Environmental Rights: Critical Perspectives

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Does the concept of 'environmental rights' have any value? Environmental Rights offers new perspectives on contemporary debates over rights and environmental issues, criticising the traditional anthropocentric formulation and the view that it is meaningful to speak of environmental rights as a sub-set of human rights, infringed when individuals experience an environmental quality falling below a recognised standard. Drawing on key theories of contemporary philosophers and jurists, as well as case reports from judicial decisions in English, European and US courts, the book examines recent developments within environmental law and policy in the United Kingdom and the European Union. Specific rights of the individual are examined - the right to clean air and water, access to information, the right to participate in environmental decisions - as well as practical obstacles to the exercising of such rights, including problems of scientific evidence, high cost of litigation, and legal recognition of environmental pressure groups. Christopher Miller concludes that the environment does not lend itself to a rights discourse, but rather to one which stresses the important duties which individuals must assume if environmental threats to human welfare are to be averted.
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Product Details

  • ISBN-13: 9780415170642
  • Publisher: Taylor & Francis
  • Publication date: 8/10/1998
  • Pages: 248
  • Lexile: 1660L (what's this?)
  • Product dimensions: 6.00 (w) x 9.00 (h) x 0.69 (d)

Table of Contents

List of illustrations
Table of statutes
Table of European Directives
Table of European Regulations
Table of Articles of Treaty of Rome (as amended)
Table of cases: England and Wales
Table of cases: European Court of Justice
Table of cases: European Court of Human Rights
Table of cases: USA and Canada
1 The concept of an 'environmental right' 1
2 Has the European Union conferred 'environmental rights' on its citizens? 23
3 Town and country planning 46
4 Do we have a right 'to breathe clean air'? 72
5 A right to clean water? 93
6 Radiological protection 116
7 The erosion of property rights 143
8 Landscapes, species and habitats 159
9 Are ecocentric rights so very different? 176
Notes 188
Name index 212
Subject index 214
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