4 - Specific Risk Principle

Summary

The chapter introduces the doctrinal data analysis to explore the compatibility of the ECHR with the specific risk principle of the environmental minimum. The specific risk principle is the trigger of the environmental minimum framework, determining whether the minimum standards of review apply to a given environmental harm. The principle requires that an environmental harm is successfully linked to a threat to a specific human right recognised under the invoked protection regime. Compatibility with the ECHR can be determined through the extent the doctrine of the Court subscribes to two key claims: (1) in principle, any environmental harm can give rise to infringements of Convention rights; and (2) environmental harm has been successfully linked to the Convention rights and led to findings of violations in the past. The chapter concludes that, notwithstanding some inconsistencies in earlier cases, the prevailing ECHR doctrine is compatible with the environmental minimum to a significant extent.