Human rights and the environment

Environmental and Planning Law Journal

Volumn 14, Issue 4, 1997, Pages 268-281

  Simpson, Tony ^a   Jackson, Vanessa ^b  

^a Environmental Human Rights and Indigenous Rights Issues ^*  (Australia)

^b UNIVERSITY OF SYDNEY   (Australia)

Author keywords

[No Author keywords available]

Indexed keywords

EID: 84883861568     PISSN: 0813300X     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Article

References (58)

1. A term used by Propovic and others to denote ' Human Rights and Environment, " which more explicitly conveys the point that the right to the environment is a human right. N Propovic, In Pursuit of Environmental Human Rights: Commentary on the Draft Declaration of Principles on Human Rights and the Environment, draft manuscript (April 1996).
2. See P Alston, "Conjuring Up New Human Rights: A Proposal for Quality Control" (1984) 78 American Journal of International Law 605.
3. Article 6 of the Declaration of the Right to Development states unequivocally that "All human rights and fundamental freedoms are indivisible and interdependent" and they should receive equal attention and urgent consideration (UN GA Res 41/128, UN GAOR, 41st Sess, Supp No 53, 186, UN Doc A/41/53, 1986). Similarly, the Vienna Declaration recognises that "Democracy, development and respect for human rights and fundamental freedoms are interdependent and mutually reinforcing" (United Nations General Assembly, World Conference on Human Rights.
4. Vienna Declaration and Program of Action, UN Doc A/CONF 157/23, 1993).
5. Cancado Trindade notes that human rights instruments can be classified into four main areas. First, there are general human rights treaties (such as the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, and the International Covenant on Political and Economic Rights); secondly, there are the conventions that focus on specific situations (such as the United Nations Declaration on the Elimination of All Forms of Racial Discrimination); thirdly, there are conventions related to specific human conditions (such as refugee status, nationality or statelessness).
6. Finally, there are conventions directed at meeting and/or protecting the needs of vulnerable groups (such as women, children, and the disadvantaged). See Cancado Trindade, "The Contribution of International Human Rights Law to Environmental Protection, With Special Reference to Global Environmental Change, " in Brown Weiss (ed). Environmental Change and International Law: New Challenges and Dimensions (United Nations University Press, Tokyo, 1992), p 246.
7. United Nations, Sub-Commission on Prevention of Discrimination and Protection of Minorities, Review of Further Developments in Fields with which the SubCommission has been Concerned: Human Rights and the Environment Final Report Prepared by Mrs Fatma Ksentini. Special Rapporteur (E/CN 4/Sub 2/1994/9), p 12. (Hereafter referred to as the Ksentini Final Report.)
8. A Dale and M Lane "Strategic Perspectives Analysis: A Procedure for Participatory and Political SIA" (1994) 7 Society and Natural Resources 253-268.
9. A Dale and M Lane "Strategic Perspectives Analysis: A Procedure for Participatory and Political SIA" (1994) 7 Society and Natural Resources 253-268.
10. A Dale and M Lane "Strategic Perspectives Analysis: A Procedure for Participatory and Political SIA" (1994) 7 Society and Natural Resources 253-268.
11. W Sanderson, "Memo told of BHP bid to discredit Inspector, " Courier Mail, 21 June 1997, p 9.
12. A Dale and M Lane "Strategic Perspectives Analysis: A Procedure for Participatory and Political SIA" (1994) 7 Society and Natural Resources 253-268.
13. R Pathak, "The Human Rights System As A Conceptual Framework For Environmental Law, " in Brown Weiss (ed). Environmental Change and International Law: New Challenges and Dimensions (United Nations University Press, Tokyo, 1992), p 227.
14. In 1994 it was estimated that there are some 350 multilateral treaties, 1,000 bilateral treaties and a multitude of instruments of intergovernmental organisations. Refer to UN Doc (El CN 4/Sub 2/1994/9, at 8 (1994).
15. Among the first international laws to regulate particular aspects of the environment were the Convention for the Protection of Birds Useful to Agriculture 1902 and the Treaty for the Preservation and Protection of Fur Seals 1911. These instruments were restricted to commercially available species, and offered only limited forms of protection. Conservation and preservation of fauna and flora emerged as conceptual approaches to natural resource management in the 1930s and 1940s, but again applied in only a limited sense. Some broader environmental concerns emerged in the late 1950s and into the 1960s with the Antarctic Treaty in 1954, the Treaty Banning Nuclear Weapons Tests in the Atmosphere, Outer Space and Underwater in 1963, and the International Convention for the Prevention of Pollution of the Sea by Oil in 1969. For a concise history of the development of international environmental law refer to E Brown Weiss, "Global Environmental Change and International Law: New Challenges and Dimensions, " in Brown Weiss (ed), Environmental Change and International Law: New Challenges and Dimensions (United Nations University Press, Tokyo, 1992).
16. See, eg, B Boer, "Institutionalising Ecologically Sustainable Development: The Roles of National, State and Local Governments in Translating Grand Strategy into Action" (1993) 31 Williamette Law Review 307 (Spring, 1995).
17. A Kiss and D Sheldon, International Environmental Law (Transnational Publishers, New York, 1991), pp 36-42.
18. W Sanderson, "Memo told of BHP bid to discredit Inspector, " Courier Mail, 21 June 1997, p 9.
19. United Nations, "Rio Declaration, " Principle 3, in Earth Summit Agenda 21: The United Nations Program of Action from Rio (United Nations Department of Public Information, New York, 1992), p 9.
20. Convention on Early Notification of a Nuclear Accident (1986) 25 ILM 1370.
21. Convention on Early Notification of a Nuclear Accident (1986) 25 ILM 1370.
22. Convention on Early Notification of a Nuclear Accident (1986) 25 ILM 1370.
23. Convention on Early Notification of a Nuclear Accident (1986) 25 ILM 1370.
24. A Dale and M Lane "Strategic Perspectives Analysis: A Procedure for Participatory and Political SIA" (1994) 7 Society and Natural Resources 253-268.
25. A Dale and M Lane "Strategic Perspectives Analysis: A Procedure for Participatory and Political SIA" (1994) 7 Society and Natural Resources 253-268.
26. A Dale and M Lane "Strategic Perspectives Analysis: A Procedure for Participatory and Political SIA" (1994) 7 Society and Natural Resources 253-268.
27. The Draft Principles on Human Rights and the Environment (hereafter referred to as the Draft Principles) were produced by a group of experts on human rights and international environmental law in Geneva over a three-day period in May, 1994. The group members were James Cameron (Foundation for International Environmental Law and Development), David Goldberg (University of Glasgow.
28. International Federation for Human Rights), Mario Ibarrra (International Indian Treaty Council), Alexandre Kiss (Centre for Environmental Law.
29. University of Strasbourg.
30. European Council for Environmental Law.
31. International Institute of Human Rights), Miloon Kothari (Centre for Housing Rights and Evictions.
32. Habitat International Coalition), Meenakshi Raman (Consumers Association Penang, Malaysia), Dinah Shelton (Santa Clara University), Anthony Simpson (Australian Conservation Foundation.
33. International Commission of Jurists), Tobheka Thamage (Tsoga Environmental Resources Centre, South Africa), Antonio Augusto Cancado Trindade (Judge ad hoc.
34. Inter-American Court of Human Rights.
35. A Dale and M Lane "Strategic Perspectives Analysis: A Procedure for Participatory and Political SIA" (1994) 7 Society and Natural Resources 253-268.
36. A Dale and M Lane "Strategic Perspectives Analysis: A Procedure for Participatory and Political SIA" (1994) 7 Society and Natural Resources 253-268.
37. Convention on Early Notification of a Nuclear Accident (1986) 25 ILM 1370.
38. Refer in particular to Arts 3, 12, 26, 28 and 31 of the UN Draft Declaration on the Rights of Indigenous Peoples.
39. See Sub-Commission on Prevention of Discrimination and Prevention of Minorities, Report of the Secretary-General on the Realisation of Economic. Social and Cultural Rights (E/CN 4/Sub 2/1996/12, 2 July 1996), pp 14-21.
40. A Dale and M Lane "Strategic Perspectives Analysis: A Procedure for Participatory and Political SIA" (1994) 7 Society and Natural Resources 253-268.
41. A Dale and M Lane "Strategic Perspectives Analysis: A Procedure for Participatory and Political SIA" (1994) 7 Society and Natural Resources 253-268.
42. A Dale and M Lane "Strategic Perspectives Analysis: A Procedure for Participatory and Political SIA" (1994) 7 Society and Natural Resources 253-268.
43. J Nickel, "The Human Right to A Safe Environment: Philosophical Perspectives on Its Scope and Justification" (1993) 18 Yale Journal of International Law 294.
44. A Dale and M Lane "Strategic Perspectives Analysis: A Procedure for Participatory and Political SIA" (1994) 7 Society and Natural Resources 253-268.
45. The reference in Principle 14 to the particular rights of indigenous peoples is a summary of the more explicit recognition of the rights of indigenous peoples as expressed in the Draft Declaration of the Rights of Indigenous Peoples. In particular Art 24 (dealing with indigenous rights to traditional medicines and health practices).
46. Art 25 (indigenous rights to maintain and strengthen their distinctive spiritual and material relationship with their traditional lands and territories).
47. Art 26 (indigenous rights to own, develop, control and use the lands and territories, they have traditionally owned or otherwise used).
48. Art 28 (indigenous right to restoration, conservation and protection of the total environment).
49. Art 29 (indigenous rights to full ownership, control and protection of their cultural and intellectual property).
50. Art 30 (indigenous right to require states to obtain their free and informed consent prior to the approval of any project affecting their lands, territories and other resources).
51. Art 31 (indigenous right to exercise their right to selfdetermination and autonomy).
52. A Kiss and A Cancado Trindade, "Two Major Challenges of Our Time: Human Rights and the Environment, " in Cancado Trindade (ed), Human Rights, Sustainable Development and the Environment (Institute for Inter-American Human Rights, San Jose de Costa Rica, 1992), p 290.
53. A Dale and M Lane "Strategic Perspectives Analysis: A Procedure for Participatory and Political SIA" (1994) 7 Society and Natural Resources 253-268.
54. A Dale and M Lane "Strategic Perspectives Analysis: A Procedure for Participatory and Political SIA" (1994) 7 Society and Natural Resources 253-268.
55. P Alston, "Human Rights and Environmental Rights: Are They Compatible?, " presentation made at Human Rights and Environmental Protection: The Vital Link Workshop (Environmental Defender's Office, Sydney, 12 Octöber 1991), p 49.
56. N Pain, "Human Rights and the Environment: A Regional Focus, " presentation made at Human Rights and Environmental Protection: The Vita! Link Workshop (Environmental Defender's Office, Sydney, 12 October 1991), p 43.
57. A Dale and M Lane "Strategic Perspectives Analysis: A Procedure for Participatory and Political SIA" (1994) 7 Society and Natural Resources 253-268.
58. A Dale and M Lane "Strategic Perspectives Analysis: A Procedure for Participatory and Political SIA (1994) 7 Society and Natural Resources 253-268.