THE HUMAN RIGHT TO A CLEAN ENVIRONMENT BETWEEN THE SYSTEMS OF INTERNATIONAL LAW AND DOMESTIC LAW COMPARATIVE STUDY | ||
| Journal of Environmental Science | ||
| Article 11, Volume 46, Issue 3, June 2019, Pages 275-292 PDF (473.97 K) | ||
| Document Type: Review Article | ||
| DOI: 10.21608/jes.2019.135200 | ||
| Authors | ||
| A. Abd Elkhalik Ahmed1; E. Nayel Elsayed2; Atlam Hazem2 | ||
| 1Post Grad. Institute of Environmental Studies & Research, Ain Shams University | ||
| 2Faculty of Law, Ain, Shams University | ||
| Abstract | ||
| The right to a clean environment is one of the most important rights in the field of public rights and freedoms. It belongs to the third generation of human rights. It is based on the idea of solidarity among the peoples of the world. It is not possible to eliminate the various damage to the environment that does not limit international borders, Only through the concerted efforts of international efforts to preserve the environment. The difficulty of proving the damage caused by pollution of the environment, especially across the international border (whether as a result of legitimate or illegal work), lies in the mechanism of establishing the causal link between pollution and damage because the effects of pollution do not directly affect the individual or the State, Therefore, it is necessary to resort to what is known as international responsibility for risk, objectivity or absolute. As the state in international law is the executive authority, it must make the necessary effort to fulfill its obligations so as not to violate the environmental human rights within the state. Therefore, it is necessary to spread the international awareness and hold international conferences to push countries to participate in international conventions that guarantee changing their constitutions and national laws Which guarantees the right to a clean environment through the right to health. It was concluded that the human right to a clean environment has become one of the fundamental rights enshrined in many international conventions, especially those of international organizations, which has made it an international right protected by international law. Therefore, it was recommended that environmental laws should be unified with regard to the various elements of the environment, and that they should be placed in a single legal code for easy access to them and subjecting environmental disputes to a specialized jurisdiction | ||
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