1,721,118 research outputs found
A Human Rights Approach to Environmental Health
No full textThis chapter explores the interface between health and the environment through the human rights prism, focusing on the environmental dimension of the right to health and on the now widely recognized right to a healthy, safe and clean environment. To this end, the chapter intends to offers a comprehensive analysis of the relevant provisions contained in human rights treaties and the obligations stemming therefrom. The review of these legal sources is completed by a critical assessment of the case law produced by regional human rights bodies and their evolutive interpretation of individual rights and corresponding State obligations in this field, with a special focus on the case law of the European Court of Human Rights. The aim of this legal analysis is to evaluate the added value of a human rights approach to environmental health litigation, with a view to best achieving the overarching goal of public health protection from environmental harm. The author highlights that human rights can be used in court as effective tools to protect public health against the adverse effects of environmental degradation and severe pollution. She also stresses that the potential of human rights bodies in the field of environmental health is yet fully unexpressed, but further positive developments towards the protection of collective and intergenerational rights related to the environment and human health can be achieved thanks to the dynamic and evolutive approach adopted by these bodies and through the virtuous circle created by judicial cross-fertilization
Healthy Oceans for Healthy Lives: The Contribution of the World Health Organization to Global Ocean Governance
No full textCourt of First Instance of the European Communities. Legal Maxims: Summaries and Extracts from Selected Case Law (Jégo-Quéré et Cie SA v. Commission of the European Communities, Case T-177/01, Judgment (First Chamber), 3 May 2002), in "The Global Community. Yearbook of International Law and Jurisprudence 2003"
No full textin "The Global Community. Yearbook of International Law and Jurisprudence 2003
Interpreting the European Convention on Human Rights in Harmony with International Law and Jurisprudence: What Lessons from Ocalan v. Turkey?
No full textThe Öcalan judgment may well be regarded as a landmark authority contributing to the development of human rights law by way of judicial insight. When assessed as against the background of the most relevant developments in international law and jurisprudence, the particular significance of the European Court’s decision is all the more apparent. This is especially true if one considers its possible repercussions on State practice in matters of prosecution and punishment of international criminals, notably in connection with the ever crucial problem of protecting fundamental human rights while countering international terrorism. Although the Court missed the opportunity to elaborate on some topical issues such as the status of general international law on the death penalty and State-sponsored abduction (this being in fact the main ground of appeal for referral of the case to the Grand Chamber) or extradition procedures in cases involving the possible imposition of capital punishment, this judgment nonetheless provides a reliable precedent for future developments in this area. Special emphasis must also be laid on the Court’s approach with regard to the evolutive interpretation of the Convention and its reliance—whether express or implied in its reasoning—on recent trends in international case law, in keeping with the recognition that “international case-law, of courts or arbitration tribunals, gives the Court valuable guidance”. Indeed, it is noteworthy that the Court has drawn on the pronouncements of other international courts and human rights bodies in order to interpret the scope of both procedural and substantive provisions. Mutual recognition of human rights bodies case law—coupled with a wise and cautious resort to evolutive interpretation in compliance with the principle of the effet utile—may indeed be regarded as an appropriate tool for widening human rights courts’ jurisdiction, thus strengthening regional protection systems. The overall effect of such a phenomenon would significantly contribute to a better efficacy of human rights guarantees at a more general level
Report on the legal measures adopted by the Italian Government to combat COVID-19, in "European Association of Health Law, Special issue on legal measures with regard to the coronavirus outbreak"
No full textReport on the legal measures regulating ‘Phase 2’ of Italy’s Covid-19 exit strategy, in "European Association of Health Law, Special issue on legal measures with regard to the coronavirus outbreak - Part II"
No full textBorrowing from Multilateral Environmental Agreements to Strengthen the Effectiveness of the International Health Regulations (2005): Time for an IHR Compliance Committee? - S’inspirer des accords multilatéraux sur l’environnement pour renforcer l’efficacité du Règlement sanitaire international (2005) : faut-il créer un Comité de conformité au RSI?, in ESIL-SEDI Newsletter
No full textDiritti umani, ambiente, salute: tutela giurisdizionale di interessi collettivi e human rights approach
No full textLa tutela dei diritti fondamentali nell'ordinamento comunitario alla luce del Trattato di Amsterdam
No full textSovereign Immunity vs. Redress for War Crimes: The Judgment of the International Court of Justice in the Case Concerning Jurisdictional Immunities of the State (Germany v. Italy)
No full textIn the judgment delivered in the case concerning Jurisdictional Immunities of the State (Germany v. Italy), the International Court of Justice held that under the present state of international customary law State immunity encompasses all acta jure imperii, regardless of whether they are unlawful. Following the ruling that States are entitled to jurisdictional immunities before foreign courts even if their sovereign acts amount to violations of peremptory norms, the Court found that Italy had violated Germany’s immunity from jurisdiction and enforcement. In rendering such a conservative judgment, the Court missed a double opportunity: to contribute to the development of international law by interpreting the rule on sovereign immunity in harmony with international human rights law and its dynamics, and to finally serve justice for the victims of war crimes
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