Enforcing the human right to environment in Europe. A critical overview of the European Court of human rights case-law
Author | Juan Santos Vara |
Pages | 1109- |
GarcÌa San JosÈ, D., Enforcing the human right to environment in Europe. A critical overview of the European Court of human rights case-law, Kronos, Sevilla, 2004, 167, pp.
Page 1109
La obra de la que damos cuenta en la presente recensión se centra en el examen de la importante labor desarrollada en los últimos años por el Tribunal Europeo de Derechos Humanos con el objetivo de brindar protección jurisdiccional a las víctimas de daños medioambientales. En este sentido es preciso recordar que ni el Convenio Europeo para la Protección de los Derechos Humanos y de las Libertades Fundamentales ni sus Protocolos Adicionales incluyen el derecho al medio ambiente en el catalogo de los derechos protegidos. Tampoco se alude a un interés específico en la preservación del medio ambiente. Para colmar este vacío, el Tribunal de Estrasburgo ha llevado a cabo de forma progresiva una interpretación dinámica y teleológica del Convenio Europeo, en virtud de la cual ha desarrollado la dimensión medioambiental de algunos derechos garantizados por el sistema europeo y, en particular, del artículo 8, relativo al respeto a la vida privada y familiar.
El doctor García San José lleva a cabo en esta obra un análisis minucioso y riguroso de la evolución de la jurisprudencia del Tribunal Europeo en relación con el medio ambiente y, especialmente, de la construcción jurisprudencial tendente a...
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