The Expanding Horizon of ‘Right to Environment’ in the broader framework of Sustainable Development and a New Categorization of Human Rights

Abstract

Broad concepts like those of development and environment as ‘human rights’ does not easily fit within the traditional framework of right to environment. Therefore, a more evolutionary and proactive approach is needed in order to overcome the theoretical stalemate between these new rights and the requisites of individualism and judicial enforceability. The conceptualization of a distinct ‘Right to Environment’ in International Law and the reconfiguration of the human rights system into generalist and specialist rights fit squarely within this context. This paper locates the evolving ‘Right to Environment’ in the broader frame work of sustainable development and a new categorization of human rights. The paper explores whether the emergence of sustainable development has played a role in furthering or hindering the development of the international ‘Right to Environment’ and its sub-rights. The paper also examines the rationale behind the proposed reconfiguration of human rights and establishes the connection between each generalist right and its corresponding covenant, including a detailed description of a draft covenant on environmental rights.