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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

Concept and Types of Environmental Rights

John Martin Gillroy, Joel Blaxland

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 24 February 2020

Subject(s):
Environmental rights

Published under the direction of the Max Planck Foundation for International Peace and the Rule of Law.
General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum.

1. The concept of environmental rights in comparative constitutional law is made manifest by their classification into one of two types. The standard and most common approach is to protect the natural world in order to facilitate human life, health, and economic benefit. The second, and far less prevalent view, claims nature should have legal standing and constitutional status in its own right. In order to introduce this typology in an efficient manner, we will exemplify the first, anthropocentric type of right, as it exists within the constitutions of France,...
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