The Right to a Healthy Environment as a Catalyst for the Codification of the Crime of Ecocide

Abstract

This essay explores some of the reasons why the recognition by the UN General Assembly of the human right to a healthy environment could catalyze the codification of ecocide as a crime under international law. It argues that even though the two concepts fall within distinct areas of international law, their potential for a synergistic interaction derives from the right's rhetorical and normative aspects. The right's rhetorical dimension refers to the communicative value derived from phrasing calls for responsive action in the language of rights, while the right's normative dimension alludes to its legal or juridical character.