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The Right to a Healthy Environment and the Global South

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Abstract

This essay explores the implications of the right to a healthy environment for the long-standing criticisms of international human rights law as a project and product of the Global North. It examines the Southern origins of the right to a healthy environment and its interpretations in regional human rights tribunals. The essay analyzes the responses offered by this evolving jurisprudence to various objections to human rights-based approaches to environmental protection. These include the human rights-based framework’s individualism, anthropocentrism, failure to address transboundary harm, and failure to challenge the economic law instruments that perpetuate environmental degradation.
Original languageAmerican English
JournalAJIL Unbound
Volume117
DOIs
StatePublished - Jul 31 2023

Keywords

  • human rights
  • right to a healthy environment
  • TWAIL
  • Global South
  • African Charter on Human and Peoples’ Rights
  • American Convention on Human Rights
  • Inter-American Court of Human Rights
  • anthropocentrism
  • collective human rights
  • transboundary harm
  • extraterritoriality
  • intergenerational equity

Disciplines

  • Law
  • Environmental Law
  • Human Rights Law

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