Towards the Environmental Minimum
Pervasive environmental harm that disproportionately impacts vulnerable members of society is left largely unregulated across the globe despite existing legal commitments to human rights and environmental protection in many states. To address this shortcoming, Stefan Theil proposes a new normative framework for environmental protection through human rights law. In clear and accessible prose, he demonstrates how such a human rights-based approach can strengthen environmental protection without requiring radical departures from established protection regimes and legal principles. The environmental minimum developed in the book translates the general and abstract commitments of states into specific and practical measures that protect the environment. The framework develops the doctrine of international, regional, and domestic courts, analysed through an innovative approach that improves contextual awareness. This book is thus a valuable resource for lawyers, social scientists, political theorists, environmental and human rights advocates.
- Argues that a human rights-based framework can strengthen environmental protections
- Explores why pervasive and worldwide environmental harm is left largely unregulated despite commitments to human rights
- Explores all major international and regional protection regimes, including Germany and South Africa as two models for constitutional commitments to environmental protection
Product details
September 2021Hardback
9781108835145
416 pages
235 × 158 × 25 mm
0.63kg
Available
Table of Contents
- 1. Introduction
- Part I. Introducing the Environmental Minimum:
- 2. Environmental human rights
- 3. The environmental minimum
- Part II. The Environmental Minimum under the ECHR:
- 4. Specific risk principle
- 5. Reasonable hypothesis
- 6. Minimum standards
- 7. High priority
- Part III. Beyond the European Convention:
- 8. International protection regimes
- 9. Environmental constitutionalism
- Part IV. Beyond Human Rights Law:
- 10. Environmental regulation
- 11. International environmental law
- 12. Conclusion and outlook.