{"title":"The Nature, Content and Realisation of the Right to a Clean, Healthy and Sustainable Environment","authors":"Brian J Preston","doi":"10.1093/jel/eqae011","DOIUrl":null,"url":null,"abstract":"\n The right to a clean, healthy and sustainable environment is being increasingly adopted internationally and nationally. Nevertheless, there remains ambiguity regarding what the right and the correlative duty to protect the right entail. This article examines the nature, content and realisation of the right. The nature of the right is suggested to be a cluster of rights, including civil and political rights, economic, social and cultural rights and other rights. The content of the right has at least three components: substantive, procedural and intertemporal. Realisation of the right depends on the correlative duty to respect, protect and fulfil the right. The content of the duty includes specific obligations to achieve the inviolable element of the right, the minimum core obligations and the progressive realisation of that right using maximum available resources. In this way, the article suggests a conceptual framework that can guide states in better realising the right.","PeriodicalId":46437,"journal":{"name":"Journal of Environmental Law","volume":null,"pages":null},"PeriodicalIF":2.0000,"publicationDate":"2024-05-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of Environmental Law","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.1093/jel/eqae011","RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"ENVIRONMENTAL STUDIES","Score":null,"Total":0}
引用次数: 0
Abstract
The right to a clean, healthy and sustainable environment is being increasingly adopted internationally and nationally. Nevertheless, there remains ambiguity regarding what the right and the correlative duty to protect the right entail. This article examines the nature, content and realisation of the right. The nature of the right is suggested to be a cluster of rights, including civil and political rights, economic, social and cultural rights and other rights. The content of the right has at least three components: substantive, procedural and intertemporal. Realisation of the right depends on the correlative duty to respect, protect and fulfil the right. The content of the duty includes specific obligations to achieve the inviolable element of the right, the minimum core obligations and the progressive realisation of that right using maximum available resources. In this way, the article suggests a conceptual framework that can guide states in better realising the right.
期刊介绍:
Condensing essential information into just three issues a year, the Journal of Environmental Law has become an authoritative source of informed analysis for all those who have any dealings in this vital field of legal study. It exists primarily for academics and legal practitioners, but should also prove accessible for all other groups concerned with the environment, from scientists to planners. The journal offers major articles on a wide variety of topics, refereed and written to the highest standards, providing innovative and authoritative appraisals of current and emerging concepts, policies, and practice. It includes: -An analysis section, providing detailed analysis of current case law and legislative and policy developments -An annual review of significant UK, European Court of Justice, and international law cases -A substantial book reviews section