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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