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39 B.U. Int'l L.J. 41 (2021)
Integrating Human Rights and Environmental Duties: Prospective Implications of Article 37 of the EU Charter of Fundamental Rights

handle is hein.journals/builj39 and id is 47 raw text is: INTEGRATING HUMAN RIGHTS AND
ENVIRONMENTAL DUTIES: PROSPECTIVE
IMPLICATIONS OF ARTICLE 37 OF THE EU
CHARTER OF FUNDAMENTAL RIGHTS
Ottavio Quirico*
ABSTRACT
Two   complementary  models have    been  envisaged  to integrate
environmental protection and fundamental rights: achieving environmental
sustainability via first- and second-generation human rights or recognizing
a third-generation human right to environmental protection. Within such a
context, along the lines of the fundamental tenet of sustainable development,
Article 37 of the Charter of Fundamental Rights of the European Union
(EUCFR) provides that a high level of environmental protection must be
integrated into the policies of the European Union (EU). In light of recent
developments in scholarly work and case law, this article reviews the
structure of EUCFR Article 37 and assesses its impact on the relationship
between environmental protection and fundamental rights. It is argued that,
despite structural limits implied by its nature as a disability-immunity rule,
EUCFR Article 37 can contribute to a complete integration between
environmental duties and human rights via the establishment of an emerging
human   right to  a  sustainable environment, both   regionally  and
internationally. This would further help to clarify the relationship between
the fundamental right to environmental sustainability and specific, possibly
fundamental, environmental rights, spanning from the right to a sustainable
climate to the duty to protect biodiversity, as well as their international legal
status.
* Associate Professor, University of New England, Law School, Australia; Adjunct,
Australian National University, Research School of Social Sciences, Centre for European
Studies;  Alumnus,  European  University  Institute  -  oquirico@une.edu.au;
ottavio.quirico@anu.edu.au; ottavio.quirico@eui.eu. With the support of the Erasmus+
Programme of the European Commission. 620604-EPP-1-2020-1-AU-EPPJMO-PROJECT.
Contents reflect the view of the author only.

41

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