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Environmental Law Dimensions of Human Rights$
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Ben Boer

Print publication date: 2015

Print ISBN-13: 9780198736141

Published to Oxford Scholarship Online: April 2015

DOI: 10.1093/acprof:oso/9780198736141.001.0001

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Environmental Jurisprudence of the European and Inter-American Courts of Human Rights

Environmental Jurisprudence of the European and Inter-American Courts of Human Rights

Comparative Insights

Chapter:
(p.69) 3 Environmental Jurisprudence of the European and Inter-American Courts of Human Rights
Source:
Environmental Law Dimensions of Human Rights
Author(s):

Riccardo Pavoni

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198736141.003.0004

This chapter discusses several critical aspects of the environmental jurisprudence which has emerged in the European and Inter-American human rights systems. Despite the present quantitative and qualitative differences, the chapter aims to determine whether the doctrines developed by the regional courts overseeing the systems in question militate in favour of a future, broad convergence of the respective case law relevant to environmental protection. The chapter first assesses the inter-American case law relating to participatory environmental rights. The main lessons to be learned by the European system from its inter-American counterpart arise in the area of participatory environmental rights. Next, the chapter explains why, despite certain ambiguities emerging from relevant practice, the inter-American system is decidedly more prone to public interest environmental litigation than its European equivalent. This sets the stage for the ensuing appraisal of certain environmental landmarks that characterize the inter-American jurisprudence on indigenous peoples.

Keywords:   human rights systems, jurisprudence, European and Inter-American comparisons, convergence, procedural dimensions, participatory requirements

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