What is it about?
The margin of appreciation is an interpretative approach of the European Court of Human Rights used in certain type of cases. It regards the role of states in deciding how to fulfil the commitments arising from the European Convention on Human Rights. In cases concerning the environment, this role often comprises balancing the environmental interests against the other interests, usually the economic ones. The article shows that applying the doctrine of margin of appreciation in environmental cases often means weakening the interests of the environmental protection in them.
Featured Image
Why is it important?
The doctrine of margin of appreciation has been usually described mainly in a general and theoretical way. For my article, I took the environmental case law of the Court and analysed how the doctrine has been used in this field. The article uncovers what impacts a general doctrine has when applied in a sensitive area, which the environment certainly is. It argues that in cases where the environmental interests are at stake the doctrine may enable to favour the economic counter-interests without breaching the Convention, which hinders the improvement of environmental protection through this European human rights instrument.
Perspectives
My article contributes to a general debate on the opportunities of protecting the environment through human rights instruments. When environmental rights are not explicitly recognized, which is the case of the European Convention, protecting the environmental interests encounters serious limits. In my opinion, the way how the ‘margin of appreciation’ doctrine is applied makes one of such barriers.
JUDr. Hana Mullerova, Ph. D.
Czech Academy of Sciences - Institute of State and Law
Read the Original
This page is a summary of: Environment Playing Short-handed: Margin of Appreciation in Environmental Jurisprudence of the European Court of Human Rights, Asymmetric Alkylation of α-Alkyl-α-amino Acid Derivatives for the Synthesis of α α-Dialkyl-α-amino Acids, December 2014, Wiley,
DOI: 10.1111/reel.12101.
You can read the full text:
Resources
Contributors
The following have contributed to this page
