The Ties that Bind: The Environment, the European Convention on Human Rights and the Rule of Law

This article examines the link between environmental protection and human rights in a European context, with particular reference to the European Convention on Human Rights (ECHR). It is argued that the jurisprudence of the European Court of Human Rights (ECtHR) on the subject is best understood by reference to the rule of law and that the extension of the Convention to certain environmental issues is less controversial than critics assert. Moreover, this article argues that, on the normative level, environmental protection and human rights share a common base. This article concludes, however, that the use of human rights instruments is unlikely to lead to significant environmental improvements.