David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Oxford Journal of Legal Studies 23 (1):111-125 (2003)
The derivation of a category of ‘environmental rights’ (as argued in this journal by Margaret DeMerieux) from certain cases heard in the European Court of Human Rights is examined. Opposing the majority judicial opinion of that court, there is emerging a dissenting view which is reluctant to extend a rights perspective to those nuisances which can, in theory, be avoided by relocation of the family home. This critique is then extended to Marcic v Thames Water Utilities in which the claimant used the Human Rights Act 1998 (as well as common law) to secure damages for an environmental threat (flooding) to his home. It is further argued that any ‘rights’ dimension currently attached to environmental intrusion on private life will give way to policy imperatives once the effects of climate change come to be recognized
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Roy W. Perrett (1998). Indigenous Rights and Environmental Justice. Environmental Ethics 20 (4):377-91.
Roy W. Perrett (1998). Indigenous Rights and Environmental Justice. Environmental Ethics 20 (4):377-391.
Katherine Eddy (2007). On Revaluing the Currency of Human Rights. Politics, Philosophy and Economics 6 (3):307-328.
James W. Nickel & Eduardo Viola (1994). Integrating Environmentalism and Human Rights. Environmental Ethics 16 (3):265-273.
Katherine Eddy (2006). Welfare Rights and Conflicts of Rights. Res Publica 12 (4):337-356.
Eduardo Viola (1994). Integrating Environmentalism and Human Rights. Environmental Ethics 16 (3):265-273.
Angus Taylor (1996). Animal Rights and Human Needs. Environmental Ethics 18 (3):249-264.
Leonard J. Waks (1996). Environmental Claims and Citizen Rights. Environmental Ethics 18 (2):133-148.
Shari Collins-Chobanian (2000). Beyond Sax and Welfare Interests. Environmental Ethics 22 (2):133-148.
Added to index2009-01-28
Total downloads17 ( #91,956 of 1,096,394 )
Recent downloads (6 months)1 ( #231,754 of 1,096,394 )
How can I increase my downloads?