The Right to a Healthy Environment in and Beyond the Anthropocene: A European Perspective

In light of the UN General Assembly’s recognition of the human right to a clean, healthy, and sustainable environment, this erudite book presents in-depth analyses of the concrete operationalization of this right at the regional, national, and international level. The book delves into the question of how to operationalize a global recognition of the right to a healthy environment in and beyond the Anthropocene, an era characterized by significant heatwaves, droughts, pollution and biodiversity loss. Focusing on the interplay between EU environmental law, the European Convention on Human Rights, and the right to a healthy environment, it presents practical case studies to take stock of contemporary lessons and experiences regarding the application of this right in a European context. Chapters explore both the theoretical foundations and novel paradigms of environmental law, including rights of nature, animal welfare, climate change litigation, and civil disobedience, offering a unique insight into the future directions of the right to a healthy environment in the 21st century. Scholars and practitioners of environmental law will find this book to be an invaluable resource. Its astute analysis of recent court cases and litigation strategies will appeal to human rights advocates, NGOs, and political organizations invested in enhancing sustainable environmental governance from a human rights perspective.

Table of Contents:
Contents: Introduction: the right to a healthy environment revisited as a necessary leverage point in times of climate crisis in Europe and beyond? 1 Hendrik Schoukens and Farah Bouquelle PART I REPOSITIONING THE RIGHT TO A HEALTHY ENVIRONMENT IN A CHANGING INTERNATIONAL CONTEXT: OVERARCHING CONCEPTUAL AND LEGAL QUESTIONS 1 A half-century journey of human rights and the environment in the international arena: from separation to integration 34 Meng Zhang 2 Greening the European Convention on Human Rights: how to determine the substance of environmental human rights? 53 Laurens Lavrysen 3 Strengthening the link between human health and biodiversity 72 An Cliquet and Frank Maes PART II THE RIGHT TO A HEALTHY ENVIRONMENT FRAMED WITHIN THE CONTEXT OF EU CLIMATE CHANGE, AIR QUALITY AND WATER LAW: SHAKING UP THE HABITUAL? 4 The Shell case and the human rights argument in climate litigation: building the narrative? 94 Carole M. Billiet 5 Healthy air as an obligation of result in the whole European Union: definitely a matter of time 116 Delphine Misonne 6 The right to water and the right to a healthy environment: does the Water Framework Directive map out the way ahead? 136 Peter De Smedt and Helena F.M.W. Van Rijswick PART III NATURE AND ANIMAL WELFARE IN EUROPE REVISITED: REINTERPRETING THE RIGHT TO A HEALTHY ENVIRONMENT BEYOND THE ANTHROPOCENTRIC FRAMEWORK 7 Right to a healthy environment: linking ecocentrism with anthropocentrism 166 Kari Kuusiniemi 8 Rights of nature in the European Union: a rights-based approach as an inevitable outcome of increased environmental protection in the Anthropocene? 184 Hendrik Schoukens 9 Some explorations about extending the right to a healthy environment to future generations and animals 227 Geert Van Hoorick and Elien Verniers PART IV CASE STUDIES FROM EUROPE AND BEYOND: CROSS-POLLINATION OR LIVING APART TOGETHER? 10 The right to a healthy environment and climate change: a necessary match? 247 Robert Carnwath 11 China and the right to a healthy environment in the last decade: practices from an unexpected frontrunner 259 Jianwei Zhang 12 Green constitutionalism in Belgium: the right to a healthy environment as a principle of non-regression 285 Jan Theunis PART V CHALLENGES TO ENFORCE THE RIGHT TO A HEALTHY ENVIRONMENT: BRIDGING THE GAP BETWEEN THEORY AND PRACTICE 13 Right to a healthy environment and the remediation of ecological damage: seeking effective remedies? 304 Ann Carette 14 The role of national courts: does the right to a healthy environment make a difference to the environment? Lessons learnt from national court rulings 322 Fruzsina Bögös 15 Civil disobedience for a healthy environment 339 Pierre Lefranc