Book contents
- Environmental Rights
- Environmental Rights
- Copyright page
- Contents
- Contributors
- Foreword
- Preface and Acknowledgements
- Abbreviations
- Table of Cases, Communications and Advisory Opinions
- Table of Treaties
- Table of International Declarations, Resolutions, Guidelines and Standard Setting Instruments
- Table of European Union Directives
- 1 Introduction: A Brief History of Environmental Rights and the Development of Standards
- 2 Environmental Rights and International Human Rights Covenants: What Standards Are Relevant?
- 3 The ECHR, Environment-Based Human Rights Claims and the Search for Standards
- 4 The American Convention on Human Rights and Environmental Rights Standards
- 5 The African Charter on Human and Peoples’ Rights and Environmental Rights Standards
- 6 The Aarhus Convention: Standards for Access to Justice in Environmental Matters
- 7 The Emergence of Standards regarding the Right of Access to Water and Sanitation
- 8 Standards in the Procedural Rights of Multilateral Environmental Agreements
- 9 A Stock-Taking of FPIC Standards in International Environmental Law
- 10 Environmental Standards and the Right to Life in India: Regulatory Frameworks and Judicial Enterprise
- 11 Environmental Standards in the Portuguese Constitution
- 12 The Argentine Constitution and Its Relationship with Environmental Standards
- 13 The South African Constitution – Standards of Environmental Protection
- 14 The French Charter of the Environment and Standards of Environmental Protection
- 15 The Constitution of Bhutan: A Quantitative Environmental Standard
- 16 The Rights of Nature: Guiding Our Responsibilities through Standards
- 17 Standards in Subnational Environmental Constitutionalism
- 18 Conclusion: Analysing the Development of Standards in the Field of Environmental Rights
- Index
17 - Standards in Subnational Environmental Constitutionalism
Published online by Cambridge University Press: 09 May 2019
Book contents
- Environmental Rights
- Environmental Rights
- Copyright page
- Contents
- Contributors
- Foreword
- Preface and Acknowledgements
- Abbreviations
- Table of Cases, Communications and Advisory Opinions
- Table of Treaties
- Table of International Declarations, Resolutions, Guidelines and Standard Setting Instruments
- Table of European Union Directives
- 1 Introduction: A Brief History of Environmental Rights and the Development of Standards
- 2 Environmental Rights and International Human Rights Covenants: What Standards Are Relevant?
- 3 The ECHR, Environment-Based Human Rights Claims and the Search for Standards
- 4 The American Convention on Human Rights and Environmental Rights Standards
- 5 The African Charter on Human and Peoples’ Rights and Environmental Rights Standards
- 6 The Aarhus Convention: Standards for Access to Justice in Environmental Matters
- 7 The Emergence of Standards regarding the Right of Access to Water and Sanitation
- 8 Standards in the Procedural Rights of Multilateral Environmental Agreements
- 9 A Stock-Taking of FPIC Standards in International Environmental Law
- 10 Environmental Standards and the Right to Life in India: Regulatory Frameworks and Judicial Enterprise
- 11 Environmental Standards in the Portuguese Constitution
- 12 The Argentine Constitution and Its Relationship with Environmental Standards
- 13 The South African Constitution – Standards of Environmental Protection
- 14 The French Charter of the Environment and Standards of Environmental Protection
- 15 The Constitution of Bhutan: A Quantitative Environmental Standard
- 16 The Rights of Nature: Guiding Our Responsibilities through Standards
- 17 Standards in Subnational Environmental Constitutionalism
- 18 Conclusion: Analysing the Development of Standards in the Field of Environmental Rights
- Index
Summary
This chapter examines the standards that are developing in environmental constitutionalism at the subnational level in both texts and case law. Subnational governance – states, provinces states, provinces, Länder, cantons, or what some refer to as the ‘meso-level’ that exists between the national government and local governments – provides the most direct mechanism for advancing local interests and protecting basic human environmental rights that have a parochial significance. Good practices, which may evolve into standards, are developing because some subnational constitutions are far more intricate and complex than those that exist at the federal level, and can result in illuminating judicial decisions. Thus, subnational constitutions can provide additional proving grounds for environmental constitutionalism around the globe.
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- Environmental RightsThe Development of Standards, pp. 367 - 382Publisher: Cambridge University PressPrint publication year: 2019
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