A substantive environmental right; an examination of the legal obligations of decision-makers towards the environment.

9789041128157

A substantive environmental right; an examination of the legal obligations of decision-makers towards the environment.

Turner, Stephen J.

Kluwer Law International

2009

284 pages

$152.00

Hardcover

Energy and environmental law & policy series, supranational and comparative aspects; v.1

K3585

This book makes the case that current international law, international environmental law in particular, and state practice can be construed to contain a substantive human right to a clean and healthy environment that places obligations on decision-makers. In order to make the case, the author examines issues in law and practice connected to various cases of environmental degradation around the world, with a particular focus on the Camisea Project, a mineral extraction industry in Peru, prior to examining how his draft right could be instituted and work in practice. He considers the obligations pursuant to the environmental right of state actors, companies and multinational enterprises, multilateral development banks, and the World Trade Organization.

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