Access to justice on environmental matters: Extraterritorial enforcement of environmental rights

Ojo, Olayinka (2019) Access to justice on environmental matters: Extraterritorial enforcement of environmental rights. Environmental Law and Management, 31 (4). pp. 151-162. ISSN 10676058

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Abstract

The impact of environmental pollution and degradation cannot always be contained within the physical territory of a state; therefore, people living in neighbouring states are prone to suffer the brunt of such environmental catastrophes. Victims of these environmental cataclysms are rendered helpless owing to several principles of international law that restrain individuals from instituting actions on extraterritorial issues. Despite the unprecedented development of international environmental law and the emergence of environmental human rights in the 21st century, little attention has been paid to the extraterritorial implication of environmental pollution, as well as how victims of such environmental pollution can seek adequate remedy and compensation. The application of existing human rights treaties on extraterritorial environmental matters is nebulous and contentious. Interestingly, there are some growing developments in international law on this issue. This article will consider these developments and several other relevant issues

Item Type: Article
Keywords: Environmental Pollution | Extraterritorial Rights | Environmental Law | Human Rights
Subjects: Physical, Life and Health Sciences > Environmental Science, Policy and Law
Social Sciences and humanities > Social Sciences > Geography
Social Sciences and humanities > Social Sciences > Planning and Development
JGU School/Centre: Jindal Global Law School
Depositing User: Shilpi Rana
Date Deposited: 06 Jan 2022 06:43
Last Modified: 10 Feb 2022 09:59
Official URL: https://www.lawtext.com/publication/environmental-...
URI: https://pure.jgu.edu.in/id/eprint/592

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