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Ellen Desmet

with the enjoy- ment of certain human rights. The European Court of Human Rights and the former Com- mission have developed quite an extensive jurisprudence in which these potentially conflict- ing goods of human rights and nature protection are balanced. Conservation-related cases have generally

Series:

Armelle Gouritin

In EU Environmental Law, International Environmental Law, and Human Rights Law: The Case of Environmental Responsibility, Armelle Gouritin offers a critical appraisal of EU environmental responsibility law and asserts a new rights-based approach to international environmental law. This book addresses environmental damage, environmental harm, the grounds for environmental responsibility and the exceptions to the responsibility principle. A critical appraisal of EU Directives 2004/35 and 2008/99 is complemented by an analysis of the input of the European Court on Human Rights and international environmental law with a view to filling the gaps identified in the Directives. Gouritin offers a full analysis of the potential and limits of the rights-based approach applied to environmental responsibility.

Brian J Preston

emergent trend of increasing reliance on rights in climate change litigation around the world. 4 Reliance on rights to secure environmental or social outcomes is of course not a new phenomenon. 5 At an international level for instance, the European Court of Human Rights has an established practice of

John H KNOX

, Social and Cultural Rights, General Comment No. 14: The Right to the Highest Attainable Standard of Health (11 August 2000) E/C.12/2000/4; African Commission on Human and Peoples’ Rights, Social and Economic Rights Action Centre v. Nigeria (2001) Communication No 155/96; European Court of Human

Jolene Lin

and is able to demonstrate that the alleged violation had a practical effect on him or her. In exceptional cases, the European Court of Human Rights has allowed applications by ‘indirect victims’ (i.e. persons who are closely related to the victim, such as the victim’s wife or brother, and who are

John H. Knox

human rights law, and whether or not the states directly cause the harm. An example is a case of the European Court of Human Rights arising from mudslides in the Caucasus that killed several inhabitants of the town of Tyrnauz. 33 The government of Russia did not cause the mudslide, but it still had

Margaretha Wewerinke-Singh

perspective of society as a whole’ and thus ‘affirm, reinforce, and reify the fundamental values of society’. 6 In international human rights law, the right to a remedy is a substantive right that is well-established through both custom 7 and treaties. The European Court of Human Rights (ECtHR) has

Annalisa Savaresi and Juan Auz

attributed to private actors’. 66 In construing their arguments, the applicants invoked the case law of the European Court of Human Rights concerning the duty of a state to protect its citizens from environmental harm 67 ; and they relied on the customary international law obligation to prevent

Kleoniki Pouikli

Convention on Human Rights Shifting the debate from eu law, noise pollution falls within the European Convention of Human Rights ( echr ) and the European Court of Human Rights (ECtHR) protection regime as well, given that the protected human rights may be directly and severely affected by adverse

Ongoing Activities and Natura 2000

Biodiversity Protection vs Legitimate Expectations?

Hendrik Schoukens

, farmers and fishermen often make recourse to their right to property in order to shield of any interventions in their “vested rights”. Consequently it is deemed appropriate to take a short look at the most relevant case-law of the European Court of Human Rights in this respect, which zooms in on the