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 language | American English |
|---|---|
| Journal | AJIL Unbound |
| Volume | 117 |
| DOIs | |
| State | Published - 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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