Environment has become very important in the last three decades and rightly so, protecting the environment presents a big challenge to people, governments and world bodies today. Law is central to the management of the environment. Currently, environmental laws present a vast and complex part of legal world.
European Convention has recognised Human rights as one of the main cornerstones of its existence. "Under the Human Rights Act 1998, UK courts and public bodies are bound to act in accordance with the Convention. There is one exception to this, which that the Convention right to an individual remedy is not transposed. Instead, there are in effect 'collective' remedies, in the sense that legislation can be decreed incompatible with the Convention and fast-tracked through Parliament for reform," Bell, p.78.
European human rights law operates at a general level at which usually it mostly outweighs the environmental rights and interests. ECJ has interpreted the right to respect home life (Article 8) and tries to provide remedy against extreme pollution1. Human rights law also have an indirect impact on environmental rights because it provides various freedoms like freedom of expression (Article 10). It gives the right of peaceful assembly (Art 11) and this means it is possible to voice the grievances and protest publicly about environmental degradation. EC on Human Rights protects civil, political freedoms, but has not particularly developed any rights against environmental degradation.
Environmental law is comparatively of a very recent origin and has emerged to safeguard the natural environment from the onslaught ...