Vol. 5 No. 3 (2022): Pakistan Journal of International Affairs
Articles

INTERNATIONAL ENVIRONMENTAL LAW IN THE CONTEXT OF HUMAN RIGHTS

Published 2022-09-20

Abstract

The paper attempts to explore the intricate correlation between international environmental law and human rights, stressing the need for a comprehensive theoretical examination by making a detailed analysis of its historical and philosophical underpinnings. The central thesis of the research study is to investigate the human rights perspective of environmental law, by developing a symbiotic relationship between environment and human rights. In order to establish this conceptual connection, a review of historical evolution of environmental laws and concomitant philosophical theorizations has been undertaken. The historical perspective emphasizes the gradual recognition of environmental issues particularly on the international stage and their subsequent incorporation into the framework of international human rights. Furthermore, the paper undertakes critical appraisal of environmental deterioration, extending from the atmosphere to marine ecosystems, adversely impacting human rights. It highlights the legal and constitutional implications of environmental degradation by discussing the infringement of different fundamental human rights relevant to ecological well-being, such as the right to life, health, food, water, and a healthy environment. Additionally, it underscores the anthropocentric and eco-centric approaches to environmental law including the concept of intergenerational equity, emphasizing the inherent moral obligation to conserve environmental resources for future generations. This idea substantially contributes to the human rights discourse. Conversely, the study also briefly discusses how the regulated and positive exercise of human rights can actually contribute to environmental preservation, with special focus to recognition of the role of public participation and access to information in promoting sustainable practices. Besides appreciating the institutional role in harnessing environmental resources the research study has also analytically interpreted the judgments of International Tribunals in this regard. In conclusion, the paper accords due recognition to the reciprocal relationship between international environmental law and human rights, by making detailed discussion on its historical and philosophical context. It also elucidates the implications of environmental degradation on human rights and the role of human rights in fostering environmental protection, ultimately advocating for a holistic approach to global sustainability and justice.