Institute for Environmental Security

Advancing Global Environmental Security through
Science · Diplomacy · Law · Finance · Education

Promoting an Operational Right to a Clean and Safe Environment

Over the past decades there has been much debate on the rights of individuals, groups or communities to a "decent, healthy, or viable environment" (International Law & the Environment by Patricia Birnie and Alan Boyle, Oxford, 2002).

Photo: UNEP

The programme would first of all review that debate and propose a formulation of an operational, enforceable right and discuss this formulation with the courts and academic legal bodies situated in The Hague.

Secondly, it would identify and map those situations where this right, is clearly non-existent and non-enforceable, and would generate recommendations to relevant political and legal authorities to redress such situations.

The programme would also build upon the results of the three Prototype EnviroSecurity Assessments, carried out by IES and its partners in the period 2004-2005.

To illustrate in detail the challenges encountered, a concrete case would be brought before an NGO Tribunal, as has been done in the past with the International Water Tribunals organised in the Netherlands.

Obviously, in carrying out this part of the programme, optimal use would be made of the presence of the international courts and legal academic institutions in The Hague.

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