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18 Transnat'l L. & Contemp. Probs. 3 (2009)
Ecological Integrity and Biological Integrity: The Right to Life and the Right to Health in Law

handle is hein.journals/tlcp18 and id is 5 raw text is: Ecological Integrity and Biological Integrity: The Right to Life and the Right to Health in Law Laura Westra* I. IN TRODU CTION ...................................................................................... 3 II. NEGATIVE AND POSITIVE ASPECTS OF THE RIGHT TO HEALTH AND STATE RESPONSIBILITY ......................................................................... 9 A. The WTO and the Conflict Between Trade, Health, and H um an R ights .............................................................................. 13 B. The Protection of Ecology and Environmental Crimes ............... 17 C. On the Question of Military Necessity ..................................... 21 III. THE RIGHT TO LIFE AND THE RIGHT TO HEALTH AND FAMILY LIFE ...... 24 IV. ECOLOGICAL DIMENSIONS OF THE RIGHT TO LIFE AND TO HEALTH: THE LINK TO JUS COGENS NORMS ..................................................... 30 A. A Framework Convention for Global Health (FCGH) ................ 33 V. Do No HARM: ERGA OMNES OBLIGATIONS TO AVOID CRIMINAL ENVIRONMENTAL ACTIVITIES ............................................................. 39 A. Analogy and Harm in Canadian Criminal Law ........................ 42 V I. C ON CLU SION ........................................................................................ 44 I. INTRODUCTION Insofar as the duty to ensure the right to life is concerned, it requires the State to guarantee access to the material conditions necessary for supporting life; to take all possible measures to prevent violations of the right to life by others; to take all possible measures to safeguard the environment, to control harmful diseases and to pursue policies of peace within the world's community.' This Article begins with the proposition that climate change and its dramatic, adverse effects can be more thoroughly understood by comprehending the phenomenon in terms of biological integrity and ecological integrity. Ecological integrity refers to the conditions of ecosystems and natural areas, while biological integrity refers to the single organisms Professor Emerita (Philosophy) University of Windsor and Sessional Instructor, Faculty of Law, University of Windsor. Ph.D. University of Toronto 1983, Ph.D (Law) Osgoode Hall Law School 2005. 1 B.G. Ramcharan, The Concept and Dimensions of the Right to Life, in THE RIGHT TO LIFE IN INTERNATIONAL LAw 17 (B.G. Ramcharan ed., 1985).

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