Environmental Human Rights and Climate Change by Bridget Lewis

Author:Bridget Lewis
Language: eng
Format: epub
ISBN: 9789811319600
Publisher: Springer Singapore

6.2 Balancing Dynamism and Proliferation in International Human Rights Law

In Chap. 4 the sources of international law were examined in order to determine the current legal status of the right to a good environment. This survey was conducted on the basis that, as Bertrand Ramcharan has said, ‘[t]he determination of what are international human rights is a matter that belongs, in the final analysis, in the domain of international law’ (1983: 267). He has stated that ‘[t]he question whether a particular international human right exists is a normative one, to be determined by reference to the law-creating processes or the law-determining agencies of international law’ (1983: 267). But, as Stephen Marks has said:Anyone who has studied international law knows, however, how exceedingly complex it is to determine what the exact rules are. In the field of human rights this determination is rendered even more problematical by the temptation to believe that a desirable proposition is a human right and to rely on the slightest evidence, such as a resolution of the General Assembly of the United Nations, to prove it (2004: 436).

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