This course examines the nexus between environmental protection and human rights. Environmental harm and the violation of human rights intersect in diverse and complex ways. Human rights claims and strategies are increasingly recognised as important in the promotion of all phases of sustainable development, including the preservation of healthy biosphere. So-called environmental rights clamour for acceptance as a new category of human rights per se. At the same time, claims based on existing human rights, both substantive and procedural, are now regularly deployed in a national and international fora. This course explores recent human rights developments that bear on the environment in international law, including the United Nations and regional human rights systems. It examines the environmental application of human rights contained in international instruments, national constitutions, and legislation. Through a series of discussion based seminars, student presentations and case studies, the course will address topics indicated below.

A student that successfully completes this course will:

• be familiar with the legal, policy and philosophical issues relating to human rights norms that may be employed to protect the environment;
• understand the implications that environmental human rights norms raise for concepts that underpin the international state system (eg state sovereignty and domestic jurisdiction);
• understand the limits and utility of existing human rights norms (international and municipal) relating to the environment;
• have a working knowledge of the basic international and regional human rights system in relation to mechanisms that can be utilised to provide a measure of environmental protection; and
• be able to apply human rights norms to an array of contemporary international and municipal environemntal problems.

Group presentations - 25%

Research Essay - 75%

More information will be given in the approved Means of Assessment

It is anticipated that the student work-load would consist of 26 in-class hours, plus approximately 40-48 hours reading and approximately 25-30 hours to complete assessment requirements.

Principles of International Law or Fundamentals of Environmental (non-lawyers)

Success in the course will be assisted by a background in human rights and international environmental law.

Donald K. Anton & Dinah Shelton, Environmental Protection and Human Rights (Cambridge University Press, 2010)

Confirm in the course outline.

Access to the internet