Title: Intra-system dynamism and the rights-based approach to the environment under the ECtHR

Authors: Befekadu Bogale Biru

Addresses: Institute of Foreign Affairs (IFA), Addis Ababa, Ethiopia

Abstract: This article aims to reflect on the ongoing debate regarding the relation between human rights and the environment focusing on the Council of Europe (the Council) framework. Specifically, it assesses how the pragmatism of the European Court of Human Rights (ECtHR), the active role of the pertinent organs of the council and some of the major legal-political developments therein such as the increasing European consensus and the margin of appreciation doctrine are contributing for the evolution of the rights-based approach to the environment in the region. Accordingly, the limitations related to the ECtHR's environment-related caselaw are overviewed. Thence, the aforementioned institutional and system-level factors are discussed cognizant of the limitations and to ponder on some of the major debates regarding the nexus between human rights and the environment.

Keywords: Council of Europe; CoE; European Court of Human Rights; ECtHR; rights-based approach to the environment; ECHR System.

DOI: 10.1504/IJPLAP.2023.131992

International Journal of Public Law and Policy, 2023 Vol.9 No.3, pp.285 - 300

Received: 25 Mar 2022
Accepted: 12 May 2022
Published online: 06 Jul 2023 *

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