The right to clean or healthy environment, or what may be called environmental right, is one of the most controversial emerging rights since the agitation for the recognition of the link between human rights and the environment started gaining momentum at international law forums. This is happening partly because, at the global level, no treaty attempts to delimit the scope of this right explicitly; an endeavour which would have served as a form of guide to national jurisdictions. Given that the UN General Assembly recently officially resolved that a clean, healthy and sustainable environment is a universal human right, and considering the implication this may have on national jurisdictions, it has become more imperative to redefine this right for the ease of enforcement. This chapter seeks to examine the conceptual and the theoretical conundrum as well as the criticisms of the right to clean, safe and healthy environment that have largely played a prominent role against the enforcement of the rights in general. The chapter also examines constitutional challenges associated with the recognition of the rights in Nigeria and the judicial effort in the case of Gbemre v SPDC in attempting to expound the constitutional right to life to include the right to the environment. The chapter finds that the right to the environment has been described and qualified diversely from one jurisdiction to another rendering the same susceptible to the challenges of interpretation. The chapter, however, suggests that given the importance of the right, same should be interpreted, no matter how it is qualified, to mean a right to an environment fit for human living, the courts being sufficiently able to draw the line between what environment is fit and what is not for human habitation.
Recognition; Enforcement; Clean environment; Environmental right; Constitution; Justiciable; Nigeria
Brown Etareri Umukoro, and Oghenerukevwe Ituru, ‘Conceptual Challenges to the Recognition and Enforcement of the Right to Clean, Safe and Healthy Environment’ in Hasrat Arjjumend (ed), Advances in Environmental Law (TGI Books/ The Grassroots Institute, Montreal/Vancouver, Canada, 2024), pp. 125-160. ISBN: 978-1-7778455-2-0. https://doi.org/10.33002/enrlaw-333/c5
Open Access. Copyright © 2024 the author(s), published by TGI Books/ The Grassroots Institute. This work is licensed under the Creative Commons Attribution- Non Commercial - No Derivatives 4.0 International License. This work was first published as an article in the JELP journal of the same publisher with Doi: https://doi.org/10.33002/jelp02.02.01. This Chapter is the revised 2nd edition.
Edited by Dr. Hasrat Arjjumend
Open Access
"Advances in Environmental Law" is a ground-breaking exploration of the ever-evolving field of environmental jurisprudence, providing a comprehensive examination of key themes such as Environmental Law, Climate Law, European Law, Globalization, Indigenous Peoples, Right to Clean Environment, Environmental Litigation, Clean Energy, Sustainable Development, and Environmental Policy. Authored by leading experts in the field, this book serves as a vital resource for legal professionals, policymakers, academics, and anyone passionate about the intersection of law and environmental sustainability.
Foreworded by eminent and high stature legal scientist, Prof. Dr. Anatoly Getman, who is State honoured esteemed Rector of Ukraine’s the only National Law University in the name of Yaroslav the Wise, this book begins by dissecting the foundations of Environmental Law, offering a detailed analysis of international and domestic legal frameworks that shape environmental governance. It delves into the intricate web of treaties, conventions, and agreements that guide nations in their commitment to preserving the planet's health.
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Thus, the "Advances in Environmental Law" is a timely and authoritative work that not only captures the current state of environmental jurisprudence but also paves the way for future developments in the field. With its interdisciplinary approach and emphasis on global perspectives, this book is an invaluable resource for anyone seeking a deeper understanding of the intricate interplay between law, the environment, and sustainable development.
Arjjumend, H. (ed.) (2024). Advances in Environmental Law. Montreal/Vancouver, Canada: The Grassroots Institute, ISBN: 978-1-7778455-2-0. Doi: https://doi.org/10.33002/enrlaw-333