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Title:

The right to a clean environment: A warrant of sustainable development?

Creator:

Bazylińska-Nagler, Justyna

ORCID:

0000-0002-0190-7566

Subject and Keywords:

sustainable development ; right to clean environment ; third-generation human rights ; Aarhus Convention (1998)

Description:

Od 2013 pt.: Ekonomia - Wroclaw Economic Review

Abstract:

Is sustainable development a policy goal or a legal rule? This paper deals with sustainable development as a legal term, and with the right to a clean environment as a human right. Through analyses of international courts case law it tries to prove that effective execution of the substantive right to a clean environment could improve the application of the sustainable development principle. Following the theory which states that the more legal instruments protecting the environment we apply, the more sustainable development is, this paper surveys the legal instruments of sustainable development that can be used as part of the environmental pillar of development. The paper focuses on judicial protection instruments, considering both private and public interest litigation. The conclusion is that legal instruments for the application of sustainable development are inefficient or inadequate. The environment, often referred to as a “common concern” or as “common heritage” of mankind, has no standing before the courts

Place of publishing:

Wrocław

Publisher:

Wydawnictwo Uniwersytetu Wrocławskiego

Contributor:

Nowak, Wioletta. Red. ; Szalonka, Katarzyna. Red.

Date issued:

2018

Identifier:

ISSN 2084-4093

DOI:

10.19195/2084-4093.24.3.2

Language:

eng

Relation:

Acta Universitatis Wratislaviensis, ISSN 0239-6661 ; no 3881. Ekonomia, ISSN 2084-4093 ; 24/3, s. 11-21

Is version of:

Czasopisma Naukowe w Sieci (CNS)

Rights holder:

© Copyright by Wydawnictwo Uniwersytetu Wrocławskiego Sp. z o.o., Wrocław 2018

Autor opisu:

WR U/PAdjm