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  • 16 - The Growing Importance of Human Rights Treaty Bodies in Environmental Dispute Resolution

  • from Part V - Human Rights
  • Edited by Christina Voigt, Universitetet i Oslo, Caroline Foster, University of Auckland
  • Book:
    International Courts versus Non-Compliance Mechanisms
    Published online:
    15 February 2024
    Print publication:
    22 February 2024, pp 361-382
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  • Summary

    The article shows the evolution of the environmentalization of international human rights law, and analyzes the functions of HRTB as international bodies for compliance with the obligations of States under the main human rights international treaties. The author pays special attention to the contribution of HRTB to ensuring compliance with the climate-related human rights obligations of states as a new trend of greening of HRTB. In this area, HRTB are now at the forefront of international compliance procedures. In this regard, we will analyze the relevant documents of HRTB (concluding observations, general comments, and statements) and cases of Human Rights Committee and Committee on the Rights of the Child. The author conducts a comparative legal analysis of HRTB with other means of dispute resolution and compliance procedures, primarily non-compliance procedures under MEAs. Based on this, the author shows the advantages and disadvantages of HRTB in the field of resolving environmental disputes and ensuring compliance with environmental legal obligations of States.