Jurisprudence of the Supreme Court of India Relating to Environmental Protection

Article 21 of the Indian Constitution of 1949 provides for the fundamental rights to protection of life and personal liberty, stating that “[n]o person shall be deprived of his life or personal liberty except according to procedure established by law.” The Indian Supreme Court in a series of decisions has connected Article 21 with a right to a healthy …   Continue readingJurisprudence of the Supreme Court of India Relating to Environmental Protection

Decision of the Mexican Supreme Court of Justice: Amparo No. 631/2012 (Independencia Aqueduct)

The Yacqui Tribe from Sonora, Mexico, filed an amparo action against the Secretaría de Medio Ambiente y Recursos Naturales (SEMARNAT/Mexican Ministry of Environment and Natural Resources) concerning the construction of the Independencia aqueduct, which is designed to remove 60 million cubic metres of water from the Yaqui River to supply water to the city of Hermosillo. …   Continue readingDecision of the Mexican Supreme Court of Justice: Amparo No. 631/2012 (Independencia Aqueduct)

Environmental Jurisprudence of the Supreme Court of the Philippines

The Philippines’ Constitution includes as a State policy that “[t]he State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.” The first major case the Court decided with regard to this clause was the Minors Oposa case, in which the plaintiffs filed a class action law suit on behalf …   Continue readingEnvironmental Jurisprudence of the Supreme Court of the Philippines

Mendoza Beatriz Silva v. National Government of Argentina

Section 41 of Argentina’s Constitution states: “All inhabitants are entitled to the right to a healthy and balanced environment fit for human development in order that productive activities shall meet present needs without endangering those of future generations; and shall have the duty to preserve it. As a first priority, environmental damage shall bring about the …   Continue readingMendoza Beatriz Silva v. National Government of Argentina

The Environmental Jurisprudence of Costa Rica’s Constitutional Court

The Constitutional Chamber of the Costa Rican Supreme Court has actively implemented the constitutional right to a healthy environment. Since 1995, much of the case law of the Constitutional Chamber has concerned the application of article 50 of the Costa Rican Constitution, which sets forth the right to a healthy environment. The Constitutional Chamber has defined the …   Continue readingThe Environmental Jurisprudence of Costa Rica’s Constitutional Court