| Abstract |
For a couple of decades, the mutual and
complicated interdependence between human rights and environment has
been generating an interesting debate on an international level on how
to harmonize the values and interests which the two subjects implicate.
In this context the work of Stephen J. Turner, A Substantive
Environmental Right, An Examination of the Legal Obligations of
Decision-Makers towards the Environment, is an important contribution to
this debate. Turner examines thoughtfully and conscientiously the effect
that the institutionalization of a substantive human right may have on
the protection of the environment. At the same time, Turner analyses how
this right should be established and how it should work in practice,
based on his own elaborated suggestions. Basically, the author bases his
propositions, related to the development of a human right to the
environment, on the creation of duties and obligations not only for
state actors, but also for non-state ones regarding to the environmental
protection. In addition to realize a description and estimation of
Turner’s work the idea of this paper is to respond to some of the
arguments of the author with the aim to contribute to the development of
the discussion about the necessity of the institutionalization of a
human right to environment.
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