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Introduction

Published online by Cambridge University Press:  20 October 2022

Marie-Catherine Petersmann
Affiliation:
Universiteit van Tilburg, The Netherlands
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Summary

This introduction lays out the context, scope, theoretical framework, core arguments and structure of the study. It problematises the focus on synergies between environmental protection and human rights in existing literature, and emphasises the importance of retrieving, exploring and critically unpacking the conflicts that underpin this relationship. The analysis introduces the central interrogation of the book: how environmental protection laws can collide with human rights concerns, and how regional human rights courts balance individual or collective human rights against the interest in environmental protection, when environmental protection and human rights collide. Several sub-questions unfold from this main interrogation. How do regional human rights courts address, conceive of and frame conflicts with environmental laws, many of which include considerations that are part and parcel of existing human rights? Which conflict-management techniques and argumentative strategies do they employ to settle such trade-offs? And what does this tell us about how the environment is represented, and how its protection is legally justified in relation to human concerns? The summary of the main findings of the book lay bare the importance of the project, the gaps it aims to fill, and how these novel insights reconfigure the relationship between environmental protection and human rights.

Type
Chapter
Information
When Environmental Protection and Human Rights Collide
The Politics of Conflict Management by Regional Courts
, pp. 1 - 14
Publisher: Cambridge University Press
Print publication year: 2022

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  • Introduction
  • Marie-Catherine Petersmann, Universiteit van Tilburg, The Netherlands
  • Book: When Environmental Protection and Human Rights Collide
  • Online publication: 20 October 2022
  • Chapter DOI: https://doi.org/10.1017/9781009026659.001
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  • Introduction
  • Marie-Catherine Petersmann, Universiteit van Tilburg, The Netherlands
  • Book: When Environmental Protection and Human Rights Collide
  • Online publication: 20 October 2022
  • Chapter DOI: https://doi.org/10.1017/9781009026659.001
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Introduction
  • Marie-Catherine Petersmann, Universiteit van Tilburg, The Netherlands
  • Book: When Environmental Protection and Human Rights Collide
  • Online publication: 20 October 2022
  • Chapter DOI: https://doi.org/10.1017/9781009026659.001
Available formats
×