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37 N. Y. L. Sch. L. Rev. 583 (1992)
Human Right to a Healthy Environment: An International Legal Perspective, The

handle is hein.journals/nyls37 and id is 589 raw text is: THE HUMAN RIGHT TO A HEALTHY ENVIRONMENT: AN INTERNATIONAL LEGAL PERSPECTIVE I. INTRODUCTION The earth is threatened by a mounting global environmental crisis. This crisis is due, in large part, to human activities that place tremendous strains on the natural processes that help keep the conditions of the planet within livable limits. One approach to addressing the problems of global environmental deterioration is to recognize the right to a healthy environment as a human right. Some commentators have suggested that such a right is already emerging as one of several third-generation solidarity rights.' The right would protect people individually-a characteristic shared by all human rights2-by imposing more effective obligations on governments and by providing individual remedies for environmental deprivations. Beyond this individual component, the right would also protect people collectively-a characteristic shared by all third-generation rights3-by requiring collective action and cooperation © Copyright 1993 by the New York Law School Law Review. * The author would like to thank Professor Lung-Chu Chen and Professor Linda Keenan for their valuable comments and suggestions during the preparation of this note, and Professor Nadine Strossen for her inspiration in pursuing this topic. 1. Stephen P. Marks, Emerging Human Rights: A New Generation for the 1980s?, 33 RUTGERs L. REv. 435, 439-44 (1981) (noting that third-generation solidarity rights include the rights to a healthy environment, development, peace, the common heritage, communication, and humanitarian assistance). A number of writers have explored the existence of and the rationale for recognizing the right of an individual to a clean and healthy environment. See, e.g., ALEXANDRE Kiss & DINAH SHELTON, INTERNATIONAL ENViRONMENTAL LAW 21-31 (1991); W. PAUL GORMLEY, HUMAN RIGHTS AND ENVIRONMENT: THE NEED FOR INTERNATIONAL CO-OPERATION 48-55 (1976); W. Paul Gormley, The Right to a Safe and Decent Environment, 28 INDIAN J. INT'L L. 1 (1988); Charles Maechling, The Emergent Right to a Decent Environment, HUM. RTs., Aug. 1976, at 59, 68-73; Melissa Thorme, Establishing Environment As a Human Right, 19 DENv. J. INT'L L. & POL'Y 301 (1991); Henn-Jiiri Uibopuu, The Internationally Guaranteed Right of an Individual to a Clean Environment, 1 COMP. L. Y.B. 101 (1977). For a discussion of environmental rights and whether the Bill of Rights to the United States Constitution should be amended to include them, see Eric T. Freyfogle, Should We Green the Bill?, 1992 U. ILL. L. REv. 159. 2. See generally Louis B. Sohn, The New International Law: Protection of the Rights of Individuals Rather Than States, 32 AM. U. L. REV. 1 (1982) (tracing the development of international human rights). 3. See Marks, supra note 1, at 441.

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