Learning from Environmental Justice: A New Model for International Environmental Rights

Jan 25, 2005

This article appeared in the Summer 2004 issue of the Stanford Environmental Law Journal and is reproduced here with permission. To read it in its entirety (PDF: 74 pages, 860 KB), click the "download" link at the bottom of this page.

ABSTRACT
International environmental justice problems present difficulties for courts and advocates seeking to characterize them. These situations are not only factually complex, but also occur at the intersection of environmental, human rights, and anti-discrimination law. This article begins by exploring this categorization dilemma; it considers the limitations of applicable international law, the varying sovereignty regimes, and the resultant jurisprudential inconsistencies. It then draws from U.S. environmental justice advocacy to propose a model for approaching the application of international human rights law to instances of environmental injustice. The model considers the nature of the environmental harm to victims, the relationship between the polluter and the victim, and the evidence of discrimination.

The article concludes by applying this model to sixteen international, regional, and domestic cases in which judicial resolution has occurred in order to analyze how existing international law could address these situations more effectively, and propose future directions for legal development.

You may also like

MAR 28, 2024 Podcast

The Humanization of Warfare: Ethics, Law, and Civilians in Conflict

This panel explored emerging ethical and legal questions surrounding the humanization of warfare, touching on issues of international law, just war, and civilian protection.

MAR 28, 2024 Video

Unlocking Cooperation: The Global South and Global North

In the inaugural panel of the "Unlocking Cooperation" series, Ramu Damodaran leads a discussion on forging a path forward for Global South/North collaboration.

MAR 27, 2024 Article

The Specter of EMP Weapons in Space

Visiting Fellow Zhanna Malekos Smith details the danger of electromagnetic pulse weapons. How can nations protect themslves from this catastrophic threat?

Not translated

This content has not yet been translated into your language. You can request a translation by clicking the button below.

Request Translation