TE PIRINGA FACULTY OF LAW
HUMAN RIGHTS & ENVIRONMENTAL LAW
2015 Outline
1.
Identification of Paper
Paper: LAWS570-15C Human Rights and Environmental law (Intensive)
This paper carries 30 points
2.
Staffing
Professor Ben Boer
Ben Boer has been teaching Environmental Law since 1979. Between 2006 and 2008 he was the
Co-Director (International) of the IUCN Academy of Environmental Law, the Secretariat of which is
based at Faculty of Law, University of Ottawa (see http://www.iucnael.org/) In 2008, he was
appointed as an Emeritus Professor in Environmental Law. He is now Distinguished Professor at
the Research Institute of Environmental Law, Law School, Wuhan University, People’s Republic of
China, where he works for three months per year. He is the Deputy Chair of the IUCN World
Commission on Environmental Law. He recently published Ben Boer (ed.) Environmental Law
Dimensions of Human Rights (Oxford University Press, 2015. He is the author, with Ross
Ramsay and Donald Rothwell, of International Environmental Law in the Asia-Pacific (Kluwer
1997; second edition in preparation).
Availability: Ben will be generally available in the week of the classes. As he will be either in
Sydney or travelling elsewhere after the seminars over, he is happy talk with you on Skype of the
telephone at other times, after arranging a time by email.
Room G.19 Te Piringa Faculty of Law between 12 and 18 April
Telephone + 61 2 9351 0465 or SMS messages to +61 411 444 972
Email: ben.boer@sydney.edu.au
Skype benboer1448
Webpage: http://sydney.edu.au/law/about/staff/BenBoer/
3.
Description and Structure of Paper
(a) Description of the paper
The paper provides an overview of the links between environmental law and human rights at
international, regional and national levels. It will initially introduce relevant principles of
international environmental law, and the relationship between environment law and human rights.
It will sketch the global human rights regime, and the regimes that have developed in the
European, African, Inter-American, Pacific and Asian regions. The emerging international
recognition of the right to a safe, clean, healthy and sustainable environment will be explored.
Individual topics will include constitutionalization of environmental rights, the relationships between
human rights and pollution, land degradation, climate change, involuntary human displacement,
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the right to food and water, Indigenous peoples, biodiversity, and access to nature. The paper also
includes the issue of access to environmental justice as a procedural aspect of human rights, and
the institutions and courts relevant to achieving environmental justice.
(b) Structure of the Paper
General
This is an intensive paper. The teaching component comprises lectures and seminar discussion
on specific topics, with time devoted to questions and answers and small group discussions.
(c) Seminar Participation
A particular focus of this paper is to promote the development of students’ capacity to engage
independently with the topics that are covered. To this end, please read as much of the relevant
reading materials as possible before each session, and to be willing to contribute your own
perspective on these materials.
(d) Seminar timetable:
Monday 13 April to Friday 17 April, 9.00 am to 3.00 pm; see class schedule below.
(e) Seminar Room: LAW G.02
4.
Skills and Learning outcomes
The paper seeks to develop three main skills:
1. Skills of legal analysis and reasoning: the capacity to engage in a critical analysis of the
rules and principles concerning human rights and the environment.
2. Skills of legal problem-solving: the ability to analyse complex fact situations involving
issues of human rights and the environment at international, regional and national level, to
identify those issues, and to apply relevant legal principles in a problem-solving context.
3. Skills of legal research and writing: the ability to use research methods to write in a clear
and logical manner, using plain and concise language, on issues concerning human rights
and the environment.
A student who has successfully completed this paper will have:
1. Acquired a good grasp of the history of development and human rights concepts in relation
to environmental law
2. Gained a close familiarity with environmental law principles in context of human rights
3. The capacity to identify the human rights dimensions of a range of environmental issues
4. Gained a good understanding of the philosophical and practical aspects of the relationship
between human rights and the environment
5. Acquired a good knowledge of the relevant international, regional and national institutions
concerning human rights and environmental issues.
5.
Workload
In addition to lecture attendance, significant time will need to be spent on background and
complementary reading. Please read as widely as possible from the reading materials. Students
should allow for periods of more-focused research time in the preparation of assignments.
6.
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Required and Recommended Reading
(a) Style Guide
All law students are required to acquire, for use in all law papers, a copy of McLay, Murray &
Orpin, New Zealand Law Style Guide, Thomson Reuters (2009). This is available from Bennetts,
at an approximate price of $24.30.
(b) Moodle materials
Material will be provided on the paper site on Moodle (http://elearn.waikato.ac.nz), the University
of Waikato’s online learning system. Any such material is provided on the following terms:
University of Waikato owns the intellectual property rights, including copyright, in and to
this site, or has acquired the necessary licenses to display the material on the site. As a
student of the Te Piringa Faculty of Law, you are granted a limited license to use (access,
display or print a single copy) the material from the papers in which you are enrolled for the
purposes of participating in the paper only, provided the information is not modified.
Materials may not under any circumstances be copied, stored, distributed or provided in
any form or method whatsoever to any third party. Any other use of the material is
prohibited. None of the material may be otherwise reproduced, reformatted, republished or
re-disseminated in any manner or form without the prior written consent of University of
Waikato. To obtain such consent, please contact the Te Piringa Faculty of Law.
7.
Online support
Online support for this paper is provided via Moodle.
8.
Assessment
a)
General requirements for assessed work
School procedures for the presentation of course work are set out in the Te Piringa Faculty of Law
Graduate and Postgraduate Handbook which is available from: www.waikato.ac.nz/law/graduate.
See also paragraph 12 below on referencing guidelines and plagiarism.
An assignment template document including coversheet is available on the Law Student
Homepage www.waikato.ac.nz/law/student/.
b)
1.
Requirements for written assignments for this paper
Research Essay: 70%
Due date: Monday 25 May, 5 pm
The research paper is designed to allow for a detailed and critical analysis of international
environmental legal issues. A list of suggested topics will be distributed during the first seminar.
Topics may also be self-selected, subject to the approval of the course co-ordinator. The research
essay may be no more than 6000 words in length, including footnotes. A reference list only of all
materials actually referred to in the essay should be included at the end. The list of references is
not included in the word count. Please ensure that you include an electronic cover page with all
relevant details.
All students must submit a one page outline, with a preliminary list of references for approval by
Ben Boer at ben.boer@sydney.edu.au within one week from the end of the paper seminars,
namely by Friday 24 May.
The essay must be submitted electronically via Moodle (http://elearn.waikato.ac.nz). Please
ensure that you include an electronic cover page with all relevant details. Precise research essay
requirements will be made available during the week of lectures.
2. Short Assignment. 30%
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Due date: Monday 15 June, 5 pm
This assignment will be in the form of a question which deals with various aspects of the paper. It
will be made available on Moodle (http://elearn.waikato.ac.nz). The assignment may be no more
than 3,000 words in length (including footnotes), and is worth 30% of the final grade for the paper.
It must be submitted electronically via (http://elearn.waikato.ac.nz) . Please ensure that you
include an electronic cover page with all relevant details.
You must retain an electronic and hard copy of your papers until you have received your final
results for the paper.
d)
Handing in, marking time and collection
All assignments must be submitted electronically through Moodle (http://elearn.waikato.ac.nz), and
include a coversheet. The coversheet template is provided on the Law Student Homepage
(www.waikato.ac.nz/law/student). See Te Piringa Faculty of Law Graduate and Postgraduate
Handbook, available at www.waikato.ac.nz/law/graduate. Where practicable, it is the policy of Te
Piringa Faculty of Law to return marked work to students within five weeks of submission.
If you require assistance with Moodle, or encounter any problems, please contact the Help Desk.
You can send a message to Help Desk by using the instant message service in your paper’s
Moodle site (from the participants list within the People block). Alternatively, you can email them
directly at help@waikato.ac.nz or call 838 4008.
e)
Measurement of Achievement
Achievement in assignments and presentations will be measured in terms of levels of
understanding and knowledge gained, in terms of the originality and the sophistication of analysis
provided, in terms of coherent and logical structure, and in terms of the fluency and accuracy of
expression and referencing.
f)
Management of assessment deadlines, process for requesting extensions and special
consideration, and for appeals
i)
Extensions
Students are required to complete and submit all assessment by specified dates. The meeting of
deadlines is a mark of professionalism and its enforcement is essential for fairness to all students
taking the paper. Handing in course work on or before the due in date also facilitates the timely
return of marked work by academic staff. Students should meet requirements as to time deadlines
for course work, or make a request for an extension or special consideration in appropriate
circumstances (see Graduate Programmes Manual available from the Faculty of Law Graduate
website www.waikato.ac.nz/law/graduate/.) Failure to comply with requirements as to the time
deadlines for internal assessment without having successfully applied either for an extension or
special consideration with supporting evidence before the due date will result in deduction of 2.5
marks for each day the work is late. Lateness of more than a week may result in the work not
being marked. No deadlines may be extended beyond two weeks after the last teaching day of
the semester(s) in which the paper is taught as final grades must go to the Board of Examiners at
this time. Unless an extension in writing has been granted, a lecturer may refuse to accept a
piece of work which is submitted after the specified date, and automatically award it no mark, or
may lower the mark as a penalty for lateness.
Applications for extension, on the form obtainable from the Resource Room, must be submitted to
the Chief Examiner or nominee. Students should not submit the extension form to the lecturer,
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nor should students seek extensions from the lecturer via other forms of communication.
Extensions will be granted only on evidence of illness, family bereavement, or serious personal
accidents or circumstances. Please note that too many assignments due at the same time is NOT
an acceptable reason, neither are claims that computers and/or printers have crashed. Account
will be taken of the time in which the student has had to complete the internal assessment before
the supervening event occurred. It will be important to consider if the grant of the extension will
give the student in question an unfair advantage over other students. A maximum period of 21
days will be given as an extension unless there are exceptional circumstances. In determining
applications the Chief Examiner or nominee may consult with the Convenor or lecturer of the
relevant paper.
When the Chief Examiner or nominee has made a decision on the application for extension, the
Resource Room Administrative Assistant will advise the student of the decision by email.
Following this, the extension form will be given to the relevant lecturer who will retain it until after
the assignment is marked and returned to students. The form will then be placed on the student’s
file. In appropriate cases, when a student’s application for extension is declined the Chief
Examiner or nominee will inform the student of the process for applying for special consideration.
ii)
Special Consideration
The Assessment Regulations 2005 as set out in the University Calendar 2015 list in detail the
university-wide policies and procedures, which apply concerning missed or impaired course work.
Students are responsible for ensuring that they comply with these regulations. Application forms
for special consideration for internal assessment are available from the Resource Room.
iii)
Appeals (University Calendar 2015, Assessment Regulations 2005, Reg. 24)
A student may appeal against any decision taken under these regulations.
An appeal, comprising a written statement of the circumstances of the appeal, together with
supporting evidence if available, must be submitted by the student in writing to the Director of
Student & Academic Services not more than seven days after the date on which notification of the
relevant decision is received.
Appeals under this section are considered and decided by the Deputy Vice-Chancellor by
delegated authority of the Academic Programmes Committee.
A decision by the Deputy Vice-Chancellor is notified in writing, and is final.
9.
University Calendar Regulations and Policies
Your attention is drawn to the following regulations and policies, which are published in the
University Calendar 2015.
Assessment Regulations 2005
Student Discipline Regulations 2008
Computer Systems Regulations 2005
Policy on the Use of Māori for Assessment
Student Research Regulations 2008
Ethical Conduct in Human Research and Related Activities Regulations 2008.
10.
Fees
Refer to http://calendar.waikato.ac.nz/admission/tableoffeesandcharges.html.
11.
(a)
Referencing guidelines and caution against plagiarism
Referencing must be in accordance with the New Zealand Law Style Guide.
(b) All written work submitted for the purposes of assessment must be your own work. Copying
or paraphrasing all or part of another person’s work, be it published or unpublished, without clear
attribution, is plagiarism. Plagiarism is misconduct and is dealt with under the disciplinary
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procedures of the University as outlined in the Student Discipline Regulations 2008 in the
University Calendar.
“Plagiarism means presenting as one’s own work the work of another, and includes
the copying or paraphrasing of another person’s work in an assessment item
without acknowledging it as the other person’s work through full and accurate
referencing; it applies to assessment presented through a written, spoken,
electronic, broadcasting, visual, performance or other medium.” See section 3,
Assessment Regulations (2015 Calendar).
Unless approved otherwise by the examiners of the papers concerned, a student must not
submit as assessment material that is substantially the same as material submitted as
assessment for a different paper.
(c)
The Te Piringa Faculty of Law’s policy regarding plagiarism is contained in the Te Piringa
Faculty of Law Graduate and Post-Graduate Handbook and the Te Piringa Faculty of Law
Graduate Programmes Manual, available from www.waikato.ac.nz/law/graduate/.
12.
Health and safety
The Faculty of Law’s Health and Safety representative is Ms Renee Rewi who is in Room Law
G69 at ext 6727.
13.
Class representation
At the commencement of the intensive paper, a class representative will be elected by the
students in LAWS570 Human Rights and Environmental Law. This representative is encouraged
to communicate regularly with the Convenor. Students in this paper are encouraged to liaise with
their representative to discuss issues of concern. Contact details for the Student Representation
Coordinator,
Academic
Services
Division,
are
as
follows
ext.
6264,
email:
student.reps@waikato.ac.nz
14.
Complaints procedures
The brochure Student Concerns and Complaints Policy provides details of the University’s
process for handling concerns and complaints and is available from Faculty and School Offices,
The Gateway and Student Services Division and is contained in the Calendar 2015. See also the
document Student Support Structure at Te Piringa Faculty of Law, available from the Resource
Room.
SEMINAR TIMETABLE AND OUTLINE OF TOPICS
The course is taught intensively over five days. On each day the first seminar will commence at
9.00 am and the last seminar will conclude at 3.00pm. There will be a one-hour break for lunch
each day, and half-hour breaks in the morning.
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Summary of seminars
Day One, Monday, 13 April 2015
1.
9.00 – 10.30
2.
11.00 – 12.30
3.
1.30 – 3.00
(a) Introduction to Global Human Rights and Environmental Law
(b) Convergence of Environmental Rights and Human Rights
(c) Sustainable Development and Human Rights
Human rights treaties and institutions: European, Inter-American,
African, Asian, Pacific
The right to environment; international and national examples and
cases
Day Two, Tuesday, 14 April 2015
4.
9.00 – 10.30
5.
11.00 – 12.30
6.
1.30 – 3.00
Substantive Environmental Rights: international, regional and
national
Procedural Rights: The Right to Information and Public
Participation
Procedural Rights: Access to Environmental Justice: Compliance
and Enforcement
Day Three, Wednesday 15 April 2015
9.00 – 10.30
11.00 – 12.30
1.30 – 3.00
7.
8.
9.
Water and Food Security
Pollution and Human Rights
Land Degradation and Human Rights
Day Four, Thursday 16 April 2015
10.
9.00 – 10.30
Right of Access to Natural Environments
11.
11.00 – 12.30
Heritage and Human Rights
12.
1.30 – 3.00
Indigenous Peoples, the Environment and Human Rights
Day Five, Friday 17 April 2015
13.
9.00 – 10.30
14.
11.00 – 12.30
15.
1.30 – 3.00
Climate Change and Human Rights
Involuntary Displacement and Human Rights in the Pacific and
Asian Regions
Questions and Answers,
Discussion of Essay Topics and Short Assignment
Concluding Remarks
Note: some of the seminars may be extended or shortened, depending on discussions
and student interest.
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Reading materials
For each topic, a range of reading materials have been prepared. Many of these will be
placed on Moodle. The lecturer will also send material separately as required.
Recommended books
It is highly desirable that you have access to
1. DK Anton and DL Shelton, Environmental Protection and Human Rights, Cambridge 2011
(Anton and Shelton)
In addition, following books will prove helpful for your research papers:
The first three of these books are directly related to Environmental Law and Human Rights. The
other three are for general reference in International Environmental law.
2. Ben Boer (ed.) Environmental Law Dimensions of Human Rights.
3. Kravchenko, S. and Bonine, J. Human Rights and the Environment: Cases, Law and Policy,
Carolina Academic Press, 2008.
4. Patricia Birnie, Alan Boyle and Catherine Redgwell, International Law and the Environment
(3nd ed), New York: Oxford University Press, 2009.
5. David Hunter, James Salzman and Durwood Zaelke, International Environmental Law and
Policy Foundation Press (4th ed. 2010 or 5th ed. 2015).
6. Philippe Sands and Jacqueline Peel. Principles of International Environmental Law,
Cambridge 2012.
READING GUIDE
Day One
1.
9.00 – 1. (a) Introduction to Global Human Rights and Environmental Law
10.30
Anton and Shelton: Ch 1. Law and the Environment
Ch 2. The Environment as a Human Rights Issue
Readings on Moodle
1.
2.
3.
4.
The Universal Declaration of Human Rights 1948
The Covenant on Economic, Social and Cultural Rights 1966
The Covenant on Civil and Political Rights 1966
Draft Covenant on Envirnment and Development 4th edn. ICEL and IUCN
https://portals.iucn.org/library/efiles/documents/EPLP-031-rev3.pdf Articles 3
and 4
5. Hunter, Salzman, Zaelke – International Law and Policy (3rd edition), Human
Rights and Environment; Chapter 18 pp1365-1446
6. Shelton, D. “ Human Rights” Chapter 22, UNEP Training Manual on
International Environmental Law 2006
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1. (b) Convergence of Environmental Rights and Human Rights
Readings on Moodle
1. Stockholm Declaration on the Human Environment Article 1
http://www.unep.org/Documents.Multilingual/Default.asp?documentid=97&
articleid=1503
2. Rio Declaration on Environment and Development, Article 1
http://www.unesco.org/education/nfsunesco/pdf/RIO_E.PDF
3. Aarhus Convention on Access to Information, Public Participation in
Decision-Making and Access to Justice in Environmental Matters:
Preamble
4. Kravchenko, S. and Bonine, J. – Human Rights and the Environment,
“Why Human Rights and the Environment?” pp. 3-22.
5. Francioni, Francesco, The European Journal of International Law Vol.21
no.1 (2010), “International Human Rights in an Environmental Horizon”
pp41-55
6. Conor Gearty, ‘Do human rights help or hinder environmental protection?’
1 Journal of Human Rights and the Environment 7 (2010)
7. International Court of Justice, Gabcíkovo-Nagymaros Project (Hungary v.
Slovakia) (1997) – Separate Opinion of Vice-President Weeramantry
8. Case of Öneryildiz v. Turkey 2004
9. Ben Boer (ed.) ‘Introduction’ in Ben Boer, Environmental Law Dimensions
of Human Rights, Oxford 2015
1. (c) Sustainable Development and Human Rights
Anton and Shelton: pp. 87-90
Readings on Moodle
1. Report of the United Nations Conference on Sustainable Development,
Rio de Janeiro Brazil June 2012
2. OHCHR and UNEP – Human Rights and the Environment; Rio+20: Joint
Report, 2012
3. United Nations, Open Working Group proposal for Sustainable
Development Goals,
https://sustainabledevelopment.un.org/index.php?page=view&type=400&n
r=1579&menu=1300
Additional reading
1. UN Declaration on the Right to Development 1986
2. Millennium Development Goals, 7, Ensure Environmental Sustainability,
http://www.un.org/millenniumgoals/environ.shtml
3. International Court of Justice, Pulp Mills on the Uruguay River (Argentina
v. Uruguay) (2010) – summary of judgment and Joint Dissenting Opinion
Judges Al-Khasawneh and Simma.
4. Draft International Covenant on Environment and Development EPLP No.
31. IUCN Commission on Environmental Law of IUCN Third Edition:
Second Revised Text, 2010 Articles 3 and 4: http://data.iucn.org/dbtwwpd/edocs/EPLP-031_rev2.pdf
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2.
11.00
–
12.30
Human Rights Treaties and institutions
Readings on Moodle
1.
2.
3.
4.
5.
6.
European Convention on Human Rights and Fundamental Freedoms 1950
American Convention on Human Rights 1969
San Salvador Protocol to the American Convention on Human Rights 1988
African Charter on Human and Peoples’ Rights 1981
ASEAN Declaration on Human Rights 2012
Proposed Pacific Charter: Haines-Sutherland, K. Balancing Human Rights
and Customs in the Pacific Region: A Pacific Charter of Human Rights?
Asia-Pacific regimes:
Ben Boer ‘Environmental Law and Human Rights in the Asia-Pacific’ in Boer, B.W.
(ed.) Environmental Law Dimensions of Human Rights 2015).
3.
1.30 - The right to environment; international and national examples and cases
3.00
Readings on Moodle
1. Report of the Independent Expert on the Issue of Human Rights
Obligations relating to the Enjoyment of a Safe, Clean, Healthy and
Sustainable Environment, John H. Knox’, UN Doc. A/HRC/22/43 (24
December 2012), available at
http://www.ohchr.org/Documents/HRBodies/HRCouncil/RegularSession/S
ession22/A-HRC-22-43_en.pdf
2. May, James R and Daly, Erin – IUCN Academy of Environmental Law
eJournal Issue 2011 (1), New Directions in Earth Rights, Environmental
Rights and Human Rights: Six Facets of Constitutionally Embedded
Environmental Rights Worldwide pp13-25
3. Boer, Ben, ‘Environmental Law and Human Rights in the Asia-Pacific’ in
Boer, Ben (Ed.) Environmental Law Dimensions of Human Rights, Oxford
2015 (See Topic 3, above)
4. Boyle, Alan: ‘Environmental Rights and the Environment; Where Next?’ in
Boer, B.W. (ed.) Environmental Law Dimensions of Human Rights 2015
5. Draft Covenant on Environment and Development 4th edn. ICEL and
IUCN 2010.
Day Two
4.
9.00 – Substantive Environmental Rights: International regional and national
11.30
Anton and Shelton: Ch 7: “Substantive Human Rights and the Environment”, pp.
436-463
Readings on Moodle
1. Kravchenko, S. and Bonine, J – Human Rights and the Environment,
“Substantive Environment Rights in International Law”
2. Cantley-Smith, R., “A Human Right to a Healthy Environment” in Gerber P,
and Castan, M. – Contemporary Perspectives on Human Rights Law in
Australia 2013
3. European Convention on Human Rights and Fundamental Freedoms (see
Topic 2, above)
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4. San Salvador Protocol to the American Convention on Human Rights 1988
(see Topic 2, above)
Additional reading
1. Manual on Human Rights and the Environment, Council of Europe, 2012
http://book.coe.int/EN/ficheouvrage.php?PAGEID=36&lang=EN&produit_a
liasid=2714
2. Dinah Shelton, Developing substantive environmental rights, Journal of
Human Rights and the Environment, Vo1 1, No 1 March 2010 89-120:
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1576508
5.
11.00
–
12.30
Procedural Rights: The Right to Information and Public Participation
Readings on Moodle



Aarhus Convention on Access to Information, Public Participation in DecisionMaking and Access to Justice in Environmental Matters.
Blake, Janet and Boer, Ben – “Human Rights, the Environment and the
Tehran Declaration,” Environmental Policy and Law, (2009)
“Tehran Declaration on Human Rights and the Environment 2009”,
Environmental Policy and Law, 39/6 (2009)
Anton and Shelton: Ch 6, “Procedural Human Rights and the Environment” pp.
356-435.
6.
11.00
–
12.30
Procedural Rights: Access to Environmental Justice: Courts, Compliance
and Enforcement
Anton and Shelton: Ch. 6, “Procedural Human Rights and the Environment” pp.
356-435.
Readings on Moodle
1. Kravchenko, S. and Bonine, J – Human Rights and the Environment,
Access to Justice: Compliance, Enforcement, and Remedies; pp311-332
2. Birnie, P. Boyle, A. Redgwell, C, – International Law & the Environment
(3rd edition), “Non-state Actors: Environmental Rights, Liability, and
Crimes”; pp269-334
Additional reading
1. Dinah L. Shelton, Sylvia Bankobeza and Barbara Ruis, Information, Public
Participation and Access to Justice in Environmental Matters, UNEP
Training Manual on International Environmental Law, 79 – 88.
http://www.iucnael.org/online-resources/unep-training-manual.html
2. I/A Court H.R., Case of Claude-Reyes et al. v. Chile. Merits, Reparations
and Costs. Judgment of September 19, 2006. Series C No. 151 (excerpts).
3. ECtHR, Case of Guerra and others v. Italy (excerpts).
4. Jonas Ebbesson, Information, Participation, and Access to Justice: The
Model of the Aarhus Convention (2002)
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Day Three
7.
9.00 –
10.30
Water and Food Security
Readings on Moodle
Anton and Shelton: “A Right to Water” pp. 464-486
1. The Human Right to Water and Sanitation - Mediabrief
2. Hunter, Salzman, Zaelke – International Law and Policy (3rd edition),
‘Freshwater Resources” ; Chapter 13 pp. 845-906
3. Nordling, A. – Environment and Human Rights in the Mekong Region, May
2005
Additional reading
1. UN Committee on Economic, Social and Cultural Rights, General
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
8.
11.30
–
12.00
Comment on the Right to Water (2003).
UNESCO Intangible Heritage Section, Nomination Form of Intangible
Heritage: The Water Tribunals in Southern Spain (2009).
World Bank, ICSID Arbitration, Aguas del Tunari S.A. v. Republic of Bolivia
(ICSID Case No. ARB/02/3) (Press Release) (full text of the case available
at http://icsid.worldbank.org/ICSID/FrontServlet)
Water Resources Law 2007 of Paraquay: Article 3(b) “Access to water is a
basic human right guaranteed by the State”
http://www.temasactuales.com/assets/pdf/gratis/PARwatLaw.pdf
Millennium Development Goals, 7, Ensure Environmental Sustainability,
Target 3, Halve, by 2015, the proportion of the population without
sustainable access to safe drinking water and basic sanitation
http://www.un.org/millenniumgoals/environ.shtml
Philip Hirsch et al, National Interests and Transboundary Water
Governance in the Mekong
http://sydney.edu.au/mekong/documents/mekwatgov_mainreport.pdf
Svitlana Kravchenko and John Bonine, Human Rights and the
Environment; Cases, Law and Policy, Chapter 4, “Right to Water” 113-119
Pulp Mills on the River Uruguay (Argentina v Uruguay), International Court
of Justice 2010; Majority judgment: http://www.icjcij.org/docket/files/135/15877.pdf
Pulp Mills on the River Uruguay (Argentina v. Uruguay), Summary of the
Judgment of 20 April 2010 and Joint dissenting opinion of Judges AlKhasawneh and Simma pp108-120
Youtube videos on the case
http://www.youtube.com/watch?v=DRdLFEsLctI
Youtube Statement of result by the Court
http://www.youtube.com/watch?v=SKrAPu-6xQ8
Pollution and Human Rights
Anton and Shelton: “The rights to life and health” pp.. 436-463
Readings on Moodle
1. Human Rights Council – Resolution 9/1. Mandate of the Special
Rapporteur on the adverse effects of the movement and dumping of toxic
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2.
3.
4.
5.
6.
7.
and dangerous products and wastes on the enjoyment of human rights
Inter-American Commission on Human Rights – Report no. 69/04, Petition
504/03, Admissibility Community of San Mateo De Huanchor and its
Members Peru, October 2004
Social and Economic Rights Action Centre (SERAC) and Another v Nigeria
(2001) AHRLR 60 (ACHPR 2001)
Case of Guerra and Others v Italy, European Court of Human Rights, 19
February 1998
Pulp Mills on the River Uruguay (Argentina v. Uruguay), Summary of the
Judgment of 20 April 2010 and Joint dissenting opinion of Judges AlKhasawneh and Simma pp108-120
Öneryildiz v. Turkey 2004
Taşkin v Turkey 2004
Additional reading
1. Human Rights and the Environment: Rio+20: Joint Report OHCHR and
UNEP
http://www.unep.org/environmentalgovernance/Portals/8/JointReportOHC
HRandUNEPonHumanRightsandtheEnvironment.pdf
2. IACHR, Report n. 69/04, Petition 504/03, Admissibility. Community of San
Mateo de Huanchor and its Members v. Peru, 15 October 2004 (excerpts);
3. African Commission of Human and Peoples’ Rights, Social and Economic
Rights Action Centre (SERAC) and Another v. Nigeria Basel Convention
on the Transboundary Movement of Hazardous Wastes; (2001), 2001
AHRLR 60.
9.
1.303.00
13
Land degradation and Human Rights
1. Readings on Moodle
2. UNCCD, Zero Net Land Degradation, A Sustainable Development Goal
for Rio+20 (May 2012)
3. Common Statement – Protecting soils for our Common Future, A call for
action, September 2011
4. Rio+20: The Future We Want paras 206-209
5. United Nations Convention to Combat Desertification 1994
http://www.unccd.int/en/about-the-convention/Pages/About-theConvention.aspx
Anton and Shelton: Ch 1 “Law and the Environment”, pp. 3 - 16
Additional reading
Stefan Gruber, ‘Human Displacement and Climate Change in the Asia-Pacific’,
in Ben Boer (ed) Environmental Law Dimensions of Human Rights, Oxford 2015.
United Nations Convention to Combat Desertification 1994
United Nations Convention to Combat Desertification Secretariat: Human Rights
and Desertification,
Ben Boer, ‘Land Degradation as a Common Concern of Humankind’, in
Lenzerini, F. and Vrdoljak, A. International Law for Common Goods: Normative
Perspectives on Human Rights, Culture and Nature, Hart Publishing 2014
UNEP
IEL
Manual
Chapter
19:
Desertification;
Web
version:
http://www.iucnael.org/online-resources/unep-training-manual.html
Berlin Statement on Soils, 2011, on Rio + 20 Website:
Review of existing information on interrelations between soil and climate
change: http://ec.europa.eu/environment/soil/index_en.htm
Protecting Soils for our Common Future: A call for action, September 2011:
https://www.umweltbundesamt.de/sites/default/files/medien/377/dokumente/stat
ement_protecting_soils_for_our_common_future_september_2011_0.pdf
Hunter, Salzman and Zaelke, Chapter 16 ‘Protection of Habitat: IV, International
Protection of Forests’, 1177-1212.
14
Day Four
10.
9.0010.30
Right of Access to Natural Environments
Readings on Moodle
1. Hunter, Salzman, Zaelke – International Law and Policy (3rd edition), Wildlife
Conservation; Chapter 15 Section III pp. 1074-1095
2. Picolotti, R. and Taillant, – Linking Human Rights and the Environment, “The
Right to the Conservation of the Environment”; pp31-56.
3. Weiner, Andy – “The Forest and the Trees: Sustainable Development and
Human Rights in the Context of Cambodia”
4. Convention on Biological Diversity, Akwe: Kon Voluntary Guidelines for the
Conduct of Cultural, Environmental and Social Impact Assessments Regarding
Developments Proposed to Take Place on, or which are Likely to Impact on,
Sacred Sites, and on Lands and Waters Traditionally Occupied by Indigenous
and Local Communities (2004).
5. Convention on International Trade in Endangered Species of Wild Fauna and
Flora, 1973
6. Convention on the Conservation of Migratory Species of Wild Animals 1979
7. Ramsar Convention on Wetlands 1971
8. Millennium Ecosystem Assessment, Ecosystems and Human Well-being –
“Biodiversity Synthesis” 2005
9. The Living Convention on Biocultural Diversity, October 2012
Anton and Shelton: Ch 1 “Law and the Environment”, pp. 3 - 16
Additional reading
1. IUCN World Conservation Congress Resolutions 2012, Jeju, Korea:
WCC-2012-Res-098-EN The human right to water and sanitation.pdf
WCC-2012-Res-099-EN IUCN Policy on Conservation and Human Rights for
Sustainable Development.pdf
WCC-2012-Res-100-EN Incorporation of the Rights of Nature as the organizational
focal point in IUCNs decision making.pdf
WCC-2012-Res-101-EN Child's right to connect with nature and to a healthy
environment.pdf
WCC-2012-Res-102-EN Human rights and access to natural resources in Latin
America.pdf
1. Francoise Burhenne-Guilmin, “Biodiversity & International Law: Historical
Perspectives & Present Challenges: Where do we come from, Where are we
going” in Biodiversity, Conservation, Law + Livelihoods, IUCN Academy of
Environmental Law Research Studies, pp. 26-42.
2. Hunter, Salzman and Zaelke, Chapter 15 ‘Biodiversity and Wildlife Conservation’
3. Convention on Biological Diversity, Protected Areas in Today’s World: Their
Values and Benefits for the Welfare of the Planet, especially 8.1 Protected Area
Governance: The New Paradigms; http://www.cbd.int/doc/publications/cbd-ts36-en.pdf
15
11.
Heritage and Human Rights
11.0012.30
Readings on Moodle


Boer, Ben and Gruber, Stefan – Environmental Discourses in Public and
International Law, “Heritage Discourses” pp. 375-398
Siegfried Wiessner, “The Cultural Rights of Indigenous Peoples:
Achievements and Continuing Challenges” European Journal of
International Law Vol. 22 No. 1, 2011
Additional reading
-
12.
11.0012.30
Intangible Heritage Convention http://www.unesco.org/culture/ich/
Francesco Francioni and Martin Scheinin (eds), Cultural Human Rights,
Nijhoff Publishers, 2008
Indigenous Peoples, the Environment and Human Rights
Anton and Shelton: Ch 8, “Indigenous Peoples, Rights and the Environment
Readings on Moodle
-
-
The American Convention on Human Rights: San Salvador Protocol 1999
http://www.oas.org/juridico/english/treaties/a-52.html
United Nations Declaration on the Rights of Indigenous Peoples 2007
Lixinski, Lucas – Treaty Interpretation by the Inter-American court of
Human Rights: Expansionism at the Service of the Unity of International
Law, The European Journal of International Law Vol. 21 no. 3
Kravchenko, S. and Bonine, J – Human Rights and the Environment,
“Indigenous Rights and Environment”; pp147-192
Leaflet No. 10: Indigenous Peoples and the Environment
Day Five
13.
9.00 – Climate Change and Human Rights
10.30
Anton and Shelton: Ch 1,“Law and Human Rights” pp. 6-13; “Climate
Refugees pp. 767-768; Indigenous peoples pp. 659-665; low-lying island
states pp. 766-767;
Readings on Moodle
1) United Nations Framework Convention on Climate Change1992
2) United Nations General Assembly, Human Rights Council – Annual
Report of the United Nations High Commissioner for Human Rights
and Reports of the Office of the High Commissioner and the
Secretary-General, 15 January 2009
3) Lyster, Rosemary – Towards a global justice vision for climate law in a
time of “unreason”, Journal of Human Rights and the Environment,
Vol 4 No. 1, March 2013 pp. 32-57
4) OHCHR – Concept Paper Seminar on Addressing the Adverse
Impacts of Climate Change on the Full Enjoyment of Human Rights,
24 February 2012, Geneva
16
Additional reading
1) Text of the Kyoto Protocol 1997: http://unfccc.int/2860.php
2) Outcomes of Cancun meeting December 2010 COP 16 / CMP 6
3)
4)
5)
6)
7)
8)
9)
14.
websection including the Cancun Agreements and Decisions adopted by
COP 16 and CMP 6
UNEP IEL Manual Chapter 10: Global climate change; Web version:
http://www.iucnael.org/online-resources/unep-training-manual.html 111121
The United Nations Climate Change Conference in Bali UNFCC website
Bali Action Plan, and Reducing emissions from deforestation in
developing countries
UNEP Climate Change Strategy 2010-2011
http://www.unep.org/pdf/UNEP_CC_STRATEGY_web.pdf
Woods, M. & Duer, E.M., ‘Global Climate Change’, Training Manual on
International Environmental Law, UNEP, Nairobi 2006, 111-119.
Hunter, Salzman and Zaelke, Chapter 11, ‘The Law of Climate Change’,
630-733
11.00 – Involuntary displacement and Human Rights in the Pacific and Asian
Regions
12.30
1. Kwa, Eric, ‘Climate Change and Indigenous Peoples in the
South Pacific: The Need for Regional and Local Strategies’, in
Richardson, B.J., Le Bouthillier, Y., McLeod-Kilmurray, H.,
and Wood, S. Edward Elgar 2011.
2. Saul, Ben –“An Insecure Climate for Human Security? ClimateInduced Displacement and International Law”, Legal Studies
Research Paper, October 2008
3. McAdam, Jane – Conceptualizing “Crisis Migration” UNSW Law
Research Paper No. 2013-20
4. Gruber, Stefan, ‘Human Displacement and Climate Change in the
Asia Pacific Region’ in Boer, B.W. (ed.) Environmental Law
Dimensions of Human Rights 2015.
5. Boer, Ben Climate Change and Human Rights in the Asia-Pacific: A
Fragmented Approach, in Climate Change and Human Rights: An
International and Comparative Law Perspective, edited by Quirico,
Ottavio and Boumghar Mouloud (Routledge, forthcoming, 2015)
6. Boer, Ben ‘Environmental Law and Human Rights in the Asia-Pacific’
in Boer, B.W. (ed.) Environmental Law Dimensions of Human Rights
2015 See Topic 3, above).
7. Gruber, S. Human Displacement and Climate Change in the Asia
Pacific Region Pacific’ in Boer, B.W. (ed.) Environmental Law
Dimensions of Human Rights 2015.
8. New Zealand cases:
a. Ioane Teitiota v The Chief of Executive of Ministry of Business,
Innovation and Employment [2014] NZCA 173 (New Zealand
Court of Appeal, 8 May 2014);
b. Ioane Teitiota v The Chief of Executive of Ministry of Business,
Innovation and Employment [2013] NZHC 3125 (High Court of
New Zealand, 26 November 2013);
c. AF (Kiribati) [2013] NZIPT 800413 (Immigration and Protection
17
Tribunal of New Zealand, 25 June 2013).
15.
3.30
5.00
18
– Conclusions
Concluding Remarks, Discussion of Essay Topics and Short Assignment