Tag: Jurisprudence



Indigenous Peoples’ Property Rights – Jurisprudence of the Inter-American Court of Human Rights

The Inter-American Court of Human Rights applies and interprets the American Convention on Human Rights in respect to the 20 State Parties who have agreed to the Court’s contentious jurisdiction. Only a State Party or the Inter-American Commission on Human Rights has the capacity to bring cases before the Court. The Court has developed a strong jurisprudence on …   Continue readingIndigenous Peoples’ Property Rights – Jurisprudence of the Inter-American Court of Human Rights

Measures of the Inter-American Court of Human Rights and the Inter-American Human Rights Commission to Protect Environmental Human Rights Defenders

The Inter-American Court of Human Rights (the Court), which applies and interprets the American Convention on Human Rights in respect to the 20 State Parties that have agreed to the Court’s contentious jurisdiction, and the Inter-American Commission on Human Rights (IACHR), the organ responsible for promoting the observance and defence of human rights in all Member …   Continue readingMeasures of the Inter-American Court of Human Rights and the Inter-American Human Rights Commission to Protect Environmental Human Rights Defenders

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

Actions of the African Commission on Human and Peoples’ Rights

The African Charter on Human and Peoples’ Rights sets out a wide spectrum of human rights, including, in Article 24, the right of all peoples to “a general satisfactory environment favourable to their development”, and in Article 16(1), the right of every individual “to enjoy the best attainable state of physical and mental health.” The Charter established …   Continue readingActions of the African Commission on Human and Peoples’ Rights

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

Amparo Cause of Action and the Principle of Intereses Difusos in Costa Rica

Article 48 of the Costa Rican Constitution provides for the remedy of amparo in order to maintain or re-establish the enjoyment of rights set out in the Constitution, as well as those of a fundamental nature established in international human rights treaties enforceable in Costa Rica. The amparo cause of action has been construed very broadly, to allow …   Continue readingAmparo Cause of Action and the Principle of Intereses Difusos in Costa Rica

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

Economic Community of West African States (ECOWAS) Court of Justice’s Judgment in Socio-Economic Rights and Accountability Project (SERAP) v. Nigeria

Articles 6 and 15 of the Revised Treaty of the Economic Community of West African States (ECOWAS) establish the ECOWAS Court of Justice. The Court is mandated to ensure the observance of law and of the principles of equity, and to interpret and apply the provisions of the revised ECOWAS Treaty and all other subsidiary legal instruments adopted by ECOWAS. Among its other …   Continue readingEconomic Community of West African States (ECOWAS) Court of Justice’s Judgment in Socio-Economic Rights and Accountability Project (SERAP) v. Nigeria

Environmental Jurisprudence of the European Court of Human Rights

The European Court of Human Rights (ECHR), based in Strasbourg, was established in 1959 with the mandate to review alleged violations of the civil and political rights set out in the European Convention for the Protection of Human Rights and Fundamental Freedoms. Since 1998, individuals can apply to the Court directly. The Court and the Convention are an essential part of …   Continue readingEnvironmental Jurisprudence of the European Court of Human Rights

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