Locus Standi of the Right to an Adequate Environment – Universal and Regional Human Rights Mechanisms

In: Kultura polisa: časopis za negovanje demokratske političke kulture = ˜Theœ culture of polis : journal for nurturing of democratic political culture, Band 20, Heft 2, S. 1-16

Abstract

Despite that the right to an adequate environment is an integral part of international law for more than 50 years, there are still numerous challenges to its effective judicial protection. Among the issues affecting the right is proper entitlement to raise a claim with respect to the right, as well as those relating to justiciability, procedure, interpretation and effective remedies. In light of the aforementioned, the paper will contribute to the ongoing discussion by providing analysis and insights into the main features, admissibility criteria, and compliance procedures related to the right to an adequate environment before international and regional judicial and quasi-judicial entities. The scope of the paper is to clarify how the right to an adequate environment can be assessed in regard to effective judicial protection, legal remedies applied and, consequently, the coherence that the judicial brings to the global legal order.