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Human Rights Essays

Posted 24 Sep 2024 , 3:20pm By Sharon Natt

Essays from leading experts explore themes ranging from mass atrocities around the world to unprecedented levels of homelessness in the UK. This thought-provoking collection is curated by Labour Campaign for Human Rights and Amnesty UK

All states have a duty – regardless of their political, economic, and cultural systems – to promote and protect all rights for everyone, without discrimination.

However, in recent years, universal human rights have faced unprecedented levels of threat and rollback. Here in the UK, we have seen a raft of legislation which has removed fundamental rights protections, often in contradiction to the UK’s obligations under international law. Internationally, we see other governments increasingly acting with impunity, violating international human rights and humanitarian law with no consequence; and undermining the international rules-based system which protects us all.

Human rights protections were born out of the ashes, horror and devastation of World War II to act as a global roadmap to freedom, equality and dignity – protecting the rights of every individual, everywhere. Over the last 75 years they have underpinned many of the positive transformations that the world has seen; from decolonialisation across continents, to the reunification of the European continent after the Cold War, to challenging systems of structural racism in countries right across the world.

Centring human rights provides a clear framework for policy makers who want to change lives and improve public services for the better, in equitable, fair and just ways. The Human Rights Act in the UK, for example, has not only enabled people to claim their rights when things have gone wrong, but has ushered in systems of decision making in our national and local policy making that better respect rights in the first place. In this way, any government designing and delivering its agenda should see human rights principles as key to providing solutions to policy challenges and direction for the best use of precious resources.

That’s why Amnesty International UK is urging our new government to be proud of the role the UK has played over decades in building and respecting global human rights frameworks and laws, but also to recognise that over recent years the UK has squandered its reputation and leadership by inconsistently supporting and practising those principles at home and abroad. We now urge the government to truly prioritise promoting and protecting our rights, because while politics might not be for everyone, human rights are.

As part of this work, we are delighted to partner with the Labour Campaign for Human Rights in this collection of essays to bring together a range of voices and expertise from across society – including rights holders, barristers, teachers, union representatives, NGOs and politicians. Each of these essays provides a unique and compelling perspective on what this government could do to truly champion human rights now and in the future.

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Human Rights-based Approach to Environmental Protection: Kenyan, South African and Nigerian Constitutional Architecture and Experience

• First Online: 22 August 2020

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In the international development of human rights, there is controversy on whether there exists a human right to the environment; if so, is such a right supportive or inimical to sustainable development? The question draws from two important standpoints. First, the UN Charter and core human rights instruments did not explicitly capture environment issues as part of human rights discourse. Second, the role of human beings in environmental protection, pitting anthropocentric and ecocentric arguments has meant that there is no unanimity that the rights of human beings are supportive of the right of the environment. In 2010, Kenya adopted a transformative Constitution. The Constitution followed the path of the African Charter on Human and Peoples’ Rights and borrowed from that of South Africa, by recognizing that human beings have a fundamental right to the environment. Based on a comparative analysis of Kenya, Nigeria and South Africa, this chapter argues that in application, environmental rights are more collective than individual. Human rights-based approach to environmental protection must temper individuality to guarantee sustainability.

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Mainstreaming Environmental Justice in Developing Countries: Thinking Beyond Constitutional Environmental Rights

The Evolution of Environmental Rights in Taiwan

Environmental Protection and Sustainable Development: An Islamic Perspective

Adopted in Nairobi on June 27, 1981. Available at http://www.humanrights.se/wp-content/uploads/2012/01/African-Charter-on-Human-and-Peoples-Rights.pdf accessed 15th August 2019

Ibid., Article 24.

Suzanne C Gragnon Thompson and Michelle A Barton, ‘Ecocentric and Anthropocentric Attitudes Toward the Environment’ (1994)14 <Emphasis Type="Italic">Journal of Environmental Philosophy 149.

United Nations, Transforming our World: the 2030 Agenda for Sustainable Development, A/Res/70/1 https://www.un.org/ga/search/view_doc.asp?symbol=A/RES/70/1&Lang=E accessed 17 July 2019.

David R Boyd, The Environmental Rights Revolution: A Global Study of Constitutions, Human Rights, and the Environment (UBC Press 2012) 3.

UNGA Res. 2398(XXIII) (1968).

United Nations, Report of the United Nations Conference on the Human Environment, A/CONF.48/14. Available at https://www.un.org/ga/search/view_doc.asp?symbol=A/CONF.48/14/REV.1 accessed 19 July 2019.

Stockholm Declaration, Preamble. Ibid.

Principle 1, Stockholm Declaration n 7.

Ulrich Beyerlin and Thilo Marauhn, International Environmental Law (Hart Publishing, 2011) 393.

Principle 1, Rio Declaration on Environment and Development, 1992. Available at http://www.unesco.org/education/pdf/RIO_E.PDF (Last accessed on 25th June 2019).

Dinah Shelton, ‘What Happened in Rio to Human Rights?’ (1992) 3(1) Yearbook International Environmental Law 75, 82.

Phillipe Sands, et al. Principles of International Environmental Law (4th Edition, Cambridge University Press, 2018) 81.

Alan Boyle, ‘Human Rights and the Environment: Where Next?” (2012) 23(3) European Journal of International Law 613.

Bridget Lewis, ‘Environmental Rights or the Right to Environment: exploring the Nexus Between Human Rights and Environmental Protection’ (2012) 8(1) Macquarie Journal of International and Comparative Environmental Law 36, 36.

UN expert calls for global recognition of the right to safe and healthy environment, Geneva, 5 March 2018 https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=22755&LangID=E .

United Nations General Assembly, Report of the Special Rapporteur on the issue of human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment, 37th Session of the Human Rights Council, 26 February-23 March 2018, A/HRC/37/59 https://www.right-docs.org/doc/a-hrc-37-59/

https://www.unece.org/fileadmin/DAM/env/pp/documents/cep43e.pdf .

David Boyd, “Statement of the Special Rapporteur on the issue of human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment,” 4th Session UNEA Assembly, 12th March 2019. http://web.unep.org/environmentassembly/un-special-rapporteur-human-rights-and-environment

Istvan Lakatos, ‘Thoughts on Universalism versus Cultural Relativism with Special Attention to Women’s Rights’ (2018) 1 Pécs Journal of International and European Law 6.

Yash Ghai, (2000) 21 ‘Universalism and Relativism: Human Rights as Framework for Negotiating Interethnic Claims’ Cardozo L Rev. 1095, 1095.

UNHCR, “Vienna Declaration and Programme of Action,” Adopted by the World Conference on Human Rights, Vienna, 25 June 1993. https://www.ohchr.org/EN/ProfessionalInterest/Pages/Vienna.aspx

Lakatos, (n 40) 18.

J.B. Ojwang, Laying a Basis for Rights: Towards a Jurisprudence of Development, Inaugural Lecture Delivered Before the University of Nairobi on 9th July 1992, (University of Nairobi Press, 1992) 20.

Adopted June 27, 1981, OAU Doc. CAB/LEG/67/3 rev. 5, 21 I.L.M. 58 (1982). http://hrlibrary.umn.edu/instree/z1afchar.htm .?

AU, ADB and ECA, Framework and Guidelines on Land Policy in Africa (Addis Ababa, Ethiopia, 2010. https://www.uneca.org/sites/default/files/PublicationFiles/fg_on_land_policy_eng.pdf

ACHPR, Article 14.

Ibid., Article 22(2).

Ibid., Article 24

UNEP, Global Environment Outlook (GEO-6), Regional Assessment for Africa ( Nairobi, 2016). http://wedocs.unep.org/bitstream/handle/20.500.11822/7595/GEO_Africa_201611.pdf?sequence=1&isAllowed=y

African Convention for the Conservation of Nature and Natural Resources, 1001 UNTS 3.

https://au.int/sites/default/files/treaties/7782-treaty-0029__revised_african_convention_on_the_conservation_of_nature_and_natural_resources_e.pdf

Ibid., Article II.

Robert Wabunoha, “Environmental Law of Africa,” in Patricia Kameri Mbote and Collins Odote (eds), Blazing the Trail: Professor Charles Okidi’s Enduring Legacy in the Development of Environmental Law (School of Law, University of Nairobi, 2019).

Social and Economic Rights Action Center and the Center for Economic and Social Rights v. Nigeria (‘SERAC v. Nigeria – the Ogoniland Case’), AfCHPR, Communication 155/96 (2002).

Morne Van Linde, “Considering the Interpretation and Implementation of Article 24 of the African Charter on Human and Peoples’ Rights in Light of the SERAC Communication’ (2003) 3 African Human Rights Law Journal 167, 168.

SERAC, (n58).

Fons Cooman, “The Ogoni Case Before the African Commission on Human and Peoples’ Rights’ (2003) 52(2) The International and Comparative Law Quarterly 749, 754.

Van Linde, (n60), 168.

Van Linde, (n60), 176.

Boyd, (n5 ) , which demonstrates that there has been an increase from several 4 in 1990 to 32 in 2011.

Environmental law Institute and United Nations Environment Programme, Constitutional Environmental Law: Giving Force to Fundamental Principles in Africa (2nd Edition, Washington, 2007), vii.

Carl Bruch and others, ‘Natural Resources, Power Sharing, and Peacebuilding in Post conflict Constitutions’ in Erin Daly and James R May (eds), Implementing Environmental Constitutionalism: Current Global Challenges (Cambridge University Press, 2018) 100.

Constitution of Kenya, 2010, article 24.

For a discussion of these, see Collins Odote, ‘Kenya: Constitutional Provisions on the Environment’ (2012) 1 IUCN Academy of Environmental Journal, E-journal 136.

Constitution of Kenya, 2010, Article 42

Ibid., Article 43

Ibid., Article 69

Ibid., Article 70

Ibid., Article 10.

See High Court case of Peter K. Waweru V. Republic, (2006) eKLR

Joel Kimutai Bosek, ‘Implementing Environmental Rights in Kenya’s New Constitutional Order: Prospects and Potential Challenges’ (2014) 14 African Human Rights Law Journal 489, 491.

Donald Kaniaru, (2011–2012) 29 ‘Environmental Courts and Tribunals: The Case of Kenya’ Pace Environmental Law Review, 566, 581.

Collins Odote, ‘The Role of the Environmental and Land Court in Governing Natural Resources in Kenya’ in Patricia K. Mbote, et al., (eds) Law, Environment Africa (Nomos, 2019) 340.

Constitution of Kenya, Article 69(1)(a)

Ibid., Article 69(1)(b).

Ibid., Article 69(1)(c)

Ibid., Article 69(1)(d).

Ibid., Article 69(1)(e)

Article 69(1)(f).

Article 69(1)(g).

Article 69(1)(h).

Constitution of Kenya, Article 43.

Ibid., Article 43(1)(d).

Constitution of Kenya, 2010, Article 59.

For a report of the findings of the inquiry, see KNCHR, The Malindi Inquiry Report 2006: Report of a Public Inquiry into Allegations of Human Rights Violations in Magarini, Malindi , July 2006 http://www.knchr.org/Portals/0/Reports/Malindi_Inquiry.pdf

Ibid., page 128.

KNCHR, (n97)

Collins Odote, ‘Public Interest Litigation and Climate Change-An Example from Kenya’, in Oliver C. Ruppel et al., Climate Change: International Law and Global Governance, Volume 1: Legal Responses and Global Responsibility (Nomos, 2013) 817.

Wangari Maathai v Kenya Times Media Trust, 1 KLR(E&L) 2006, 164–171.

Constitution of Kenya, 2010, Article 70(1).

Ibid., Article 70(3).

Constitution of Kenya, Article 162(2)(b).

Odote, (n 85), 336.

Collins Odote, ‘Kenya: The New Environmental and Land Court’ (2013) 4 IUCN Academy of Environmental law E-Journal 171, 175–6

Supra, note 85 at page 342

Mohamed Ali Baadi and others v Attorney General & 11 others [2018] eKLR.

Ibid. See also, In the Mater of the Mui Coal Basin (2015) eKLR.

Jan Glaweski, ‘The Environment, Human Rights and a New South African Constitution’ (1991)7 South African Journal of Human Rights 167, 180.

Ibid., 182.

Susana, Borras, ‘New Transitions from Human Rights to the Environment to the Rights of Nature’ (2016) 5(1) Transnational Environmental Law 113, 126.

Section 24, South African Constitution.

Anel du Plessis, ‘The Promise of “Well-being” in Section 24 of the Constitution of South Africa’ (2018) 34(2) South African Journal of Human Rights 191, 192.

Anel du Plessis, ‘Local Environmental Governance and the Role of Local government in the Realization of Section 24 of the South African Constitution’ (2010) 21(2) Stellenbosch Law Review 265, 268.

2000 3 BCLR 277 (CC) paras 82–84.

Paris (France), 12 Dec. 2015, in force 4 Nov. 2016 http://unfccc.int/paris_agreement/items/9485.php (Paris Agreement) accessed on 26 August 2019.

(65662/16) [2017] ZAGPPHC 58.

Jacqueline Peel and Harry M Osofky, ‘A Rights Turn in Climate Change Litigation?’ (2018) 7(1) Transnational environmental Law 37, 59.

Earthlife Africa Johannesburg v. Minister for Environmental Affairs & Others, Case No. 65662/16, Judgment of High Court of South Africa, Gauteng Division, Pretoria (South Africa), 8 Mar. 2017, available at: http://cer.org.za/wp-content/uploads/2017/03/Judgment-Earthlife-Thabametsi-Final-06-03-2017.pdf . (Earthlife Africa Johannesburg) para 82 accessed 20th August 2019

Du Plessis, (n123), 203.

Louis J. Kotze, And Anel du Plessis, ‘Some Brief Observations on Fifteen Years of Environmental Rights Jurisprudence in South Africa’ (2010) 3(1) Journal of Court Innovation 157, 165.

Ibid., page 175

Ibid., Page 174.

SERAC, note 58.

Chapter II, Section 20, 1999 Constitution of the Federal Republic of Nigeria.

Theodore Okonkwo, ‘Environmental Constitutionalism in the United States and Nigeria: Recognizing Environmental Rights’ (2017) 5(7) International Journal of Social Science Studies 66, 69.

Edwin Egede, ‘Human Rights and the Environment: Is There a legally Enforceable Right of a Clean and Healthy Environment for the “Peoples” of the Niger Delta under the Framework of the 1999 Constitution of the Federal Republic of Nigeria’ (2007) 19(1) Sri Lanka Journal of International Law 51,52.

Section 6(6), Nigerian Constitution,

Jonah Gbemre v. Shell Petroleum Development Company Nigeria Ltd. and Others, Federal High Court of Nigeria, Benin Division, Judgment of 14 November 2005, Suit No. FHC/B/CS/53/05; Oronto Douglas v. Shell Petroleum Development Company Ltd. (1999) 2 N.W.L.R. (Part 591); Gani Fawehinmi v. Abacha (1996) 9 N.W.L.R. (Part 475) 710.

Suit No. FHC/B/CS/153/05, of 2005

Ibid., para 3.

CT Emejuru, ‘Human Rights and Environment: Whither Nigeria?’ (2014) 30 Journal of Law, Policy and Globalization 19, 27.

Borras, (n120) 128.

Louis, E. Rodriguez-Rivera, ‘Is There a Human Rights to Environment Recognized Under International Law? It Depends on the Source’ (2001) 12 Colorado Journal of International Environmental Law and Policy 1,1.

Allan Boyle, ‘Human Rights and the Environment: Where Next?’ (2012) 23(3) The European Journal of International Law 613.

Ibid., at 614.

Christopher, D. Stone, ‘Should Trees Have Standing? Toward Legal Rights for Natural Objects?’ (1972) 45 Southern California Law Review 450.

WN Hohfeld, ‘Some Fundamental Legal Conceptions as Applied in Judicial Reasoning’ (1913–14) 23 Yale Law Journal 16.

UNEP, Global Environment Outlook, GEO-6: Healthy Planet, Healthy People (Cambridge University Press, 2019) https://wedocs.unep.org/bitstream/handle/20.500.11822/27539/GEO6_2019.pdf?sequence=1&isAllowed=y

Sumudu Attappatu, ‘The Right to a Healthy Life or the Life to Die Polluted: The Emergence of a Human Right to a Healthy Life Under International Law’ (2002) 16 Tulane Environmental Law Journal 65, 67.

For discussions on development of an African Union Law, see generally, Olufemi Amao, African Union Law: The Emergence of a Sui Generis Legal Order, (Routledge Press, 2018).

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Odote, C. (2020). Human Rights-based Approach to Environmental Protection: Kenyan, South African and Nigerian Constitutional Architecture and Experience. In: Addaney, M., Oluborode Jegede, A. (eds) Human Rights and the Environment under African Union Law. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-030-46523-0_15

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Building an inclusive world of universal respect for human rights and dignity

As we celebrate the 70th anniversary of the proclamation of the Universal Declaration of Human Rights this year, it is important to recall the important connection between inclusive development and human rights, and that people living in poverty are affected by many human rights violations.

The persistence of poverty, including extreme poverty, is a major concern for the United Nations and, at its 72nd session, the General Assembly launched the Third United Nations Decade for the Eradication of Poverty (2018–2027), under the theme “ Accelerating global actions for a world without poverty ”. It is important that the Third Decade’s inter-agency, system-wide plan of action to coordinate the poverty eradication efforts of the United Nations system includes an effective partnership with people living with poverty.

To show solidarity with people living in poverty, the United Nations will commemorate the 2018 International Day for the Eradication of Poverty at UN Headquarters in New York on 17 October. The Day reminds us that we need to include people living in poverty as partners in building inclusive societies for all, and that we need to come together to promote the values of solidarity and their concerns.

The commemoration event will be organized in partnership with the International Movement ATD Fourth World, the NGO Sub-committee for the Eradication of Poverty and UN DESA, supported by the Missions of France and Burkina Faso to the United Nations.

Towards building inclusive societies for all

Joseph Wresinski was one of the first persons to highlight this direct link between human rights and extreme poverty. In February 1987, he appealed to the Human Rights Commission to examine the question of extreme poverty and human rights and eloquently captured the nexus between human rights and extreme poverty with his profound observation: “Wherever men and women are condemned to live in extreme poverty, human rights are violated. To come together to ensure that these rights be respected is our solemn duty.”

The 2018 theme, “Coming together with those furthest behind to build an inclusive world of universal respect for human rights and dignity” reminds us of the importance of the values of dignity and solidarity, as well as the call to action to end poverty everywhere.

Join the #EndPoverty global campaign

Everyone can join the campaign on social media by using hashtag #EndPoverty and promoting the call to action to connect with people from around the world who have joined the fight to overcome poverty.

In addition to the commemorative event to be held in New York on 17 October, commemorations of the international day are being organized worldwide. The online community is asked to use #EndPoverty to share messages about the International Day for the Eradication of Poverty via social media.

For more information:

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Towards a business, human rights and the environment framework.

1. Introduction

2. human rights and the environment: synergies and conflicts in the business and human rights context, 2.1. principles, duty bearers, nature and scope of obligations, 2.2. international environmental and human rights obligations in the business and human rights context, 2.3. recognition of a right to a safe, clean, healthy and sustainable environment, 3. the emergence of the environment in corporate responsibility and business and human rights’ discourses, 3.1. corporate social responsibility and corporate environmental responsibility, 3.2. business and human rights, and the environment.

“[N]early a third of cases alleged environmental harms that had corresponding impacts on human rights. Environmental concerns were raised in relation to all sectors. In these cases, various forms of pollution, contamination, and degradation translated into alleged impacts on a number of rights, including on the right to health, the right to life, rights to adequate food and housing, minority rights to culture, and the right to benefit from scientific progress. A number of environmental issues also prompted allegations that a firm had either impeded access to clean water or polluted a clean water supply, an issue raised in 20 per cent of cases [ 10 ] (para 27)”.

4. Articulating Human Rights and Environmental Accountability in the Absence of a Business, Human Rights and Environment Framework

4.1. developing joint human rights and environment transparency and due diligence standards, 4.2. climate litigation.

“This is an obligation of results as regards the Shell group’s activities. With respect to the business relations of the Shell group, including the end-users, this constitutes a significant best-efforts obligation, in which context RDS may be expected to take the necessary steps to remove or prevent the serious risks ensuing from the CO 2 emissions generated by them, and to use its influence to limit any lasting consequences as much as possible. A consequence of this significant obligation may be that RDS will forgo new investments in the extraction of fossil fuels and/or will limit its production of fossil resources. [ 149 ] (para 4.4.39)”.

5. Conclusions: Building the Foundations—Towards a Business, Human Rights and Environment Framework

Author contributions, institutional review board statement, informed consent statement, data availability statement, conflicts of interest.

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Martin-Ortega, O.; Dehbi, F.; Nelson, V.; Pillay, R. Towards a Business, Human Rights and the Environment Framework. Sustainability 2022 , 14 , 6596. https://doi.org/10.3390/su14116596

Martin-Ortega O, Dehbi F, Nelson V, Pillay R. Towards a Business, Human Rights and the Environment Framework. Sustainability . 2022; 14(11):6596. https://doi.org/10.3390/su14116596

Martin-Ortega, Olga, Fatimazahra Dehbi, Valerie Nelson, and Renginee Pillay. 2022. "Towards a Business, Human Rights and the Environment Framework" Sustainability 14, no. 11: 6596. https://doi.org/10.3390/su14116596

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This essay provides glimpses of the erosion of environmental human rights, and their revival and protection, in different sectors and sections of Indian society. It starts with a conceptual background to the issue, followed by the constitutional, legal, and historical context of the value of natural resources in human rights terms. The following chapters are arranged according to major ecosystems; this is because community livelihoods and cultures are predominantly organised according to the ecosystems and resources they depend on. These are succeeded by chapters that focus on the conflicts between dominant forms of 'development' and environmental rights. Finally, a detailed chapter goes into the actual and potential alternatives being adopted by various communities, such as the need to move towards an integration of deep ecological sensitivity and human values, rights and responsibilities - to inform our choice of human welfare and development strategies, and of economic and technological systems. Decentralised decision-making, access to information, respect for community-based and individual knowledge, recognition of the rights of other species, searching for local solutions to local problems, and educational systems that build ecological and human sensitivity, are some of the major elements of a sustainable future, which are discussed.

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9. Human rights and environmental issues

Notes Bibliography

VID VUKASOVIC

The relationship between the development of science and technology and human rights has already been on the agenda of various United Nations' bodies for two decades. Different aspects of the problématique have been studied and many reports produced. The purpose of this paper is not to trace the history of the United Nations' work on the questions or to dwell at length on the human rights probIématique, a field in which a rather rich literature exists. Its aim is to shed more light on the problem, primarily from the point of view of international law and the environment, having in mind the main goal of the study undertaken by the United Nations University in accordance with the invitation of the UN Commission on Human Rights (Res 1986/9).

HUMAN ABILITY TO DAMAGE THE ENVIRONMENT

We humans are, as Virginia W. Rasmussen put it, technological creatures and "tinkering is our nature." 2 Tinkering with nature is, unfortunately, not always done intelligently enough to avoid its impairment. People are not aware, or not aware enough, of the consequences of ecologically unsound activities. Many such activities, and primarily those linked to the improper use of science and technology, are going on in the world, causing deforestation, desertification, pollution of air, water, and land, damage to many plant and animal species and threats to other renewable as well as non-renewable resources of our planet.

Homo sapiens "has acquired the power to transform his environment in countless ways and on an unprecedented scale. Both aspects of man's environment, the natural and the man-made, are essential to his well-being and to the enjoyment of basic human rights - even the right to life itself." 3 W.J.M. Mackenzie wrote that "man had been too successful as an animal; . . . by his ever accelerating growth in numbers and skills he threatened his environment and therefore (as the laws of population ecology require) his own future as a species." 4 Man's ability to change his environment for better or for worse is, by the way, not a new development at all. Already prehistoric man could, by using fire for instance, drastically change his environment "intentionally or by accident." "The traces of man-made fires lie over the whole prehuman world." 5 it is not strange that modern archaeology is concerned, besides other things, with ecology.

THE ECOLOGICAL AWAKENING

The ecological awakening of the early 1970s which culminated in the United Nations Conference on the Human Environment, held in Stockholm in 1972, was the result of scientific research which proved that the state of our environment was to a lesser or higher degree impaired (in some cases alarmingly). The impact of this discovery was felt first in the academic community, but later on by others as well. Gradually, practically all scientists, most politicians and other decision-makers, as well as the general public, accepted the idea that our environment was in danger and that something had to be done. General legal principles (at least some of them) were relatively easily developed and accepted, at least formally. It was quite a different task, however, to undertake practical steps toward protection and improvement of the environment, on both national and international levels. Economic, political, military, and other interests often collided with the environmental issue. Besides, even scientists themselves had different views on the very complex problématique of environmental protection on one side and on the human rights problématique and other cognate domains on the other.

INTERRELATIONSHIP BETWEEN ENVIRONMENTAL REGULATION AND HUMAN RIGHTS

Our intention is certainly not to review the whole of environmental law, which has during the last two decades evolved into one of the most dynamic and expanding branches of international 6 as well as national law, but to reconsider only some problems which are more interesting than many others from the standpoint of the human rights problématique. It should be stressed, however, that all regulation in this field impinges directly or indirectly on human rights. It may be action against desertification, attempts to lessen or stop acid rain, better control of food production, efforts to make human settlements more habitable, or any other activity in the vast field of the environment, but it always protects or improves some human right.

Although this development has been rapid it is still inadequate in many fields, in spite of the fact that basic principles have been developed. Serious efforts at regulation in a more concrete way (by international conventions, by institutional arrangement, and in other ways) must be undertaken, on a global, regional, sub regional, or bilateral basis. That means more concrete legal regulation at all levels, as well as additional work on elaboration of basic principles, and in the first place of the principle of "liability and compensation for the victims of pollution and other environmental damage," as formulated in the Declaration of the United Nations Conference on the Human Environment (Principle 22). Besides that, it should be kept in mind that states are responsible not only towards other states and the international community as a whole, but also towards their own citizens, who have the right to a healthy environment.

The enjoyment of all human rights is closely linked to the environmental issue. Not only rights to life and health in the first place, but also other social, economic, cultural, as well as political and civil rights, can be fully enjoyed only in a sound environment. And certainly, to go to an extreme, they cannot be enjoyed at all if the environment becomes impaired beyond a certain critical level. The whole of mankind could in such a case perish together with all its civilization, including human rights. The worse the environment becomes, the more impaired are human rights, and vice versa. That is the reason why there is the need for sustainable development and that means, in the first place, ecologically sound development of economies, science and technology, and all other fields. This is a sine qua non for both protection of the environment and further promotion of human rights.

Besides the undeniable interdependence between the environmental issue and all human rights, a new human right - the right to an adequate environment - is emerging. This right, still not precisely formulated, appears in documents and in literature, in some cases as a collective and in other cases as an individual human right.

THE RIGHT TO AN ADEQUATE ENVIRONMENT

The right to an adequate environment or, as it is termed in some texts, a satisfactory environment, is one of the so-called third-generation or solidarity rights. It can be found in international documents of both a declaratory and formally binding nature, as well as in domestic legislative and other acts of a number of countries, including some constitutions. 7 The African Charter, for instance, proclaims that: "All peoples shall have the right to a general satisfactory environment favourable to their development." 8 In the Declaration of the United Nations Conference on the Human Environment (Stockholm, 1972) it appears, however, also as an individual right. The Declaration states that: "Man has the fundamental right to freedom, equality and adequate conditions of life in an environment of a quality that permits a life of dignity and well-being and he bears a solemn responsibility to protect and improve the environment for present and future generations." 9 It appears as an individual right also in the report of the World Commission on Environment and Development, which proposes, as one of the legal principles for environmental protection and sustainable development, that:

"All human beings have the fundamental right to an environment adequate for their health and well-being." 10 Finally, it should be noted that elements of this right can be found in the Universal Declaration of Human Rights, as well as in both Covenants, 11 although the environment as such is scarcely mentioned in the documents.

It should be added that individuals, as well as groups, not only have the right to an adequate environment, but also the duty to protect and improve the environment. They have this responsibility not only towards other individuals or the community in which they live but towards mankind as a whole and even "future generations." 12 It is a responsibility which certainly collides in many cases with the enjoyment of their other rights, be they common citizens or those who, as scientists, technicians, decision-makers or in any other way, are more closely linked to scientific or technological development, environmental protection, health protection, or other cognate fields.

DEFINITIONAL PROBLEMS

Many questions arise in connection with this right, when it is formulated as a collective right, and some of these questions are similar to the questions concerning other human rights of the so-called third generation In the first place it is not easy to see "how individuals can assert it against states, and so how it can be satisfactorily classified as a human right." 13 Besides that, we still do not have a precise definition of the right, whether as a collective right ("the right of all peoples," or of "people," or of all mankind, or of future generations) or as an individual right (right of man or of all human beings). Paul Sieghart believes that in the case of all "third-generation" rights, including the right to an adequate environment, "some formulation will have to be devised whereby each of them can be clearly seen to vest in individuals, to be exercisable by individuals, and to impose precise correlative duties on states so that it can then be interpreted, applied and enforced accordingly." 14 It is certainly true that further work on the "third-generation" rights is needed if we wish to improve the whole system of international legal protection of human rights.

Developments in the field of the environment, which are faster than in many other fields, will without doubt contribute to the establishment of a balance, as well as more links, between the first and second "generations" of human rights, as well as clarify the relation between individual human rights and the "third-generation" or collective rights. It is necessary to treat the whole problématique of human rights as a system in which all components are interrelated and play specific and functional roles. We stress the statement in the UN Declaration on the Right to Development that "equal attention and urgent consideration should be given to the implementation, promotion, and protection of civil, political, economic, social, and cultural rights and that, accordingly, the promotion of, respect for and enjoyment of certain human rights and fundamental freedoms cannot justify the denial of other human rights and fundamental freedoms." 15 Further development of the right to adequate environment will certainly contribute to these efforts.

One of the most important measures in the field of human rights is, without doubt, further work on a more precise definition of specific human rights, including the right to an adequate environment. Each of them must be explicitly defined, especially in national jurisdictions. While some human rights are relatively easy to define, others are not. The specific right to privacy, to mention only one example, "had not been explicitly defined in many countries." 16 Without setting precise definitions, efficient regulation by legal and other means is difficult, if not impossible, to imagine. It must be added that on the international level, when it comes to their definition, the rights which have newly emerged (like the right to adequate environment or the right to development) and emerging human rights deserve special attention. The work on definitions should be done not only by legal experts but by natural scientists, technicians, and other experts on a multidisciplinary basis. In many cases scientific and technical expertise is needed and various rules, such as ecological standards, are necessary as an addition to the more classical legal definitions and regulations.

THE COLLISION OF RIGHTS

The right to an adequate environment, by its very nature, is one of the rights colliding with other rights, in a certain sense actually playing the role of a controlling mechanism for the enjoyment of other rights. In a way it sets the functional limits of all other human rights, especially if the environment is defined in a broader sense, as we believe it should be. In short, if any human activity impairs the environment beyond a certain limit, it should be regarded as an activity producing negative results and be forbidden or changed until it ceases to produce such detrimental results. On the other hand, if human activities do not impair, or if they improve the environment, they should be regarded as beneficial.

INSTITUTIONAL MACHINERY

Efforts should be continued, especially within the United Nations system, for developing a more efficient machinery for implementation of human rights, on a universal as well as on a regional, subregional, and bilateral basis. That means that the United Nations should be more oriented to practical action, even before any more serious UN reorganization is undertaken. This does not mean, however, "that the legislative process in the field of human rights should be halted, if not ended" at this phase, as some authors believe. 17 It seems to us that even some classical human rights could be further developed and more clearly defined.

One of the reasons for this view is the necessity for better protection of human rights from the negative influence of the development of science and technology. Another reason, closely related to the first the impact of the environmental problématique. A third is its essentiality for the whole field of development. Besides, further development of the newly emerged human rights, for instance the rights to adequate environment and to development, certainly requires not only that they be more precisely defined but that they be legally regulated in a more concrete and efficient way. States should undertake a solemn obligation to take part individually and through international co-operation in promoting specific programmes and all other appropriate measures in the field of human rights, having in mind the use of science and technology for further protection and promotion of human rights, the environmental issue, and development in economic and other fields.

THE ROLE OF NON-BINDING DOCUMENTS

International documents of a non-binding nature play an important role in all fields of international relations, and the human rights problematique is not an exception. In many cases they can regulate international relations in a specific field de facto, although they are not formally binding. Besides, they often lead to a higher level of regulation, i.e. international treaties, institutional arrangements, etc. The International Declaration on Human Rights was followed, for instance, by the Covenants, and similar developments occurred in other fields. From that point of view the proposed Declaration on Human Rights and Scientific and Technological Developments 18 could be an important step towards better protection and promotion of human rights. It seems to us that such a declaration should contain, more or less, what has already been proposed by the group of experts convened by the United Nations in Geneva in September 1975, but that an additional effort should be made to link it more closely to development and the environment.

Naturally, one must always have in mind the other side of the coin More so-called soft law does not automatically mean more regulation and further progress in the field. In some cases, it leads to a proliferation of documents with very little or no importance at all, and it could even hinder the process of legal regulation. In other cases, however, including the fields of science, technology, the environment, and some other cognate domains, non-binding norms can be, if functionally well designed, very important and almost universally accepted and applied in such a way as to influence human rights beneficially. Good examples of such norms are formally non-binding ecological standards, 19 which are accepted by all or most interested states and other subjects of international law because it is in their interest to do so. The sanction for those who do not apply the standard becomes "functional." That means that the mere fact of not applying them can cause impairment of the environment, loss of profit, health problems, or even loss of life, lessening of political prestige, etc. If adequately set, they could represent an optimal mode of behaviour. In that way, although formally non-binding, they contribute to the protection of the environment, having a directly or indirectly positive impact on the protection and promotion of human rights.

MILITARY TECHNOLOGIES

Although this paper is not devoted to the military aspect of the problematique, a few words should be said. There is no doubt that the advancement of military technologies is one of the greatest dangers to all human rights, including the most basic right to life itself. The development of nuclear weapons, and other arms for mass destruction, as well as military technologies in general, poses a very serious threat to the environment and ipso facto to human rights, even if not used at all in war (radiation caused by nuclear tests, pollution produced by the military-industrial complex, impairment of the environment originating from military manoeuvres, etc). In the case of a large-scale use of such weapons, extinction of humankind as well as destruction of the environment, including all or most of life on planet earth, is possible. Production of various other kinds of sophisticated weaponry is in many cases meant more for domestic use (i.e. various kinds of oppression). Introduction of new technologies, be they new weapons or other police devices, used against criminals who by their illegal conduct are impairing the human rights of other members of society, is justified if based on legal procedures and obedience to democratic laws by police and other state services. It is, however, certainly not acceptable wherever such means are used for oppression, based on discrimination of any kind mentioned in Article 2 of both Covenants.

It would be ideal if we could achieve general and complete disarmament and use at least a part of the financial resources thus released "for comprehensive development, in particular that of the developing countries." 20 The realities of our time are not in favour of such an ideal solution. General and complete disarmament is still not a thing of the near future, but let us hope that the efforts which are being made will bring at least partial success, more efficient international control and better relations among the two opposing military blocs, as well as the end of various local armed conflicts. Otherwise, especially where nuclear and other weapons for mass destruction are concerned, our future, including further action for protection and promotion of human rights, will not be very bright.

It is interesting to mention, however, that the development of science and technology can help to a certain extent ever before total disarmament is attained. For instance, the "technical progress over the past two decades has reduced the prospects of purely accidental war." 21 The same progress, and especially the use of space technology for remote sensing of the earth, is already helping superpowers to control each other, and it will make possible, combined with inspections and other means, the control of any future disarmament plan. Finally, it is interesting to add that in some cases improvement of technology can, even in war, prevent unnecessary human losses and suffering. Joseph S. Nye Jr believes, for example, that the increase of accuracy with which weapons can be delivered "could to reduce reliance on battlefield nuclear weapons and on city-burning strategic weapons. " 22

ULTRA-HAZARDOUS ACTIVITIES

Another important issue covers all potentially very dangerous activities, usually called ultra-hazardous. They could cause (and in many cases have already caused) irreparable damage to the environment. They can cause even a global catastrophe, not only for reasons of technical inadequacy (technical failure of systems which are not well tested, not developed enough, hastily put in use, built without adequate security, etc.), but because of purely human factors like psychic stress, other psychic pathologies, and misperception for different reasons. Even accidents, like the recent disaster in Chernobyl, can give rise to these catastrophes. Very dangerous technologies, as well as scientific experiments, especially those done in vivo, should be legally, morally, and by all other means carefully controlled and, when necessary, forbidden. The faster the development of science and technology, the longer will need to be the list of the strictly prohibited activities.

While it is possible to control and to forbid ultra-hazardous technologies and other activities, the handling of the relevant knowledge itself is quite another question. It is evidently not easy nowadays to control much potentially dangerous knowledge, including the results of laboratory experiments, such as those done in vitro. Such knowledge, once attained, cannot of course be abolished, and is relatively easy, given place, means, and other circumstances (financial and otherwise) to apply in practice. This means that it could be relatively easily transformed into various means and techniques that could be used for military and other purposes hostile to the environment.

There are many questions in connection with this problem which are not easy to answer. Where, for example, does the freedom of scientific research end? Are all experiments In vitro acceptable? In short, where is the red line forbidding further tinkering with nature? It would be impossible, for instance, "to abolish nuclear knowledge without burning all books and all scientists. The prospect for that solution may have passed when the Pope failed to burn Galileo." 23

DUTY OF DISCLOSURE

One of the possibilities is to lay greater stress on the duty of both states (i.e. through public authorities acting on their behalf) and scientific researchers themselves "to contribute to the definition of the aims and objectives of the programmes in which they are engaged and to the determination of the methods to be adopted which should be humanely, socially, and ecologically responsible." 24 A very important issue in connection with this is the scientist's right to publish research results, including all results relevant to the state of the environment. People have the right to know the real state of the environment, 25 and any attempt of state authorities, industrial enterprises, research institutions, or anybody else to keep vital information secret, or not to disclose it completely, is without doubt a violation of human rights. It is especially so when the information is of crucial importance for human existence. 26

PROBLEMS OF DEVELOPING COUNTRIES

When it comes to the assessment and control of the development of science and technology, as well as environmental protection, developing countries are in a much worse position than the developed ones. First of all, as a rule, they do not have sufficient numbers of qualified scientists and other skilled personnel, and secondly they lack financial means and laboratory and other equipment. Besides, they do not co-operate sufficiently among themselves, in spite of all declarations to the contrary. In many developing countries the dangers arising from scientific and technological development are not per se regarded as a serious enough problem. Development is sometimes taken as a priority and an excuse for the massive impairment of the environment and violations of human rights. Many mistakes are made, including some of those already made by the developed countries long ago. Weak economies, unstable political systems, military adventures, nonexistent or bad environmental policies, unfavourable climate, the population "explosion," and many other factors only make the situation worse.

The developed countries, instead of increasing their efforts to help the developing countries in all possible ways to overcome their hardships and to make our world a better place for all, are often more interested in their own short-term interests. While giving some aid and financial assistance directly or through international organizations, they allow their firms, and especially some multinational corporations, to use the labour and natural resources of the third world without taking adequate measures for environmental protection. The work of the corporations, at least some of them, often impairs the environment even in the industrialized countries themselves. Their activities could be, as Capra wrote, "altogether disastrous in the third world. In those countries, where legal restrictions are often non-existent or impossible to enforce, the exploitation of people and of their land has reached extreme proportions." 27

It has been repeatedly stressed in many important international documents, 28 conferences, and other fore, and by distinguished experts, that major changes in international economic and other closely interrelated domains are needed. The World Commission on Environment and Development believes, for instance, that: "Two conditions must be satisfied before international economic exchanges can become beneficial for all involved. The sustainability of the ecosystem on which the global economy depends must be guaranteed. And the economic partners must be satisfied that the basis of exchange is equitable; relationships that are unequal and based on dominance of one kind or another are not a sound and durable basis for interdependence. For many developing countries neither condition is met. " 29 Both of the conditions should constitute basic elements of any new international economic order 30 any other serious attempt to change international economic relations in general so as to better and improve the position of developing countries in particular. The aim of this article is not to review various proposals for the introduction of a new international economic order, or other ideas for improving the position of developing countries, but primarily to stress the importance of the ecological issue as a basic prerequisite for both the improvement of the economic situation in the world and for the better protection and promotion of human rights.

DISADVANTAGED GROUPS

Certain groups (ethnic minorities, old people, children, people with impaired health, women, the poorest strata of society, etc.) are often endangered more than the rest of the population and therefore deserve special attention. Their rights are violated in many ways, sometimes by subtle means that are hard to detect, sometimes openly and ruthlessly. Not having sufficient financial, political, and other power, and being in some ways already underprivileged and discriminated against, members of the minority groups are, for instance, forced to live in the most polluted parts of cities, are less educated, cannot buy good food and usually consume various kinds of cheap industrially prefabricated "junk food." They are often addiction-prone (narcotics, alcohol, tobacco), are not able to take various steps for countering the negative effects of the development of science and technology (by consuming health foods, by better health care, and in many other usually costly ways), and are not able to protect their rights by legal means, even when such means exist in their society. It is evident, however, that legal means are not sufficient seriously to improve their lot and that other ways and means must be sought, from better education to better health and other services. Probably more important than all these is improvement of their economic, social, and political position in society.

TECHNOLOGY ASSESSMENT

It is evident that one of the basic tasks in the future regulation of this problématique should be further development of appropriate machinery, on both international and national levels, for the assessment of the development of science and technology. That means an approach which is as democratic and, at the same time, as professional as possible. This is not easy to achieve. It is for governments to develop appropriate mechanisms for this assessment (taking into account their domestic, legal, political, and general situation). Governments, especially those of developed countries, are trying to do this by resorting increasingly to the engagement of science and technology advisers. Such advisers already play an important role, even in the foreign policy decision-making processes. 31 At the same time traditional politicians and diplomats play an important role in the decision-making process on both the national and international scenes. The engagement of experts does not automatically solve all problems: in some cases the experts, as W.J.M. Mackenzie writes, "speak in fact for vested interests, or they may be totally at a loss and in hopeless disagreement." 32 Politicians, for their part, are not, as a rule, expert in science and technology, and are influenced, among other things, by "the demands of political survival." 33 All these factors, and many others, play a role in final decision-making in the field of science and technology.

Decisions concerning policy in the fields mentioned are at present usually made in the closed circles of various government offices, other official formal and informal groups and cliques, large industrial enterprises, etc. In most cases they are interested primarily in some kind of profit (financial, political, professional, etc.) while the interests of others, especially in the long term (other companies, other countries, population as a whole, mankind, future generations, etc.) are low on their priority lists. Technical élites, 34 closely linked with military, industrial, political, and other circles of power, are often reluctant to disclose their activities. Besides that, the very nature of the development in most fields of science and technology prevents most people even from understanding what is going on. Who is to control scientists and technicians in their highly specialized fields? The old Roman maxim, Quis custodies ipsos custodes , becomes more than ever real. It is evident that further democratization of the decision- and policymaking processes is the best means of, on the one hard, protecting human rights from the negative influences which could flow from the development of science and technology, and, on the other, increasing the beneficial impact of this development.

THE RIGHT TO PARTICIPATE

The right to participate, including the right to be informed (to seek and receive information), in all activities concerning the development of science and technology, as well as economic development, environmental protection, and other cognate fields, is of the utmost importance. "The voluntary and democratic involvement of people in contributing to the development effort" 35 by, among other things, taking part in decision-making, formulating policies, and controlling various activities, including those in the fields discussed in this article, is one of the ways to protect human rights from the negative influence of all kinds of deviations in policy-making. Various forms of participation, self-management systems, 36 referendums, special parliamentary commissions, public opinion, the mass media (and especially a concerned and inquiring press), professional associations (with their codes of professional ethics), ecological, pacifists and other movements, consumer associations, as well as other formal and informal groups and individuals (including scientists in their role as conscientious people acting independently of the establishment), are only some of the possible ways of making the decision-making process as open and as democratic as possible, and of creating "a beneficial framework for individual and group self-realization, as well as for the healthy connection between state and society." 37

There are many problems in connection with the democratization of the decision-and policy-making process. It is true, especially in developed countries, that, generally speaking, "people are sufficiently well educated" to take part in the process of defining goals of scientific and technological development. 38 In many cases, however, it is not easy to find experts impartial enough to judge and, if necessary, participate in the reassessment of a potentially dangerous technology or hazardous scientific experiment. This is especially the case in most developing countries, in which there are not enough experts even to properly assess imported foreign technology or chemicals, or to give advice on the extent to which an investment in industry would be environmentally sound. In fact, most developing, and in some fields even a number of developed countries, must rely on foreign expertise if they want to assess a technology or product, and since it is in the financial interest of foreign exporters - who come usually from developed but also from some developing countries - to show their otherwise polluting technology or unhealthy product in the best possible light, it happens that the experts asked to give their judgement are not always unbiased or entirely free of the possibility of bribery. One of the roles of international organizations, especially those belonging to the UN system, is to take part in the process of assessment, as well as to provide interested countries on request with all needed expertise for their development in science and technology and for environmental protection, in an impartial and professional way.

HUMANITARIAN LAW

The role of humanitarian law, as another autonomous branch of international law (much older, incidentally, than human rights law), should be given due regard. We share the opinion that "the links between human rights and humanitarian law are real and growing stronger." 39 In certain circumstances these two complementary, although still distinct, systems become "convergent and perhaps interpenetrating." 40 It is a fact that the International Committee of the Red Cross and the national societies of the Red Cross and Red Crescent, as well as the Henry Dunant Institute, are increasingly active in the field of human rights, not only in armed conflict but in areas such as health, education, the protection of victims of natural disasters, and the protection of the environment.

It must be noted that serious disasters caused by human activities could be, under certain circumstances, regarded as a "public emergency which threatens the life of the nation," recognized in the International Covenant on Civil and Political Rights (Article 4). Cases like the Chernobyl accident, and other serious industrial accidents which have occurred in recent years, show that such a possibility is unfortunately not merely theoretical. Certain derogations of human rights "strictly required by the exigencies of the situation" could be expected, and international law should guarantee that the derogation does not last longer than necessary and that it does not infringe some of the basic (or sacrosanct) human rights. International co-operation should in such cases play an important role in both the protection of victims of the disaster and in giving proper assistance to the stricken country. Humanitarian law and international humanitarian organizations will certainly play an important role in such situations and the process of further convergence between human rights law and humanitarian law will continue.

STRENGTHENING OF AGENCIES

The strengthening and better organization of the existing UN bodies, and especially the Commission on Human Rights and the Human Rights Committee, is needed. The establishment of a permanent institution for assessing the impact of science and technology on human rights remains certainly one of the important steps towards better implementation of the steadily growing body of human rights law in general. It is necessary, however, that such a future institution, if established, devote special attention to development as "a comprehensive economic, social, cultural, and political process," 41 as well as to environmental protection, which must naturally be done in co-operation with UNEP and other UN bodies.

Regional development deserves special attention, both from theoretical and practical points of view. Various groups of countries (West European, CMEA countries, American countries, etc.), linked by political, economic, territorial, and other ties, have been developing their own practices, as well as a theoretical base in the field of human rights, which certainly deserve further study and, whenever acceptable and desirable, transference to the universal level. Very interesting, indeed, have been developments on the basis of the European Convention for the Protection of Human Rights and Fundamental Freedoms (1950). In spite of the fact that the experiences of the West European countries, which share many political, economic, cultural, ideological, and other similarities, cannot be transferred automatically to others, they at least show that it is possible to improve international co-operation in the field of human rights by using legal means and procedures.

Finally, it is important to add that the experiences of various bilateral bodies, non-governmental organizations, national institutions and international, as well as national, professional associations could also make an important contribution to the development of the protection of human rights, as well as development in other fields, including the environmental issue, which are closely related to the human rights problématique.

IMPROVEMENT OF INTERNATIONAL RELATIONS THROUGH HUMAN RIGHTS CO-OPERATION

More intensive and constructive co-operation is needed in the field of human rights, in science and technology, in environmental protection and in all other cognate fields, as well as general improvement in international relations, as already mentioned. Besides the highly politicized, and without doubt important, questions of disarmament, economic relations, the position of developing countries, armed conflicts in various parts of the world, the situation in South Africa, etc., there are many other possibilities for improvement of international relations in the field of health protection, protection of the environment, and other cognate domains which are only seemingly "of a technical nature." Improvement of cooperation in these areas can make an important contribution in the field of human rights, as well as in other domains, and thus bring about the improvement of the international situation in general.

One of the most interesting and needed areas of possible improvement in international co-operation is comparative research on various aspects of the inequalities in health between different countries. There is a relative shortage of international studies of this kind, even where the developed countries are concerned, because of, among other things, the differences in the standard methods for measuring equality. 42 Standardization of these methods and more co-operation in this important field of research are needed.

There are other interesting cases of international "functional" co-operation 43 which contribute, to a lesser or greater degree, to the protection and promotion of human rights, and which are closely interlinked with both the development of science and technology and environmental protection. Any successful, or relatively successful, international programme of environmental protection - for example, the Mediterranean Action Plan and the activities concerning the implementation of the Convention on Long-Range Transboundary Air Pollution (Geneva, 1979) - not only makes an undoubted contribution to the protection of the environment in the narrow sense but also produces a beneficial influence in other fields, including political relations. Gradual development of international regimes, based on legal and other means, which "govern various dimensions of economic and social interdependence among states,'' 44 may reduce the degree of potential conflict and improve the overall co-operation among states.

The vast field of science and technology is certainly the most important of the above-mentioned dimensions of interdependence. The international legal regulation, as well as the regulation by all other acceptable means, of this complex field of activity is of crucial importance not only for international relations, but for the further development, and even survival, of mankind and perhaps all other living creatures on our planet. The closely interlinked human rights and environment problématique is certainly the most important dimension of the process. Without promotion of human rights, from the basic right to life to civil rights and fundamental freedoms and the right to an adequate environment, the development of science and technology cannot rest on firm ground. Only if applied in a humane (and that means, among other things, an ecologically sound) way will it serve its purpose.

INTERLINKAGE OF SUSTAINABLE DEVELOPMENT AND ENVIRONMENTAL ISSUES

The environmental issue undoubtedly adds a new dimension to the problématique of human rights. In the first place, it shows once again that all human rights are closely interlinked, and, secondly, that the problématique of human rights is inseparable from practically all other processes in human society, and especially from economic development and the progress of science and technology. The main conclusion - that the most acceptable model of further development of human society is the model of sustainable development - has its roots primarily in the environmental issue. Policy in all fields of human activity must be environmentally sound. This is especially so in the field of human rights, which cannot be enjoyed without an adequate environment. Further development of science and technology will be beneficial to human society (i.e. it will further promote human rights) only if it is environmentally sound. Besides that, the environmental issue shows in a very clear way that all human rights should be regulated and enjoyed in a balanced way, or to put it better, in a sustainable way. That means that civil and political rights, on the one hand, and economic, social, and cultural rights on the other are needed equally and should be protected and promoted by all means. Finally, the rapid development of environmental law, together with the closely interlinked, and dialectically inseparable, law of sustainable development, are contributing to the development of international law in general and especially human rights law. We fully agree with the statement of His Excellency Judge Nagendra Singh that the efforts of the World Commission on Environment and Development to, inter alia "forge and develop the law governing the environment. . . opens up a new chapter in the history of international law." 45 This is so because that effort succeeded in efficiently combining environment and development in the concept of sustainable development.

Naturally, this ecological and holistic view collides with many present human activities, especially in the field of science and technology. A good deal of what is nowadays regarded as the "progressive development of science and technology" has to be reconsidered and changed or entirely stopped. That means also that a good deal of economic activity must be transformed into what is ecologically sound and socially and politically acceptable. Besides that, many other activities, including lifestyles, should be changed, especially in the developed parts of the world. All this, we are aware, is not easy to attain, especially in the short run. The realities of our world will allow only a slow, step-by-step approach but that does not mean that the distant goal of a more ecologically, economically, morally and politically sound, and ipso facto a more just, world order should not be sought.

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Human Rights and the Environment

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The field of human rights and the environment has grown phenomenally during the last few years and this textbook will be one of the first to encourage students to think critically about how many environmental issues lead to a violation of existing rights.

Taking a socio-legal approach, this book will provide a good understanding of both human rights and environmental issues, as well as the limitations of each regime, and will explore the ways in which human rights law and institutions can be used to obtain relief for the victims of environmental degradation or of adverse effects of environmental policies. In addition, it will place an emphasis on climate change and climate policies to highlight the pros and cons of using a human rights framework and to underscore its importance in the context of climate change. As well as identifying emerging issues and areas for further research, each chapter will be rich in pedagogical features, including web links to further research and discussion questions for beyond the classroom.

Combining their specialisms in law and politics, Atapattu and Schapper have developed a truly inter-disciplinary resource that will be essential for students of human rights, environmental studies, international law, international relations, politics, and philosophy.

TABLE OF CONTENTS

Part | 2  pages, introduction and evolution, chapter | 32  pages, human rights and environmental protection, chapter | 28  pages, emergence of a human right to a healthy environment, chapter | 22  pages, pros and cons of a human rights-based approach to environmental protection, regional systems of human rights, human rights of special relevance to environmental protection, chapter | 20  pages, substantive rights, chapter | 25  pages, procedural rights, chapter | 21  pages, constitutional developments, selected national cases, climate change and human rights, chapter | 26  pages, from unfccc to paris agreement, chapter | 18  pages, social movements and civil society, vulnerability and climate change, mitigation, adaptation, and loss and damage, emerging issues related to environmental rights, extraterritorial application of environmental rights, chapter | 17  pages, business, human rights, and the environment, chapter | 15  pages, inter-generational rights, animal rights, and rights of nature and ecosystems, chapter | 9  pages, human rights and the environment.

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