The Concept of Development in the Evolution of International Environmental Law: In Search of a Human Face in Protecting the Planet (original) (raw)
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The Right to Development in the Era of Sustainable Development: A Legal Appraisal
37th IBIMA Conference Proceedings, 2021, Cordoba, Spain, 2021
In the context of globalization, to overcome various economic, social, cultural, and humanitarian dilemmas, the most influential international intergovernmental organization, United Nations has proposed a new interdisciplinary paradigm related to the right to development within the overview of initiatives regarding sustainable development. Precisely United Nations' activities have captivated the interest of legal academics and practitioners to analyze in their scientific demarche, as is done in the current paper, the impact of this new paradigm over its beneficiaries: individuals and the global community. Subsequently to the clarification of the essential concepts like as "development", "sustainability" and "sustainable development", according to the parameters of legal descriptive research, it seems appropriate to bring to attention the relevant legal framework related to the right to development, with references both to the hard law-such as United Nation Charter, International Covenant on Social, Economic and Cultural Rights, International Covenant on Civil and Political Rights-and to soft law-such as Declaration on the Right to Development, Rio Declaration on Environment and Development, The 2030 Agenda for Sustainable Development. Within the frame of the legal conceptual analyses, the interpretation of the United Nations' regulations offers the perfect reasoning to emphasize, in an innovator approach, the plurality of dimensions of the right to development-social, economic, cultural, politic-which might be revealed by its heterogeneous implementation in different fields of activity, and the principle of interdependence with other human rights, to propose, as personal initiative, the recognition of its sui generis nature and character, thanks to its continuous extension following the evolution of the global community. Based on the same United Nations legal framework and its accordance with current and future desirable moral, political, economical aims, operating with the evaluative method, it is demonstrated that, for satisfying guarantees of promotion and protection of the human rights, generally, and right to development, specifically, States have to be more determined to assume the collective commitments recommended by United Nations and to fulfill intricate duties related to the joint interaction of the right to development with other rights in the context of sustainable development as currently is expressed by and within the global community.
2011
This paper contains an analysis of developments in international and national human rights law on the links between human rights and the environment, as submitted to the United Nations High Commissioner for Human Rights in respect of her 2011 analytical study. The UNHCHR has published her final study on "Human Rights and the Environment" in December 2011 under UN Doc. A/HRC/19/34. This paper, submitted by the Dutch Section of the International Commission of Jurists (NJCM) as input for the study, puts forward the argument that currently there are a number of links established and recognized in respect of human rights and the environment, i.e. as relating to a) the recognition of environmental protection as a prerequisite for full human rights enjoyment; b) the use of human rights to improve environmental protection; c) the recognition and existence of a separate human right to the environment as such; d) the interrelatedness of human rights and environmental protection through the concept of 'sustainable development' e) the interrelatedness of human rights and environmental protection through the concept of human duties for environmental protection - as enshrined in many domestic constitutions. Overall - on the basis of an analysis of current human rights case-law available at the European level specifically and an elaborate research of constitutional provisions on the right to a healthy environment nationally, both annexed to the paper - the authors specifically emphasize the importance and viability of pursuing an internationally recognized right to a healthy environment, and support a new mandate for a UN Special Rapporteur on Human Rights and the Environment. (An independent expert was appointed by the UN in 2012). Obtain Full Document through my SSRN Page. Number of Pages in PDF File: 43 Keywords: human rights, environment, right to a healthy environment, international law, European Convention on Human Rights
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More recently, increased attention has been given to the environment at both national and international levels. This development, particularly the link between human rights and the environment was a notable development of the late 20th century. This was a response to the growth in the magnitude and awareness of environmental degradation throughout the world. The impact of climate change, global warming, and loss of biodiversity on the environment is enormous and constitute a massive threat to both present and future generations. It is imperative to protect the environment as well as the right that depends on it if sustainable developments are to be achieved. Several jurisdictions across the globe are currently applying a rights-based approach to environmental protection, a trend that has been termed the 'environmental rights revolution'. Several supranational and international human rights bodies, especially UN treaty bodies, have also taken the bull by the horn by addressing these environmental issues in their decisions, comments, advisory opinions, and rulings. This article examines the contributions of the UN human rights bodies and their efforts in addressing the environmental imbroglios that are threats to human existence.
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The conceptual and legal relationship between human rights, human development and environmental protection is not a straightforward one. The 2030 Agenda for Sustainable Development and the Paris Climate Agreement adopted in 2015 link improvements in human development to human rights and to mitigating global changes in climate and the environment. The UN Declaration on the Right to Development (UNDRTD) adopted in 1986, however, does not include any explicit obligation to protect the natural environment, and to contribute to the provision of global environmental goods. The article explains how global environmental change is defined, how it is linked with human development and how it manifests itself. Then, the article takes a closer look at the UNDRTD and how it could be linked with global environmental change. Finally, the article proposes two concepts that could help to situate the UNDRTD within the challenges of the twenty-first century as exemplified in the 2030 Agenda. First, humanity should be introduced as a third category of right-holders (in addition to individuals and groups). This would include future generations more explicitly than now and put the relationships between species or life-forms as interdependent parts of the web of life into focus. Second, therefore, the rights of life forms should be established to transcend the conceptual boundaries of human rights and develop norms that govern the interdependencies between humans as well as plants and animals in the broadest sense.
Jurnal Hukum Novelty, 2019
Introduction to The Problem: The Sustainable Development Goals or SDGs are development goals in 2030 to carry out environmentally sound development, which explicitly aims to carry out development that is to meet environmental sustainability and is based on human rights. It is also an adaptation of the principles of the Stockholm Declaration 1972. Purpose/Objective Study: This research is to find the principles of environmentally sound development, both within the principles of international law and the SDGs principles, that are expected in future development policies to be carried out in the perspective of the right to the environment, both the central and regional governments. Design/Methodology/Approach: In this doctrinal law research, it is examined using the conceptual approach contained in the principles of development and environmental principles contained in the substance of international law. Findings: In the principles of international law, there are seven principles of sustainable development goals agreed by the international community in the Rio Conference as a guideline in implementing equitable development based on human rights, which also must be guided by the targets of sustainable development within the SDGs.