International and National Perspectives of the Right to a Healthy Environment

ABSTRACT

Although, there were attempts to develop international environmental law in the nineteenth century, it was not until the Stockholm Conference in 1972 that the right to a healthy environment was explicitly recognized in an international environmental law document. This paper is aimed at examining the international and national perspectives of the right to a healthy environment. The doctrinal research method was utilized to achieve the aim of this paper. It was found that the declaration of the United Nations Human Rights Council that the right to a healthy environment is a fundamental right is yet to be passed by the United Nations General Assembly. The right to a healthy environment will remain non-justiceable and paper tiger in national Constitutions until it has been accordingly passed by the UNGA and incorporated in human/fundamental rights documents of member-states of the United Nations. The thesis concluded that the right to a healthy environment is a fundamental right of everybody. This argument is well supported by the provisions of international treaties. The thesis recommended among others that the United Nations General Assembly should pass a resolution recognizing the right to a healthy environment as fundamental right and call on memberstates of the United Nations to secure the incorporation of the right in their fundamental/human rights documents.

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