THE SYSTEM OF INTERNATIONAL LEGAL INSTRUMENTS FOR ENSURING THE HUMAN RIGHT TO A HEALTHY ENVIRONMENT
DOI:
https://doi.org/10.51788/Keywords:
Framework Convention on Climate Change, Paris Agreement, Convention on Biological Diversity, Basel Convention, Stockholm Convention, Minamata Convention, Vienna Convention on the Ozone Layer, Montreal Protocol, environmental interpretation of rights, human right to a healthy environmentAbstract
This article presents a comprehensive analysis of the system of universal international legal instruments designed to ensure the human right to a healthy environment. The study examines both foundational United Nations human rights documents that have received environmental interpretation through the practice of treaty bodies, and specialized multilateral environmental conventions. Particular attention is devoted to climate agreements, conventions on biodiversity, transboundary environmental impact, and hazardous substances. The article traces the evolution of approaches from the indirect protection of environmental rights through classical human rights norms towards the explicit recognition of the nexus between human rights and the environment in the 2015 Paris Agreement. The research encompasses the role of regional human rights courts in developing environmental jurisprudence, as well as mechanisms for implementing international obligations at the domestic level. A systematic approach to the application of diverse international instruments is emphasized as essential for achieving comprehensive protection of environmental rights. The study concludes that, despite the absence of a single universal treaty explicitly enshrining the right to a healthy environment, a multi-layered system of international agreements has emerged that ensures the holistic protection of this right through the integration of international environmental and human rights law norms. The findings contribute to the theoretical foundations of international environmental law and human rights scholarship.
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