII.18.4 Opportunities between sustainability and environmental human rights: the Sustainable Development Goals VII.18.5 Conclusion VII.18.1 Introduction Sustainability is a difficult notion to define; it has changed over time, and it varies according to whether it is being conceived by economists, explained by scientists or oriented by politicians. It is a global

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Ole W Pedersen

Contents VII.35.1 Introduction VII.35.2 Adjudicating environmental rights before the ECtHR VII.35.3 Provisions of the Convention interpreted to recognise environmental rights VII.35.4 The importance of the margin of appreciation VII.35.5 Content of the core obligations VII.35.6 Juridical influences VII.35.7 Conclusion VII.35.1 Introduction In the context of a regional analysis of human rights and the protection of environmental rights, the European human rights system, as propagated in the European Convention on Human

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Environmental and human rights concerns

Bulk Fresh Water, Irrigation Subsidies and Virtual Water

Fitzgerald Temmerman

The Political Economy of Status 2.    Environmental and human rights concerns As compared to trade in bottled water, which is not completely free from criticism with regard to the environment and human rights, 253 trade in bulk fresh water could cause multiplied damages to the environment, and to the middle- and long-term water-security of local people. Moreover, trade in bulk fresh water could increasingly become subject to hedge funds and stock-exchange speculation. 254 The current ongoing and controversial discussion on the

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Klaus Bosselmann

JOBNAME: Grear PAGE: 1 SESS: 4 OUTPUT: Fri May 29 13:16:18 2015 24. Environmental and human rights in ethical context Klaus Bosselmann 1. INTRODUCTION An overview of international law illustrates that there is increasing legal recognition of the idea that environmental degradation can result in deprivation of existing human rights. Furthermore, there is also increased awareness that mere recognition of such deprivations is not enough to promote and secure a healthy environment. To this end, a distinct human right to a healthy environment has now been

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Marie-Catherine Petersmann

Contents VII.21.1 Introduction VII.21.2 Looking through a kaleidoscope: a synergistic frame for the environment and human rights VII.21.3 Re-adjusting the frame: when environmental protection and human rights collide VII.21.4 Reconciling the tensions: balancing competing interests VII.21.5 Conclusion VII.21.1 Introduction This chapter assesses the conflicts of norms that exist between environmental protection laws and human rights. While the benefits of environmental protection on human living conditions are well documented

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Naysa Ahuja, Carl Bruch, Arnold Kreilhuber, Elizabeth Maruma Mrema and John Pendergrass

Contents VII.1.1 Introduction VII.1.2 Framing environmental rule of law VII.1.3 Key components of environmental rule of law VII.1.4 Substantive and procedural human rights VII.1.5 Linkages between human rights and environmental rule of law VII.1.6 Implementation and enforcement gap VII.1.7 Building capacities and policies VII.1.7.1 Clear and appropriate mandates VII.1.7.2 Collection and use of reliable data VII.1.7.3 Independent audits and institutional reviews VII.1.7.4 Coordination across sectors and

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Kate Donald

JOBNAME: Grear PAGE: 3 SESS: 6 OUTPUT: Thu Jun 18 15:03:14 2015 7. Human rights practice: a means to environmental ends? Kate Donald * 1. INTRODUCTION The symbiotic relationship between enjoyment of human rights and environmental quality is now well established.1 Although until recently the human rights and environmental movements operated largely in isolation from each other, relationships of cooperation and collaboration are growing. There is now a strong current within international human rights organisations, institutions and mechanisms to incorporate

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Conor Gearty

1 The case for hindrance For many detached observers, the immediate response to the question our title poses would be that of course human rights hinder environmental protection. They would note as being quite natural and understandable the fact that supporters of progressive forces are invariably loath to acknowledge that there are any fundamental differences between their various causes, regardless of how different their campaigns for change appear to be. But even allowing for such intuitive solidarity, they would wonder how in this particular case such