EurUP - Zeitschrift für Europäisches Umwelt- und Planungsrecht

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The search returned 2 results.

Till Markus

Zeitschrift für Europäisches Umwelt- und Planungsrecht, Volume 19 (2021), Issue 4, Page 426 - 441

This article investigates the governance potential of different policies and laws addressing the issues arising out of large-scale farmland investments in low income countries (“land grabbing”). It interprets their development on the whole as a tentative effort by a set of different actors to forge an effective governance system. It is argued that the development of these laws and policies has largely been defined by three key features: 1) forming a better understanding of the complex issues arising out of large-scale farmland investments, 2) reframing these issues, the responsibilities of involved actors, and the purpose of regulation, and finally, 3) flexibly shifting modes of governance in view of ineffective national and international laws and institutions. All three strategies have contributed to establishing a set of transnational guiding principles and standards of care that will substantially increase legal accountability and have the potential to effectively change investment practices.

Verena Kahl

Zeitschrift für Europäisches Umwelt- und Planungsrecht, Volume 17 (2019), Issue 2, Page 110 - 131

In February 2018, the Inter-American Court of Human Rights (IACHR) published a landmark advisory opinion (OC-23/17) on state obligations in relation to the environment. The opinion concerned the protection and guarantee of the rights to life and to personal integrity under Articles 4(1) and 5(1) of the American Convention on Human Rights (ACHR). The author illustrates and critically examines the Court’s core judicial findings. Besides general remarks on the advisory opinion’s background, the article provides a short résumé of the IACHR’s admissibility considerations. It then explores the IACHR’s latest findings on the interrelation between the environment and human rights, with special emphasis on the “right to a healthy environment”. In particular, the article sheds light on the Court’s innovative concept of extraterritorial application of the ACHR in environmental scenarios and the transfer of principles to human rights law originally rooted in international environmental law, such as the principles of prevention and precaution. Furthermore, the article presents the IACHR’s interpretation of the ACHR in the light of the intergovernmental obligation to cooperate. Finally, it elaborates on the procedural duties the Court imposes on member states, including access to information, participation and access to justice.

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