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Journal of Environmental Law Advance Access





Published: Wed, 11 Oct 2017 00:00:00 GMT

Last Build Date: Wed, 11 Oct 2017 05:45:29 GMT

 



Unpacking the Diversity of Procedural Environmental Rights: The European Convention on Human Rights and the Aarhus Convention

2017-10-11

Abstract
Procedural environmental rights have been found to be an effective way of securing environmental protection, but they are often discussed as a single, uniform standard and are associated with similar effects on environmental decision-making. This view needs reconsideration. Comparing the procedural environmental rights guaranteed in Europe by the European Convention on Human Rights (ECHR) and the Aarhus Convention (AC), this article argues that these rights differ considerably in objective, content, and scope. Taking note of these differences helps to concretise the doctrine of procedural environmental rights and supports more realistic conclusions about the contribution of procedural environmental rights to environmental governance.



At the Intersection of the Sacred and the Legal: Rights for Nature in Uttarakhand, India

2017-10-06

Abstract
In March 2017, the High Court of Uttarakhand in India ruled in the Ganges and Yamuna and the Glaciers cases that the Ganges and Yamuna rivers, the Gangotri and Yamunotri glaciers, as well as other natural objects in the state of Uttarakhand enjoy legal rights. In both cases, the High Court established the natural objects as legal minors and conferred guardianship responsibilities on several individuals within the state government of Uttarakhand. These judgments create novel legal rights for nature and, as such, present powerful examples of the increasing relevance of rights-centred environmental protection. The impact of this case law, however, is uncertain. As a start, the legal rights entrusted to nature are underpinned by such broad definitions of ‘harm’ that it is difficult to envision successful implementation. Further, the Ganges and Yamuna case is currently stayed pending appeal to the Supreme Court, which may decide to overturn the High Court’s findings. Still, these cases are important to analyse, especially in light of how constructing nature as a legal subject/legal person shifts environmental law away from public law and into the sphere of private law. Also, the Ganges and Yamuna case draws explicitly on Hinduism to support the sacred status of the Ganges and Yamuna rivers, which, in the current context of the Hindu Nationalist Movement, may prove controversial.