Principles of international environmental law in the practice of the European court of human rights Cover Image

Начела међународног права о заштити животне средине у пракси Европског суда за људска права
Principles of international environmental law in the practice of the European court of human rights

Author(s): Aleksandra Kastratović
Subject(s): EU-Legislation
Published by: Институт за међународну политику и привреду
Keywords: Principles of international law on environmental protection; European Court of Human Rights; environmental obligations and standards; human rights.

Summary/Abstract: Bearing in mind that in the modern world, environmental pollution is increasingly common and that individuals face the concrete harmful effects of various forms of pollution, the application of the principles of international law on environmental protection in the practice of the European Court of Human Rights stands out as an adequate way that fully meets the needs of environmental protection and human rights. The aim of the subject paper is to determine whether the European Court of Human Rights contributed to the understanding of the problems related to the legal nature of the principles it used in its practice and whether the practice of the Court had a special significance for the principles. Through the use of normative, conceptual, comparative, and historical methods, the author contributed to the theoretical understanding of problems related to the legal nature of principles, their use in international and domestic judicial practice, and their progressive development through the jurisprudence of the European Court of Human Rights. The author came to the conclusion that the principles applied by the Court can be considered the rules of regional customary international law, whose goal is the protection of human rights and, indirectly, the protection of the environment. Through the analysis of judicial practice, the author also determined certain shortcomings in the application of the principles, which, in her opinion, can be solved so that the contribution of the European Court of Human Rights in clarifying the disputed nature of the principles would be even greater in the function of protecting human rights and the environment.

  • Issue Year: 2023
  • Issue No: 83
  • Page Range: 177-202
  • Page Count: 26
  • Language: Serbian
Toggle Accessibility Mode