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The Human Right to a Clean Environment–Phantom or Reality? The European Court of Human Rights and English Courts Perspective on Balancing Rights in Environmental Cases

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Whilst many claim there is a human right to a clean environment, the jurisprudence of the European Court of Human Rights is examined to show how that court has balanced rights and interests in deciding relevant cases on this issue. Recent jurisprudential and academic debates on balancing are examined in this context before an analysis of some English decisions in this area to show that the existence of a human right to a clean environment may indeed be a phantom.

Affiliations: 1: Department of Law, Queen Mary, University of London


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