Environmental Protection and Human Rights

Code Cours
1920-FDL-LAW-EN-5024
Langue d'enseignement
Français, Anglais
Ce cours apparaît dans les formation(s) suivante(s)
Responsable(s)
Silvia BARTOLINI
Période

Présentation

Prérequis

Students need to prepare beforehand, on the basis of the material that I will personally upload on Moodle. The relevant materials will consist of case law and academic articles.


Objectifs

The connection between environmental and human rights law is first and foremost factual. Whilst it is true that the Universal Declaration on Human Rights, the 1966 Covenants and the European Convention on Human Rights make no direct reference to the protection of the environment as such, a ‘decent’ environment is the prerequisite for the enjoyment of some of the most important human rights, i.e. the right to life and health. The objective of the class is to identify and discuss some aspects of the link between environmental law and human rights in substantive and/or procedural terms.


At the end of the course, the student should be able to:


1) Discuss the links between environmental/climate change and human rights;


2) Identify the critical aspects underpinning access to justice and effective judicial protection;


3) critically assess the case law of both International and European adjudicators.


Présentation

Lecture 1: will provide a comprehensive analysis of how environmental and climate law has evolved throughout the last decades and establish a link between environment and human rights. In particular, it will focus on the effects of climate change on human rights and the obligations of governments and private actors with regards to the implications of climate change.


Lectures 2 & 3: will discuss climate-induced migration. Although environmental changes influence human mobility, it is difficult today to define or even categorise environmental migration. Neither human rights law nor international refugee law currently contains direct protection for persons or groups made vulnerable by the effects of climate change. Lectures 2 & 3 will try to characterise environmental migration and discuss the urgent need - at both international and European level – to build up a comprehensive legal response(s) to the displacement of people caused by the effects of climate change.


Lecture 4 will discuss the link between human rights, environmental degradation and corporate conduct. On the basis of Elisa Morgera’s article, Benefit Sharing and Corporate Accountability, in “Environmental Law Dimensions of Human Rights” edited by Ben Boer, (2015) Oxford University Press, lecture 4 will trace the link between environmental damage caused by corporate misconduct and human rights. In this context, it will further discuss the development of international standards on corporate accountability under the Convention on Biological Diversity, particularly with regards to indigenous people and local communities. Is there a solid ground upon which private companies could - instead of causing irremediable damage to the environment and to human rights - contribute to environmental protection and more generally to sustainable development?


Lecture 5 will discuss how the Inter-American Court of Human Rights and the European Court of Human Rights ensure environmental protection. Environmental practice has evolved before both human rights adjudicators from an evolutionary and dynamic interpretation of rights guaranteed under their judicial system. Lecture 5 will focus on the ongoing dialogue and cross-fertilization between the two courts and discuss cases related to participatory environmental rights.


Lecture 6 will analyse the locus standi of both individuals and environmental organizations before the Court of Justice of the EU in environmental matters. It will trace the evolution of the Court’s approach back to the ‘60 where it established the so-called Plaumann doctrine, which was automatically transposed to environmental matters with the consequence of environmental organisations not having any possibility to bring a case under Article 263 TFEU before the Court’s jurisdiction. It will be discussed how the Court has tried to provide a less restrictive interpretation of conditions for the locus standi in order to ensure more effective judicial protection.


Lecture 7 will explore the links between human rights and environmental law in the Asian and Pacific regions. It will discuss the development of a substantive right to the environment and how this right has been recognized at regional and national levels. Although it is true that most countries of these two regions have not sufficiently implemented environmental protection, the courts have nevertheless achieved several environmental outcomes that are worthwhile to explore.


Lecture 8: Revision.



Modalités

Modalités d'enseignement

The students will be called to actively participate in class. Every week they will present/discuss a specific topic, in the form of a judgment or academic article and answer questions from the floor. The presentation will count 50% of the final mark.

Évaluation
Examen : coeff. 1

Ressources

Bibliographie

Environmental Law Dimensions of Human Rights” edited by Ben Boer, (2018) Oxford University Press and “Research Handbook on Climate Change, Migration and the Law” (2015) edited by B. Mayer and F. Crépeau. The relevant book chapters, articles and case law will be uploaded every week on Moodle or transmitted via email to the students.||