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Title: International law and the right to environment : encouraging environmental cooperation via the international protection of human rights.
Author: Pevato, Paula Monica.
ISNI:       0000 0001 3486 2547
Awarding Body: London School of Economics and Political Science (University of London)
Current Institution: London School of Economics and Political Science (University of London)
Date of Award: 1998
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This thesis revolves around one central question, the thesis' leilmotif. 'What is a right to environment in contemporary internationalegal theory and practiceT In the course of determining a right to environment's legal status, historical and modem human rights theories are considered. The author demonstrates that most writers have fallen into various rights traps, for instance, when they refrain from considering a right to environment as something other than a human right, such as a non-right, a concept of international environmental cooperation (IEC), or simply one of many goals of international human rights and environmental law and policy (Chapter 2). The author continues the examination of the leitmotif by consulting the sources of internationall aw enumeratedin Article 38(l) of the Statuteo f the InternationalC ourt of Justice, viz., custom, convention, general principles of law, and subsidiary sources Oudicial decisions and teachings of highly qualified publicists), from the perspective of the policy science school of thought. From this legal philosophical perspective, international law is viewed as a process, a system of authoritative decision-making wherein policy choices play a role, thereby expanding the analysis from a strict positive law perspective. Thus, in addition to the 'traditional' sources, the author conducts an exhaustive analysis of 'soft law' sources, including resolutions and declarations; conventional and extra-conventional mechanisms to international human rights treaties (States parties periodic reports, concluding observations, summary records, views in communications, general comments); conference reports, background studies; and conceptso f EEC,p articularly sustainabled evelopment,a mong others,f or indications of any consensuso n a right to environment( Chapters3 and 4). t The author's research is completed by a thorough analysis of many human rights tensions, such as the inherent restrictions within human rights treaty regimes themselves (viz., derogations, limitations, reservations, the principle of legality, drittwirkung, among others), or due to other tensions in public international law, most notably sovereignty issues and competing interests manifested as anthropocentricity, property rights, international trade, development, and aboriginal issues (Chapter 5). These tensions add further hurdles to a human right to environment's fulfilment. The author deduces from an examination of specific human rights, IEC concepts, case law, States parties' periodic reports, and other sources of international law, that the characteristicsa genericr ight to environmentm ight possessa lready exist within various substantive and procedural rights, whilst other attributes are more suitably addressed via a plethora of conventional mechanisms and policies pertaining to international law for the environment. A right to environment does not exist in international law, whether described as a human right, general principle of law, or otherwise. Its recognition would merely duplicate rights and obligations and is thereforeu nnecessaryT. he author concludes that the ultimate goal of a right to environment -- the attainment of a satisfactory quality of life within a healthy, ecologically balanced environment for present and future generations, all thriving in the human and natural worlds -- are encouraged without an expressly recognized right to environment.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available
Keywords: Law