Environment Rights versus Environmental Wrongs: Forum over Substance?

Beginning with the 1972 Stockholm Declaration, there have been a number of international proclamations of a human right to a clean environment, both implicit and explicit. The highpoint of this movement towards an internationally recognized substantive right to a clean environment came with the 1992 Rio Declaration. This movement has continued forward in regional and specialized regimes – for example with respect to water and indigenous rights. There has also been a parallel move towards recognition of what can be considered procedural rights, which require public access to information, participation in decision making, and access to justice in environmental matters. This article argues that further development and use of these procedural rights will not only provide opportunities to protect environmental rights, but can also further the development of a substantive right to a clean environment.