Assessing the utility of a human rights approach to international environmental protection

There is a growing awareness of the inadequacy of the traditional framework of international law as a means of dealing with current environmental problems. This has led to calls for a new approach. In view of the links between the protection of the environment and the protection of human rights, one such approach has been to focus on the development of international human rights law concepts and mechanisms to address environmental concerns.This thesis undertakes a critical assessment of a human rights approach to environmental protection, with the aim of suggesting ways in which it could realistically contribute to the protection of the global environment. I consider how the environment may be protected both through the application of presently accepted human rights and through the establishment of a new human right in relation to the environment. I highlight the objections that are raised from both a human rights perspective and an environmental perspective and examine the substantial conceptual and practical difficulties that are encountered. I ultimately attempt to show that although a human rights approach has serious limitations and is unlikely to fulfill the aspirations of its promoters, it does have modest value as one strand of a much wider strategy for environmental protection under international law