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Constitutional Environmental Rights$
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Tim Hayward

Print publication date: 2004

Print ISBN-13: 9780199278688

Published to Oxford Scholarship Online: July 2005

DOI: 10.1093/0199278687.001.0001

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The Case for a Human Right to an Adequate Environment

The Case for a Human Right to an Adequate Environment

(p.25) 1 The Case for a Human Right to an Adequate Environment
Constitutional Environmental Rights

Tim Hayward (Contributor Webpage)

Oxford University Press

Argues that a right to an adequate environment is a genuine human right. After indicating the scope of the right, it defends this proposition against sceptical counterarguments. Clarifies how the question of its genuineness includes both moral and legal considerations. Regarding the moral case, it shows that the right to an adequate environment meets each test of genuineness that can reasonably be proposed. Regarding the status of the right in international law, it suggests there is sufficient evidence to claim that the right is in the process of emergence internationally, and that its further consolidation can reasonably be expected.

Keywords:   duties, human rights, international law, legal rights, moral rights, right to an adequate environment

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