Definition of an Environmental Right in a Human Rights Context

Abstract

This article examines the theoretical background of a right to environment, its contents and the different ways to achieve implementation of the norm. Environmental protection is first ascertained as a universal concern which warrants consideration within a human rights context. Innovative features of the right such as the emphasis on prevention and on the principle of solidarity deriving from the internationalization of environmental problems are then examined. Further, some implementation mechanisms such as procedural rights developed at the same time in environmental and human rights instruments or the judicial appraisal of environmental protection in the context of enforceable human rights are highlighted.