The enforceability of environmental rights as human rights: a tale of two countries.

Conference paper


Jones, M. 2009. The enforceability of environmental rights as human rights: a tale of two countries. Society of Legal Scholars Centenary Conference. Keele, UK Jul 2009
TypeConference paper
TitleThe enforceability of environmental rights as human rights: a tale of two countries.
AuthorsJones, M.
Abstract

Increasingly, states are including environmental rights as human rights either in their Constitutions or in other human rights legislation. South Africa, a relatively young democracy, entrenched the right to a healthy environment in section 24 of its Constitution. This section states that everyone has the right to an environment that is not harmful to their health or well-being. Moreover everyone has the right to the protection of the environment to ensure inter-generational justice, balanced with the aim of justifiable economic and social development. Little more than a decade later, and with several Acts of Parliament further, the question needs to be asked whether and to what extent this right has been given practical content. It is found that the South African legislature and judiciary have been robust in their enforcement and interpretation of both the constitutional right to a clean and healthy environment, as well as the legislation enacted to give effect to this right. From this developing nation perspective, the paper then examines the Netherlands as an example a developed country where such a right is also recognised as a human right. Despite a longstanding reputation of judicial activism on, and popular ease of access to, environmental justice in this country, it is found that this tradition is facing a serious political and governmental threat which is only obviated by the Netherlands’ accession to European legislation. The paper concludes that, from these examples, it is clear that the enforceability of constitutionally protected environmental rights depend to a large extent on the way in which the right itself is constituted and classified, and that in both instances the support of both the judicial and the executive branches of the trias politica are crucial in order for the constitutionalisation itself to be of practical significance.

Research GroupLaw and Politics
ConferenceSociety of Legal Scholars Centenary Conference
Publication process dates
Deposited11 Jan 2010
Output statusPublished
LanguageEnglish
File
Permalink -

https://repository.mdx.ac.uk/item/82121

Download files

  • 37
    total views
  • 10
    total downloads
  • 0
    views this month
  • 0
    downloads this month

Export as

Related outputs

The right to freedom of thought in South Africa
Jones, M. 2024. The right to freedom of thought in South Africa. in: Shiner, B. and O’Callaghan, P. (ed.) The Cambridge Handbook on The Right to Freedom of Thought Cambridge, UK Cambridge University Press.
Regulation of online speech in the UK
Jones, M. 2024. Regulation of online speech in the UK. University of the Pacific Law Review. 55 (2), pp. 261-276.
Defamation and the right to freedom of speech: the UK in comparative perspective
Jones, M. 2024. Defamation and the right to freedom of speech: the UK in comparative perspective. London and New York Routledge.
Constitutional monarchy in the UK as a populist mediator: the case of Brexit
Jones, M. 2023. Constitutional monarchy in the UK as a populist mediator: the case of Brexit. 2023 South Eastern Association of Law Schools Annual Conference. Boca Raton, Florida, USA 23 - 29 Jul 2023
Defamation, the right to freedom of expression and libel reform in the UK: A comparative analysis of legal regulation and jurisprudence in the UK, the United States of America, Germany, and the European Court of Human Rights
Jones, M. 2020. Defamation, the right to freedom of expression and libel reform in the UK: A comparative analysis of legal regulation and jurisprudence in the UK, the United States of America, Germany, and the European Court of Human Rights. PhD thesis Middlesex University School of Law
Freedom of thought in South Africa: undoing Apartheid’s attempt at thought control
Jones, M. 2022. Freedom of thought in South Africa: undoing Apartheid’s attempt at thought control. The Right to Freedom of Thought: An Online Symposium. Online symposium 23 - 23 Nov 2022
Censorship by algorithm: the UK Online Safety Bill and corporate censorship of free speech
Jones, M. 2022. Censorship by algorithm: the UK Online Safety Bill and corporate censorship of free speech. 7th Academic Days on Open Government and Digital Challenges. Paris, France 08 - 09 Nov 2022
The Defamation Act 2013: a free speech retrospective
Jones, M. 2019. The Defamation Act 2013: a free speech retrospective. Communications law. 24 (3), pp. 117-131.
Reports of the death of the libel writ have been greatly exaggerated: reviewing the UK Defamation Act 2013
Jones, M. 2019. Reports of the death of the libel writ have been greatly exaggerated: reviewing the UK Defamation Act 2013. Twelfth Annual Free Speech Discussion Forum. Pázmány Péter Catholic University, Budapest 03 - 04 Jun 2019
Privilege, power, and the perversion of privacy protection
Jones, M. 2019. Privilege, power, and the perversion of privacy protection. in: Weaver, R., Reichel, J. and Friedland, S. (ed.) Comparative Perspectives on Privacy in an Internet Era Durham, North Carolina Carolina Academic Press.
Double-lock or double-bind? The Investigatory Powers Bill and freedom of expression in the United Kingdom
Jones, M. 2017. Double-lock or double-bind? The Investigatory Powers Bill and freedom of expression in the United Kingdom. in: Weaver, R., Friedland, S., Raynouard, A. and Fairgrieve, D. (ed.) Cybersurveillance in a Post-Snowden World: Balancing the Fight Against Terrorism Against Fundamental Rights Durham, North Carolina Carolina Academic Press.
Is EU law effective in preventing forum shopping for the pursuit of actions arising from online infringement of personality rights?
Jones, M. 2017. Is EU law effective in preventing forum shopping for the pursuit of actions arising from online infringement of personality rights? in: Weaver, R., Friedland, S., Gilles, W. and Bouhadana, I. (ed.) Privacy in a Digital Age: Perspectives from Two Continents Durham, North Carolina Carolina Academic Press.
EU law relating to online infringement of personality rights – is EU law effective in preventing forum shopping for the pursuit of actions arising from online infringement of personality rights?
Jones, M. 2015. EU law relating to online infringement of personality rights – is EU law effective in preventing forum shopping for the pursuit of actions arising from online infringement of personality rights? Third International Privacy Discussion Forum, Universite de Paris, Sorbonne 1. Paris, France 29 - 30 Jun 2015 pp. 1-27
An introduction to South African banking and credit law
Jones, M. and Schoeman, H. 2006. An introduction to South African banking and credit law. Durban LexisNexis Butterworths.
Close corporations
Jones, M. 2004. Close corporations. in: Fouche, M. (ed.) Legal principles of contracts and commercial law Durban LexisNexis Butterworths. pp. 327-334
Blueprints: tort law
Jones, M. 2014. Blueprints: tort law. Edinburgh Pearson.
A critical evaluation of the perceived conflict between globalized trade and the protection of the environment with specific reference to the dispute resolution mechanism of the World Trade Organisation
Jones, M. 2005. A critical evaluation of the perceived conflict between globalized trade and the protection of the environment with specific reference to the dispute resolution mechanism of the World Trade Organisation. Masters thesis University of South Africa Law
The South African constitution and electronic commerce
Jones, M. and Schoeman, H. 2004. The South African constitution and electronic commerce. ISSA 2004 Information Security South Africa 3rd Annual Conference. Sandton, South Africa Aug 2004
The state, the universities and liberal legal education: students’ views from England, South Africa and Mauritius
Jones, M. and Spencer, M. 2013. The state, the universities and liberal legal education: students’ views from England, South Africa and Mauritius. Society of Legal Scholars Annual Conference. Edinburgh, Scotland 03 - 06 Sep 2013
The prospects for corporate governance operating as a vehicle for social change in South Africa
Miles, L. and Jones, M. 2009. The prospects for corporate governance operating as a vehicle for social change in South Africa. Deakin law review. 14 (1), pp. 53-77.