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4 - Specific Risk Principle

from Part II - The Environmental Minimum under the ECHR

Published online by Cambridge University Press:  27 August 2021

Stefan Theil
Affiliation:
University of Oxford
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Summary

The chapter introduces the doctrinal data analysis to explore the compatibility of the ECHR with the specific risk principle of the environmental minimum. The specific risk principle is the trigger of the environmental minimum framework, determining whether the minimum standards of review apply to a given environmental harm. The principle requires that an environmental harm is successfully linked to a threat to a specific human right recognised under the invoked protection regime. Compatibility with the ECHR can be determined through the extent the doctrine of the Court subscribes to two key claims: (1) in principle, any environmental harm can give rise to infringements of Convention rights; and (2) environmental harm has been successfully linked to the Convention rights and led to findings of violations in the past. The chapter concludes that, notwithstanding some inconsistencies in earlier cases, the prevailing ECHR doctrine is compatible with the environmental minimum to a significant extent.

Type
Chapter
Information
Towards the Environmental Minimum
Environmental Protection through Human Rights
, pp. 123 - 155
Publisher: Cambridge University Press
Print publication year: 2021

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  • Specific Risk Principle
  • Stefan Theil, University of Oxford
  • Book: Towards the Environmental Minimum
  • Online publication: 27 August 2021
  • Chapter DOI: https://doi.org/10.1017/9781108891769.006
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  • Specific Risk Principle
  • Stefan Theil, University of Oxford
  • Book: Towards the Environmental Minimum
  • Online publication: 27 August 2021
  • Chapter DOI: https://doi.org/10.1017/9781108891769.006
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.

  • Specific Risk Principle
  • Stefan Theil, University of Oxford
  • Book: Towards the Environmental Minimum
  • Online publication: 27 August 2021
  • Chapter DOI: https://doi.org/10.1017/9781108891769.006
Available formats
×