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VI. Conclusion
As European Court of Human Right recognise “ that in today’s society the protection of the environment is an increasing important consideration”, more and more environmental protection cases emerge by human rights approach. Although as the cases before mentioned, they rarely succeed, the issue between human rights approach and environmental protection does lead to a wide consideration. The awareness of this issue already exists on different levels. One important level is that whether the human rights approach is an effective way to resolve the environmental problems, which also is aim discussion of this essay. In my opinion, the human rights approach at least contributes in two ways. One is that it is to ensure any person, individual or corporate, can complain about the acts of the state, when the conflicts happen between individuals and the states. As we know, individuals are often on a sticky wicket to be against the government, so the human rights approach does undoubtedly present challenges to governments, statutory bodies, judges, lawyers and at least private citizens. The other way is that the human right approach provides a practical procedure. An effective procedure is so important that “it is worth a thousand pious pronouncements of principle” .
The definition of environmental human rights is still missing. All the cases included in this issue underline the necessity, but the final definition especially for the substantive rights does not exist yet. To go further it is important to make clear, what exactly is meant by a clean and healthy environment because the term seams very extensive, and to define a common goal with a strategy how to reach it. If very real problems of theory and practice remain, they should “stimulate careful analysis and jurisprudential innovation rather than intellectual surrender” .
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