Human Rights and Environment: Comparing Judicial Approaches between Countries in the Global North and South

One of the issues which have interested various stakeholders in recent years in environmental law is the linkage between human rights and the environment. On the one hand, it has been recognised that there can be a direct link between environmental degradation and abuse of what is usually referred to as first generation human rights (such as the right to life). Similarly, victims of environmental degradation are also likely to suffer human rights abuses indirectly. However, there has been an ongoing debate, especially in academic circles, as to whether or not there is a distinct right to a healthy environment which is recognised by law. Much of this debate has centred on analysis of key human rights instruments at international, regional and national levels. Despite this continuing debate, it appears that the judiciary in some countries in the global South have given judgements which some have argued recognises a right to a healthy environment. The research therefore examines judicial decisions from various countries in the global North and South to see whether there is indeed a disparity in the approach of the judiciary. To the extent that there is, the paper tries to identify possible explanations in light of the fact that developments in the field of human rights have traditionally moved from the global North to the South.