Book contents
- Environmental Rights
- Environmental Rights
- Copyright page
- Contents
- Contributors
- Foreword
- Preface and Acknowledgements
- Abbreviations
- Table of Cases, Communications and Advisory Opinions
- Table of Treaties
- Table of International Declarations, Resolutions, Guidelines and Standard Setting Instruments
- Table of European Union Directives
- 1 Introduction: A Brief History of Environmental Rights and the Development of Standards
- 2 Environmental Rights and International Human Rights Covenants: What Standards Are Relevant?
- 3 The ECHR, Environment-Based Human Rights Claims and the Search for Standards
- 4 The American Convention on Human Rights and Environmental Rights Standards
- 5 The African Charter on Human and Peoples’ Rights and Environmental Rights Standards
- 6 The Aarhus Convention: Standards for Access to Justice in Environmental Matters
- 7 The Emergence of Standards regarding the Right of Access to Water and Sanitation
- 8 Standards in the Procedural Rights of Multilateral Environmental Agreements
- 9 A Stock-Taking of FPIC Standards in International Environmental Law
- 10 Environmental Standards and the Right to Life in India: Regulatory Frameworks and Judicial Enterprise
- 11 Environmental Standards in the Portuguese Constitution
- 12 The Argentine Constitution and Its Relationship with Environmental Standards
- 13 The South African Constitution – Standards of Environmental Protection
- 14 The French Charter of the Environment and Standards of Environmental Protection
- 15 The Constitution of Bhutan: A Quantitative Environmental Standard
- 16 The Rights of Nature: Guiding Our Responsibilities through Standards
- 17 Standards in Subnational Environmental Constitutionalism
- 18 Conclusion: Analysing the Development of Standards in the Field of Environmental Rights
- Index
9 - A Stock-Taking of FPIC Standards in International Environmental Law
Published online by Cambridge University Press: 09 May 2019
Book contents
- Environmental Rights
- Environmental Rights
- Copyright page
- Contents
- Contributors
- Foreword
- Preface and Acknowledgements
- Abbreviations
- Table of Cases, Communications and Advisory Opinions
- Table of Treaties
- Table of International Declarations, Resolutions, Guidelines and Standard Setting Instruments
- Table of European Union Directives
- 1 Introduction: A Brief History of Environmental Rights and the Development of Standards
- 2 Environmental Rights and International Human Rights Covenants: What Standards Are Relevant?
- 3 The ECHR, Environment-Based Human Rights Claims and the Search for Standards
- 4 The American Convention on Human Rights and Environmental Rights Standards
- 5 The African Charter on Human and Peoples’ Rights and Environmental Rights Standards
- 6 The Aarhus Convention: Standards for Access to Justice in Environmental Matters
- 7 The Emergence of Standards regarding the Right of Access to Water and Sanitation
- 8 Standards in the Procedural Rights of Multilateral Environmental Agreements
- 9 A Stock-Taking of FPIC Standards in International Environmental Law
- 10 Environmental Standards and the Right to Life in India: Regulatory Frameworks and Judicial Enterprise
- 11 Environmental Standards in the Portuguese Constitution
- 12 The Argentine Constitution and Its Relationship with Environmental Standards
- 13 The South African Constitution – Standards of Environmental Protection
- 14 The French Charter of the Environment and Standards of Environmental Protection
- 15 The Constitution of Bhutan: A Quantitative Environmental Standard
- 16 The Rights of Nature: Guiding Our Responsibilities through Standards
- 17 Standards in Subnational Environmental Constitutionalism
- 18 Conclusion: Analysing the Development of Standards in the Field of Environmental Rights
- Index
Summary
With its roots in the international human rights law, free prior and informed consent (FPIC) is now integrated within the environmental law regime. The cross-fertilisation of FPIC standards from human rights laws to environmental laws is evident in the substantive as well as procedural elements of FPIC. This chapter examines the scope and the application of standards evolved within the Biodiversity and Climate Change regime with particular reference to the challenges brought forward by REDD+ and benefit-sharing activities. The chapter argues that the infusion of FPIC into environmental law brings the flavour of human rights law into the environmental regime, and there is an obligation on States to implement FPIC standards in environmental law. It outlines the FPIC related standards within the biodiversity and climate change regime and illustrates how detailed safeguards agreed at the international level play an important part in ensuring that FPIC contributes to, rather than undermines, environmental protection.
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- Environmental RightsThe Development of Standards, pp. 195 - 221Publisher: Cambridge University PressPrint publication year: 2019
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