科研之友
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摘要
The Inter‐American Court of Human Rights has recently changed its approach to the protection of environmental rights, which are now treated as autonomously and directly justiciable, thus without having to first establish a breach of any related civil or political rights. Lhaka Honhat v Argentina is the first contentious case the Court adjudicates based on the right to a healthy environment. The judgement issued in this case, and the opportunities and challenges presented by direct justiciability of environmental rights within the Inter‐American system, are critically appraised.
