ABSTRACT

This chapter considers the topic of international human rights and its role in protection of the environment. The first objective of this chapter is to consider whether a human right in respect of the environment currently exists under international law. Can such a right be derived from existing human rights or is it a recognised norm of customary international law? What evidence is there that an environmental right might soon emerge as a norm of international law? The second objective is to consider some of the current trends and issues surrounding an environmental human right. For example, should a new and distinct environmental human right be declared or is it preferable to develop existing human rights to include a standard of environmental protection? How might a human right be formulated to address the problem of global environmental degradation? Consideration of these issues is vital to achievement of the third objective which is to assess the advantages and limitations of a human right as a tool for protection of the global environment.