Book contents
- The Human Right to a Healthy Environment
- The Human Right to a Healthy Environment
- Copyright page
- Contents
- Contributors
- Table of Cases
- Table of Treaties and Other International Instruments
- 1 Introduction
- 2 Catalyst for Change
- 3 Learning from Constitutional Environmental Rights
- 4 The Right to a Satisfactory, Healthy, and Sustainable Environment in the African Regional Human Rights System
- 5 The European Court of Human Rights and International Environmental Law
- 6 Complexities and Uncertainties in Matters of Human Rights and the Environment
- 7 Reasoning Up
- 8 In Search of a Right to a Healthy Environment in International Law
- 9 A Human Right to a Healthy Environment?
- 10 Quality Control of the Right to a Healthy Environment
- 11 The Politics of Human Rights, the Environment, and Climate Change at the Human Rights Council
- 12 The Malé Formulation of the Overarching Environmental Human Right
- 13 Human Rights in the Climate Change Regime
- 14 The Right to a Healthy Environment and Climate Change
- Bibliography
- Index
8 - In Search of a Right to a Healthy Environment in International Law
Jus Cogens Norms
Published online by Cambridge University Press: 08 June 2018
Book contents
- The Human Right to a Healthy Environment
- The Human Right to a Healthy Environment
- Copyright page
- Contents
- Contributors
- Table of Cases
- Table of Treaties and Other International Instruments
- 1 Introduction
- 2 Catalyst for Change
- 3 Learning from Constitutional Environmental Rights
- 4 The Right to a Satisfactory, Healthy, and Sustainable Environment in the African Regional Human Rights System
- 5 The European Court of Human Rights and International Environmental Law
- 6 Complexities and Uncertainties in Matters of Human Rights and the Environment
- 7 Reasoning Up
- 8 In Search of a Right to a Healthy Environment in International Law
- 9 A Human Right to a Healthy Environment?
- 10 Quality Control of the Right to a Healthy Environment
- 11 The Politics of Human Rights, the Environment, and Climate Change at the Human Rights Council
- 12 The Malé Formulation of the Overarching Environmental Human Right
- 13 Human Rights in the Climate Change Regime
- 14 The Right to a Healthy Environment and Climate Change
- Bibliography
- Index
Summary
Unlike the majority of social and political rights in many constitutions, the domestic codification of human rights to a healthy environment has not occurred on the back of international law that has foregrounded their domestic emergence. If one of the objectives of providing for such a right in international law is to encourage states to adopt a right to a healthy environment in domestic constitutions, it could be said that this objective has mostly been achieved, even in the absence of a single universally binding source of international law entrenching such a right. Is it then useful to continue the debate on an “international right to a healthy environment” if we accept its transnational domestic emergence and the unlikelihood of its emergence in the international law milieu? And if it is useful to continue the debate, how could we proceed? This chapter seeks to answer these questions by investigating alternative avenues for the possible existence or future emergence of an international right to a healthy environment by focusing on the existence or possible emergence of this right in the realm of jus cogens (peremptory norms).
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- The Human Right to a Healthy Environment , pp. 136 - 154Publisher: Cambridge University PressPrint publication year: 2018
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