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2 - Horizons of Synergy

Adjudicating Environmental and Human Rights Protection

from Part I - Constructing Synergies: Framing the Environment–Human Rights Interface

Published online by Cambridge University Press:  20 October 2022

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

This chapter provides an overview of key judgments by international courts and tribunals dealing with environmental and human rights protection. It focuses mainly on regional human rights courts to show how environmental protection has been dealt with under these mechanisms. The objective is not to offer a comprehensive analysis of the environmental jurisprudence of these judicial mechanisms, but to signal how a specific synergistic and anthropocentric framing of environmental protection emerged in catalytic judgments. A particular narrative of how the protection of the environment would benefit human rights – especially the right to health, to life and to adequate living conditions or family life, as well as the right to private property and the right to (ancestral) land – was produced and consistently re-affirmed through judicial cross-referencing. This was done by pointing out how environmental harms and ecological deterioration and pollution directly hamper human rights, including those of indigenous peoples and cultural minorities. In so doing, courts played a pivotal role in strengthening environmental protection in relation to human concerns, thereby also consolidating a particular representation of how a protected environment serves human interests and needs. A specific anthropocentric and synergistic understanding of the human–environment is thereby enacted and reenforced.

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Chapter
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When Environmental Protection and Human Rights Collide
The Politics of Conflict Management by Regional Courts
, pp. 56 - 79
Publisher: Cambridge University Press
Print publication year: 2022

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  • Horizons of Synergy
  • 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/10.1017/9781009026659.004
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  • Horizons of Synergy
  • 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/10.1017/9781009026659.004
Available formats
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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.

  • Horizons of Synergy
  • 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/10.1017/9781009026659.004
Available formats
×