Early Beginnings of Environmental Protection in International Human Rıghts Law
Early Beginnings of Environmental Protection in International Human Rıghts Law
İzzet Mert ERTAN
Sayfa Sayısı
:
129
Kitap Ölçüleri
:
13.5*19.5
Basım Yılı
:
2015
ISBN NO
:
9786053332183
Foreword
Human rights and environmental protection are deeply interrelated topics. However, their relationship is complex. Nowadays, it may be easy to conclude that environment is protected by International Human Rights, in the early days of this process; there were many doubts on whether environment should have been covered by human rights instruments. It is still a developing process. In this context, it becomes import¬ant to study the early beginnings of environmental protection in International Human Rights Law in order to analyse nor¬mative and institutional development. This analyses also may shed light on the future developments and tendencies on the subject matter.
This book was intended to cover two regional human rights protection mechanisms, namely Organization of American States and African Union as well as the practice of Human Rights Committee. Through the working process, I have no¬ticed the fact that the part on the Council of Europe was going to reach to an unproportioned size which could have a nega¬tive effect on the structure of the book. That is why I decided to deal with the Council of Europe separately in another vol¬ume.
In this volume I tried to put forward the case-law of Hu¬man Rights Committee, African Commission on Human and Peoples' Rights and the Inter-American organs, both the Com¬mission and the Court all of which have vital roles in the pro¬tection of environment taking into consideration the lack of a specific convention on this matter.
Izzet Mert Ertan
Table of Contents
I-) Introduction 1
1. A human right to a clean and healthy
environment? 1
2. Rights relevant to environmental protection
in human rights instruments 31
II-) Inter-American human rights system 43
1. General standards 43
2. Practice of the Inter-American Commission 49
a) Pilot Environmental Case in the
Inter-American System: The Case against
the projects that have harmful effects on
the territories of the indigenous peoples 49
b) Precautionary measures in environmental
cases concerning the indigenous peoples 56
c) Protection of archaeological monuments
and sites, including such areas traditionally
used by indigenous peoples 64
3. Practice of the Inter-American Court 66
a) Importance of Prior environmental impact
assessment 66
b) Right to be informed 68
III-) The African Human Rights System 75
IV-) Environmental human rights cases under the
UN ICCPR system 83
V-) Rejection of interim measure requests in
environmental human rights cases 89
1. Nuclear tests 89
2. Nuclear plant operation 99
3. Industrial Applications in Historical Sites and
Traditional Lands 103
4. Building and operation of a hotel complex
within a historical site 105
CONCLUSION 110
BIBLIOGRAPHY 113
LIST OF CASES 127
Human rights and environmental protection are deeply interrelated topics. However, their relationship is complex. Nowadays, it may be easy to conclude that environment is protected by International Human Rights, in the early days of this process; there were many doubts on whether environment should have been covered by human rights instruments. It is still a developing process. In this context, it becomes import¬ant to study the early beginnings of environmental protection in International Human Rights Law in order to analyse nor¬mative and institutional development. This analyses also may shed light on the future developments and tendencies on the subject matter.
This book was intended to cover two regional human rights protection mechanisms, namely Organization of American States and African Union as well as the practice of Human Rights Committee. Through the working process, I have no¬ticed the fact that the part on the Council of Europe was going to reach to an unproportioned size which could have a nega¬tive effect on the structure of the book. That is why I decided to deal with the Council of Europe separately in another vol¬ume.
In this volume I tried to put forward the case-law of Hu¬man Rights Committee, African Commission on Human and Peoples' Rights and the Inter-American organs, both the Com¬mission and the Court all of which have vital roles in the pro¬tection of environment taking into consideration the lack of a specific convention on this matter.
Izzet Mert Ertan
Table of Contents
I-) Introduction 1
1. A human right to a clean and healthy
environment? 1
2. Rights relevant to environmental protection
in human rights instruments 31
II-) Inter-American human rights system 43
1. General standards 43
2. Practice of the Inter-American Commission 49
a) Pilot Environmental Case in the
Inter-American System: The Case against
the projects that have harmful effects on
the territories of the indigenous peoples 49
b) Precautionary measures in environmental
cases concerning the indigenous peoples 56
c) Protection of archaeological monuments
and sites, including such areas traditionally
used by indigenous peoples 64
3. Practice of the Inter-American Court 66
a) Importance of Prior environmental impact
assessment 66
b) Right to be informed 68
III-) The African Human Rights System 75
IV-) Environmental human rights cases under the
UN ICCPR system 83
V-) Rejection of interim measure requests in
environmental human rights cases 89
1. Nuclear tests 89
2. Nuclear plant operation 99
3. Industrial Applications in Historical Sites and
Traditional Lands 103
4. Building and operation of a hotel complex
within a historical site 105
CONCLUSION 110
BIBLIOGRAPHY 113
LIST OF CASES 127