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" International law and the right to environment : "
Pevato, Paula Monica.
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Latin Dissertation
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| Record Number
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1093507
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TLets286363
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| Main Entry
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Pevato, Paula Monica.
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| Title & Author
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International law and the right to environment :\ Pevato, Paula Monica.
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| College
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London School of Economics and Political Science (University of London)
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| Date
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1998
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| student score
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1998
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| Degree
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Ph.D.
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| Abstract
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This thesis revolves around one central question, the thesis' leilmotif. 'What is a right toenvironment in contemporary internationalegal theory and practiceTIn the course of determining a right to environment's legal status, historical and modemhuman rights theories are considered. The author demonstrates that most writers havefallen into various rights traps, for instance, when they refrain from considering a rightto environment as something other than a human right, such as a non-right, a concept ofinternational environmental cooperation (IEC), or simply one of many goals ofinternational human rights and environmental law and policy (Chapter 2).The author continues the examination of the leitmotif by consulting the sources ofinternationall aw enumeratedin Article 38(l) of the Statuteo f the InternationalC ourt ofJustice, viz., custom, convention, general principles of law, and subsidiary sourcesOudicial decisions and teachings of highly qualified publicists), from the perspective ofthe policy science school of thought. From this legal philosophical perspective,international law is viewed as a process, a system of authoritative decision-makingwherein policy choices play a role, thereby expanding the analysis from a strict positivelaw perspective. Thus, in addition to the 'traditional' sources, the author conducts anexhaustive 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 incommunications, general comments); conference reports, background studies; andconceptso f EEC,p articularly sustainabled evelopment,a mong others,f or indications ofany consensuso n a right to environment( Chapters3 and 4). tThe author's research is completed by a thorough analysis of many human rightstensions, such as the inherent restrictions within human rights treaty regimesthemselves (viz., derogations, limitations, reservations, the principle of legality,drittwirkung, among others), or due to other tensions in public international law, mostnotably 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, caselaw, States parties' periodic reports, and other sources of international law, that thecharacteristicsa genericr ight to environmentm ight possessa lready exist within varioussubstantive and procedural rights, whilst other attributes are more suitably addressedvia a plethora of conventional mechanisms and policies pertaining to international lawfor the environment. A right to environment does not exist in international law, whetherdescribed as a human right, general principle of law, or otherwise. Its recognitionwould merely duplicate rights and obligations and is thereforeu nnecessaryT. he authorconcludes that the ultimate goal of a right to environment -- the attainment of asatisfactory quality of life within a healthy, ecologically balanced environment forpresent and future generations, all thriving in the human and natural worlds -- areencouraged without an expressly recognized right to environment.
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Law
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London School of Economics and Political Science (University of London)
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