Verso una giurisprudenza ecologica: Il discorso giurisprudenziale sui diritti connessi alla protezione dell’ambiente
The paper presents a comparative analysis of judicial decisions concerning environmental protection, based on the assumption that “unless the environmental rule of law is strengthened, even seemingly rigorous rules are destined to fail and the fundamental human right to a healthy environment will go...
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| Format: | Article |
| Language: | Italian |
| Published: |
2019
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7010679 |
| Source: | Jura Gentium: Rivista di filosofia del diritto internazionale e della politica globale, ISSN 1826-8269, Vol. 16, Nº. 1, 2019 (Ejemplar dedicado a: La crisi dei paradigmi e il cambiamento climatico), pags. 183-231 |
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| Summary: |
The paper presents a comparative analysis of judicial decisions concerning environmental protection, based on the assumption that “unless the environmental rule of law is strengthened, even seemingly rigorous rules are destined to fail and the fundamental human right to a healthy environment will go unfulfilled”. The selection of the relevant jurisprudential contexts is carried out by adopting the point of view of the
judicial interaction between international-regional and domestic courts. Based on the idea that, as observed by Slaughter (1996), the courts, on a global level, are "dialoguing" on common themes, borrowing persuasive and strategically useful judicial reasoning from foreign or non-binding interpretative traditions, the paper investigates whether and how this interactive and open-ended argumentative method was used in relevant decisions concerning environmental protection (Burdon, 2013).Starting from the case law of the Indian Supreme Court, we will see how the most prolific regional international courts have oriented themselves in making environmental human rights enforceable and effective, analyzing the case law of the European Court of Human Rights, the African Commission on Human Rights and the Inter-American Court of Human Rights. |
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