International Law And The Right To A Healthy Environment As A Jus Cogens Human Right

International Law And The Right To A Healthy Environment As A Jus Cogens Human Right

I. JURISPRUDENTIAL BACKGROUND AND THEORETICAL ISSUES To date, traditional international law does not consider human environmental rights to a clean and healthy environment to be a jus cogens human right. Jus cogens (“compelling law”) refers to preemptory legal principles and norms that are binding on all international States, regardless of their consent. They are non-derogable…

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