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The central theme of this paper is to answer whether there exists a human right to environment in the international arena and in India.Shelton proposed three ways in which human rights law and environmental protection law could co-exist. He argues that the right to environment does not exist as a separate human right, rather it forms an integral part of other human rights.
Where environmental degradation is absolutely necessary in order to satisfy other human rights such as a right to livelihood, then the right to environment should not be cited to block such degradation.
Under such an approach, the human right to environment could be grouped under all three categories of human rights: civil and political rights; economic, social and cultural rights; and third generation rights.
The case arose from a 1977 treaty between Hungary and Czechoslovakia whereby the two countries decided to construct hydroelectric facilities on the river Danube and also to improve navigation and flood control on the same river.
During the year 1989, Hungary suspended and later abandoned work on the said project because of environmental concerns raised regarding the Project.
Apart from these international instruments, there are regional instruments which speak of the human right to environment.
Article 24 of the African Charter on Human and Peoples’ Rights, which entered into force on Oct.
There is an international movement today, cutting across the north-south divide, to protect and preserve the environment.
International law forms a major part of this development.
Judge Weeramantri, in a separate opinion, stated that the protection of the environment was a vital part of the contemporary human rights doctrine for it was a sine qua non for the enjoyment of various human rights.
The question asked at the beginning remains to be answered.