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Towards the Environmental Minimum
Environmental Protection through Human Rights

$140.00 (C)

  • Date Published: September 2021
  • availability: Available
  • format: Hardback
  • isbn: 9781108835145

$ 140.00 (C)
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About the Authors
  • Pervasive environmental harm that disproportionately impacts vulnerable members of society is left largely unregulated across the globe despite existing legal commitments to human rights and environmental protection in many states. To address this shortcoming, Stefan Theil proposes a new normative framework for environmental protection through human rights law. In clear and accessible prose, he demonstrates how such a human rights-based approach can strengthen environmental protection without requiring radical departures from established protection regimes and legal principles. The environmental minimum developed in the book translates the general and abstract commitments of states into specific and practical measures that protect the environment. The framework develops the doctrine of international, regional, and domestic courts, analysed through an innovative approach that improves contextual awareness. This book is thus a valuable resource for lawyers, social scientists, political theorists, environmental and human rights advocates.

    • Argues that a human rights-based framework can strengthen environmental protections
    • Explores why pervasive and worldwide environmental harm is left largely unregulated despite commitments to human rights
    • Explores all major international and regional protection regimes, including Germany and South Africa as two models for constitutional commitments to environmental protection
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    Product details

    • Date Published: September 2021
    • format: Hardback
    • isbn: 9781108835145
    • length: 416 pages
    • dimensions: 235 x 158 x 25 mm
    • weight: 0.63kg
    • availability: Available
  • Table of Contents

    1. Introduction
    Part I. Introducing the Environmental Minimum:
    2. Environmental human rights
    3. The environmental minimum
    Part II. The Environmental Minimum under the ECHR:
    4. Specific risk principle
    5. Reasonable hypothesis
    6. Minimum standards
    7. High priority
    Part III. Beyond the European Convention:
    8. International protection regimes
    9. Environmental constitutionalism
    Part IV. Beyond Human Rights Law:
    10. Environmental regulation
    11. International environmental law
    12. Conclusion and outlook.

  • Author

    Stefan Theil, University of Oxford
    Stefan Theil is a Postdoctoral Research Fellow at the Faculty of Law, University of Oxford. He teaches and conducts research in public and constitutional law, environmental law, European Union Law, as well as human rights, with a particular focus on freedom of expression. He writes and blogs frequently on current legal developments, often drawing comparisons between legal systems and reflecting on deepening European integration.

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