Do We Need an International Instrument for the Recognition of the Right to a Healthy Environment?

Article type: Research Article

Authors: Jahan, Ishrat^{; *; †}

Affiliations: Senior Assistant Judge, Bangladesh Judicial Service

Correspondence: [*] Corresponding author. E-mail: [email protected].

Note: [†] The views expressed are personal.

Abstract: Environmental degradation is continuing globally despite various international environmental treaties. If the right to a healthy environment is recognised by a global instrument, this international recognition of this right could enhance the implementation and enforcement of various multilateral environmental agreements. Moreover, the international recognition of this right to a healthy environment could create a level playing field at the international level to ensure better balancing of competing interests. Furthermore, an international instrument for the recognition of this right is necessary to address many environmental challenges including climate change, the loss of biodiversity, marine pollution, long-range air pollution and plastic pollution which have global or trans-boundary dimensions. A second optional protocol to the ICESCR as an international instrument for the recognition of the right to a healthy environment could be adopted. It would be the best option for the adoption of an international instrument to recognise the right to a healthy environment.

Keywords: Right to a healthy environment, international instrument, ICESCR, environmental challenges, human rights, constitutional rights

DOI: 10.3233/EPL-210085

Journal: Environmental Policy and Law, vol. 51, no. 6, pp. 377-390, 2021