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3 - The Law

Published online by Cambridge University Press:  11 October 2025

Bridget Lewis
Affiliation:
Queensland University of Technology
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Summary

Chapter 3 provides a detailed overview of the current state of international law. It begins by explaining the extent to which environmental rights are protected in international law. This includes an examination of the recent resolution of the United Nations General Assembly which recognised the right to a clean, healthy and sustainable environment. The chapter also looks at a number of specific human rights, such as the right to life and the right to an adequate standard of living, exploring the way these rights have been applied by courts and tribunals in environmental cases. The chapter also explains the role of intergenerational equity as a long-standing principle of international environmental law, albeit it one which often lacks legal force. Finally, the chapter provides some examples from domestic law where the environmental rights of future generations have been protected. Overall, the chapter demonstrates that, while there is now widespread recognition of the environmental dimensions of human rights and growing protections at the domestic level, international human rights law still provides only limited protection of environmental rights and no explicit protection of the rights of future generations.

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Publisher: Cambridge University Press
Print publication year: 2025

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  • The Law
  • Bridget Lewis, Queensland University of Technology
  • Book: Environmental Rights for Future Generations
  • Online publication: 11 October 2025
  • Chapter DOI: https://doi.org/10.1017/9781009574174.005
Available formats
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  • The Law
  • Bridget Lewis, Queensland University of Technology
  • Book: Environmental Rights for Future Generations
  • Online publication: 11 October 2025
  • Chapter DOI: https://doi.org/10.1017/9781009574174.005
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • The Law
  • Bridget Lewis, Queensland University of Technology
  • Book: Environmental Rights for Future Generations
  • Online publication: 11 October 2025
  • Chapter DOI: https://doi.org/10.1017/9781009574174.005
Available formats
×