Some Aspects of the Environmental Rights Protection
Summary: 1. Introduction – Basic Principles of Environmental Rights Protection. – 2. Environmental Rights Protection and the ECtHR. – 3. Concluding Remarks
Abstract
This note addresses some aspects of the basic principles of environmental rights protection and ECtHR practice. In particular, it analyses the new directions for environmental rights protection that the ECtHR gave us in Tătar v Romania. Some inconsistency of the ECtHR is highlighted since the case-law of environmental principles varies. Significant and important steps towards recognising the importance of procedural rights associated with public participation as this principle are indicated in international environmental law more generally. On the other hand, the Court’s more recent forays into the territory of other environmental principles – particularly that of the precautionary principle – suggests that the Court is less eager to develop its extensive environmental case-law considering the principle of precaution.
About Authors
Yermolaieva Tetiana
PhD (Law), Assoc. Prof. of Dept. of Environmental Law,
Yaroslav Mudryi National Law University, Ukraine
t.v.yermolayeva@nlu.edu.ua
http://orcid.org/0000-0002-4071-7490
Plyokhova Anastasia
PhD Student, Dept. of Environmental Law,
Yaroslav Mudryi National Law University, Ukraine
plehovanastya@nlu.ua
https://orcid.org/0000-0002-9984-6836
CONFLICTS OF INTEREST
The authors declare no conflict of interest of relevance to this topic.
DISCLAIMER
The authors declare that they do not represent any views of the legislative or other state bodies related to environmental rights protection.
ACKNOWLEDGEMENTS
The authors would like to express their gratitude to the reviewers and editors of the journal and to the English editor, Sarah White.
References
- Kolesnyk V, ‘The concept and general description of the principles of the environmental policy of the European Union’(2012) 1 Bulletin of the Chernivtsi Department of the National University ‘Odessa Law Academy’ 130-141.
- Hetman AP, ‘Codification of Environmental Law in the Context of Constitutional Reform’ (2016) 1-2 Environmental Laws of Ukraine 3-5.
- Fisher E, ‘Precaution, precaution everywhere: Developing a “common understanding” of the precautionary principle in the European community’ (2002) 9 Maastricht J. Eur. & Comp. L. 7.
- Pedersen OW, ‘From abundance to indeterminacy: The precautionary principle and its two camps of custom’ (2014) Transnational Environmental Law 323.
- Fisher E, Harding R, ‘The precautionary principle: Towards a deliberative, transdisciplinary problem-solving process’ in R Harding and E Fisher (eds), Perspectives on the Precautionary Principle (The Federation Press 1999) 291.
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How to cite it?
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T Yermolaieva, A Plyokhova, ‘Some Aspects of the Environmental Rights Protection’ 2021 3(11) Access to Justice in Eastern Europe 198–204. DOI: 10.33327/AJEE-18-4.3-n000079
