RIGHT TO ENVIRONMENT AND INTERNATIONAL LAW : DIMENSIONS AND IMPLICATIONS

This article examines the emergence of the "right to a healthy environment" as a concept in international law and human rights discourse. It traces the evolution of this idea, from its initial appearance in the 1972 Stockholm Declaration to its growing recognition in international treaties and national constitutions. The study analyzes the legal dimensions of this right, exploring whether it should be considered a standalone human right or an extension of existing rights, such as the right to life and health. The research investigates the implications of recognizing such a right, particularly for state obligations, corporate accountability, and the rights of individuals and communities to challenge environmentally destructive projects. The paper also discusses the significant challenges to the effective implementation and enforcement of this right, given its broad scope and the powerful economic interests often arrayed against it. The analysis concludes that the recognition of a right to a healthy environment represents a critical and evolving frontier in international law.

The growing global environmental crisis has spurred the development of a new and important concept in international jurisprudence: the right to a healthy environment. This paper provides a comprehensive analysis of the dimensions and implications of this emerging right. The study begins by tracing the normative development of the right, from its early articulation in soft law instruments to its increasing inclusion in legally binding treaties and national legal systems. The core of the article is a legal analysis of the content of this right. It explores the debate over whether it is a "third-generation" or solidarity right and examines its relationship with established civil, political, economic, and social rights. The paper argues that a clean environment is a necessary precondition for the enjoyment of many other fundamental human rights. The second part of the study focuses on the practical implications of recognizing this right. It discusses how a right to the environment can empower local communities to resist harmful development projects and hold governments and corporations accountable for environmental degradation. It examines the procedural aspects of the right, such as the right to environmental information, public participation in decision-making, and access to justice in environmental matters. The findings suggest that while the precise legal status of the right to a healthy environment remains a subject of debate, its growing normative force is already having a significant impact on the development of international and domestic environmental law.