The Relevance of a Globally Recognised Rights-based Approach to Environmental Protection

Lu Man

doi:10.54097/49c9sy55

Authors

Lu Man

DOI:

https://doi.org/10.54097/49c9sy55

Keywords:

Right Based Approach, Environmental Protection, Law

Abstract

A rights-based approach is an international framework centered on the promotion and protection of human rights consistent with international human rights standards. Since the United Nations General Assembly in Stockholm in 1972 first linked human rights and environmental protection, there has been a growing tendency to include rights-based guarantees in environmental protection topics. After more than a decade of judicial practice in environmental protection, rights-based environmental litigation has become more and more evident. On this basis, a human rights-based approach has been put forward to address the issue in a way that is shared between “government” and “businesses”. The human rights-based approach is of great significance to environmental protection and sustainable environmental development, and the relationship between the two is also of value for research.

Downloads

Download data is not yet available.

References

[1] Conference of the Parties, Adoption of the Paris Agreement, UN Doc FCCC/CP/2015/L9/Rev/1 (12 December 2015).

[2] HRC (18 October 2021) UN Doc A/HRC/RES/48/13; UNGA (28 July 2022) UN Doc A/RES/76/300.

[3] Human Rights Based Approaches to Development in UNDP Programming: A Users’ Guide, United Nations Development Programme Bureau for Development Policy Democratic Governance Group, 2006. 3.

[4] Independent Expert on the issue of human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment. Mapping report (2013), UN Doc. A/HRC/25/53.

[5] Kyoto Protocol to the UNFCCC (Signed 11 December 1997, entered into force 16 February 2005) 2303 UNTS 162.

[6] Milieudefensie and others v Royal Dutch Shell plc, ECLI:NL: RBDHA:2021:5337.

[7] UN Special Rapporteur on Human Rights and the Environment, ‘Report of the Special Rapporteur on the Issue of Human Rights Obligations Relating to the Enjoyment of a Safe, Clean, Healthy and Sustainable Environment’ (2018), UN Doc. A/ HRC/ 37/59.

[8] United Nations Framework Convention on Climate Change, opened for signature 9 May 1992 (enter into force 21 March 1994).

[9] United Nations General Assembly, ‘UN Conference on the Human Environment’ UN Doc A/CONF/48/14/Rev/1 (16th June 1972).

[10] United Nations Guiding Principles on Business and Human Rights (2011) UN Doc HR/PUB/11/04.

[11] Urgenda v. Government of the Netherland, ECLI: NL: HR: 2019: 2007,5.2.1.

[12] Brown KA, Hogan AM and American Bar Association. Section Of Environment, Energy, And Resources, Environmental Litigation: Law and Strategy (American Bar Association, Environment, Energy, And Resources Section 2019 pp 56).

[13] Grear A and Kotzé LJ, Research Handbook on Human Rights and the Environment (Edward Elgar Publishing 2015).

[14] He Z, Zhang X, ‘The Human Rights Dimension of Climate Change Litigation under the "Dual Carbon" Goal and China's Way Forward’, 1673- 8330(2023) 06-0135-13, Northern Jurisprudence.

[15] Knox JH and Ramin Pejan, The Human Right to a Healthy Environment (Cambridge University Press 2018) pp.794-795.

[16] Peel J and Osofsky H, 'A Rights Turn in Climate Change Litigation?' (2018) 7(1) Transnational environmental law 37. pp 45.

[17] Pierre-Marie Dupuy and ViñualesJE, International Environmental Law (Cambridge University Press 2018).

[18] Romina Picolotti and Jorge Daniel Taillant, Linking Human Rights and the Environment (University of Arizona Press 2010 pp103).

[19] Savaresi A and Setzer J, ‘Rights-Based Litigation in the Climate Emergency: Mapping the Landscape and New Knowledge Frontiers’ (2022) 13 Journal of Qualitative Research in Tourism.

[20] United Nations., Frequently Asked Questions on a Human Rights-Based Approach to Development Cooperation (United Nations 2006).

[21] Jacqueline Peel and Hari Osofsky, 'A Rights Turn in Climate Change Litigation?' (2018) 7(1) Transnational environmental law 37 p46.

[22] Annalisa Savaresi and Joana Setzer, ‘Rights-Based Litigation in the Climate Emergency: Mapping the Landscape and New Knowledge Frontiers’ (2022) 13 Journal of Qualitative Research in Tourism.

[23] UNGA (25 September 2015) UN Doc A/Res/70/1.

[24] Pierre-Marie Dupuy and ViñualesJorge E, International Environmental Law (Cambridge University Press 2018). pp399-401.

[25] John H Knox and Ramin Pejan, The Human Right to a Healthy Environment (Cambridge University Press 2018). pp.794-795.

[26] Anna Grear and Louis J Kotzé, Research Handbook on Human Rights and the Environment (Edward Elgar Publishing 2015). pp 77-79.