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Environmental Protection through the Jurisprudence of the European Convention on Human Rights

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Chapter Summary

The European Convention on Human Rights does not expressly protect the environment nor does it address environmental issues in any way. However, the Convention has always been considered to be an instrument capable of adapting itself to new developments and, for this reason, it is described in the case-law as a ?living instrument?. The case-law has extended protection of the environment under the Convention by means of two different methods: (a) as part of individual rights, and (b) as a legitimate restriction on the exercise of such rights. Overlaps between the jurisdictions of different international courts and tribunals resulting from the proliferation of new judicial and quasi-judicial bodies have become a widespread phenomenon in recent years and present real and practical problems such as forum shopping, parallel or successive proceedings, lack of finality, and conflicting jurisprudence.

Keywords: conflicting jurisprudence; environmental protection; European Convention on Human Rights



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