Environmental Law Dimensions of Human Rights edited by Ben Boer Published by Oxford University Press, 2015, 246 pp., US$115.00, hardback.

• DOI: http://doi.org/10.1111/reel.12216
• Published date: 01 November 2017
• Author: John Pearson
• Date: 01 November 2017

RECIEL. 2017;26:305–309.    

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wileyonlinelibrary.com/journal/reel

DOI: 10.1111/reel.12216

BOOK REVIEWS

ENVIRONMENTAL LAW DIMENSIONS OF

HUMAN RIGHTS edited by Ben Boer

Published by Oxford University Press, 2015, 246 pp., US$115.00, hardback.

Human rights law is increasingly being viewed as an alternative

means of ensuring environmental protection for both the individual

and society. In this regard it has been added to the range of legal

fields which are considered as making up the corpus of environ-

mental law. The breadth of both the concept of an ‘environment’

and ‘human rights law’ make this convergence equally broad. With

this in mind, in Environmental Law Dimensions of Human Rights, Ben

Boer collects seven chapters which outline specific interactions

between human rights and environmental protection. These are

taken primarily from a series of lectures which have been expanded

and updated as contributions to the book. This approach is appar-

ent in the variance between the chapters, which reflects diversity

in the field itself, and the major challenges and questions it faces

as well.

The book provides insights into differing subjects and objects of

human rights law pertaining to the environment, specific issues and

the application of this growing field of inquiry to them, and a range of

jurisdictional settings for this. Whilst such a diverse range of subjects

might reduce the cohesion of a relatively short text, the summary pro-

vided by the concluding chapter written by Alan Boyle identifies the

range of issues facing the development of the field, echoing points

raised in the more focused chapters which precede it. Boer himself

offers four themes to the chapters of the book in his Introduction,

these being the private sector context, the European, Inter- American

and Asia- Pacific context, and the future of the field represented by the

aforementioned chapter contributed by Boyle.

Chapters 1 and 2 concern the implications of environmental rights

to the private sector. The first attempts to address the polarization

of views of the corporation in this field as either enemy or ally. The

structure of the chapter considers how scholarly literature and

practical approaches in relation to human rights and markets can be

aligned to produce a fruitful and realistic means of framing the inter-

section between them. Chapter 2 considers whether corporate re-

sponsibility in relation to human rights might be better aligned with

obligations and accountability in relation to the environment. The

focus is on the benefit- sharing mechanisms under the auspices of the

Convention on Biological Diversity as a framework for the potential

‘cross- fertilization’ of legal obligations and corporate accountability

standards with corporate responsibility in relation to human rights.

The chapters together highlight effectively the immense difficulty and

significant hurdles faced in combining what are prima facie conflicting

interests. At the same time, both offer concise and reasoned sugges-

tions for progress in this regard. Such pragmatic and well- considered

insights are a valuable addition to the field.

Chapters 3 and 4 focus on the European and Inter- American

jurisdictions, with consideration given to both the European Union

(EU) and the Council of Europe institutions. Chapter 3 sets out to

discover whether the jurisprudence of the European Court of Human

Rights (ECtHR) and the Inter- American Court on Human Rights con-

verge in relation to the environment. A thorough analysis of the com-

monalities and differences in the case law and procedures of both

systems in relation to hearings focused on the environment is pro-

vided, focusing particularly on participatory rights. Despite identi-

fying areas of convergence, however, the conclusion identifies both

procedural and substantive limitations. Chapter 4 similarly discusses

issues of access to justice but in the context of the Court of Justice of

the EU. The chapter explores the possibility of hearing cases of gen-

eral interest in relation to the environment, which would otherwise

be excluded under Article 263 of the Treaty on the Functioning of the

European Union. In particular, the chapter highlights the conflict this

creates with the principles espoused by the Aarhus Convention as

demanding reform in this regard then considers a potential means of

providing standing to nongovernmental organizations. The chapter

takes the growing consideration of human rights in EU law generally,

and applies it to the specific context of protecting the environment.

Both chapters contribute to the field by raising procedural issues

which must be overcome to allow the application of human rights

in environmental law to advance. The assessment of the capacity

of both the EU and the ECtHR is also reflective of the increasing

realization of the role both courts could play in this advancement.

Environmental protection through human rights is not exclusively

reserved to the jurisdiction of either regional body and as such the

presentation of potential advancements in both is welcome in a book

in this area.

Chapters 5 and 6 centre on environmental law and human

rights in the Asia- Pacific region and the human rights implications

of environmental impacts on its communities. In Chapter 5, Boer

outlines the regional human rights mechanisms, the influence of

international mechanisms and the measures which exist in na-

tional jurisdictions in the region. In this respect, he highlights both

the strengths and weaknesses of the approaches taken to applying

human rights in environmental law in the region, as well as how its

current position might improve. The conclusion to the chapter is ad-

mirably honest about the clear difficulties with the development of

the integration of human rights into environmental law, and realistic

in the suggestions made as to how they might be addressed. Chapter

6 considers the regional perspective on the globally recognized issue

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