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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 Law and Human Rights in the Asia-Pacific

Environmental Law and Human Rights in the Asia-Pacific

Chapter:
(p.134) (p.135) 5 Environmental Law and Human Rights in the Asia-Pacific
Source:
Environmental Law Dimensions of Human Rights
Author(s):

Ben Boer

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198736141.003.0006

This chapter explores the links between human rights and environmental law in the Asian and Pacific regions. It discusses the development of a substantive right to the environment and the ways in which this right has been recognized at regional and national levels. It canvasses procedural aspects, including access to information, participation in environmental decisions and access to justice. While most countries in these two regions are members of the global human rights treaties, implementation of those instruments remains underdeveloped. The right to environment is also explored. Despite low levels of implementation of environmental protection in some countries, the courts have been able to achieve significant environmental outcomes by using national constitutional provisions such as the right to life. Progress has been made in the development of closer links between human rights and the environment in the Asia-Pacific region, but the situation remains patchy compared with other regions.

Keywords:   human rights and environmental law links, recent developments, Asia-Pacific, new instruments, ASEAN Declaration, right to environment, constitutions, legislation, case law, future convergence

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