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In 1991 Slovakia, as that part of the erstwhile Czechoslovakia where the Dam was supposed to be built, unilaterally implemented a variant of the Project thereby dramatically decreasing the amount of water flowing into Hungary.
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.
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.
Do these instruments signal the development and existence of a human right to environment?
The Author seriously doubts the existence of such a right.21, 1986, specifically grants this right: ‘All peoples shall have the right to a general satisfactory environment favorable to their development.’ Article 11(1) of the Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social, and Cultural Rights states ‘Everyone shall have the right to live in a healthy environment and to have access to basic public services.’ There is mention of this right even in the International Court of Justice jurisprudence.Judge Weeramantri in Case concerning Gabcikovo Nagymaros Dam deliberated on it.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.Disclaimer: This work has been submitted by a student.This is not an example of the work produced by our Law Essay Writing Service.The protection and preservation of the environment is one of the most important issues facing humankind today.The centrality of this issue was demonstrated when the Nobel Peace Prize for 2007 was awarded to AL Gore and the Inter Governmental Panel on Climate Change for their efforts to build up and disseminate greater knowledge about man-made climate change.The human right to environment can be understood in two contexts: either as an independent right existing separately or as a part of other existing human rights.Some of the major international instruments like the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights preceded the groundswell of concern for the environment that has sprang up in the late sixties.