THE IMPACT OF INTERNATIONAL HUMAN RIGHTS LAW AND GENERAL PRINCIPLES OF INTERNATIONAL ENVIRONMENTAL LAW ON CONSTITUTIONAL PROVISIONS PROTECTING THE ENVIRONMENT

Апстракт

In the second half of the 20th century, as a response to the increasing degradation of the environment, a
process of constitutionalization of environmental protection began. According to data from several authors,
more than 150 constitutions today contain provisions that protect the environment. However, the form and
content through which environmental protection becomes part of the constitutions differ. It can be realized
by recognizing a special right to a healthy environment, establishing an obligation for individuals and states
to protect the environment, and setting up safeguards for using and managing natural resources.
Simultaneously, international law also developed in two directions. The first is by introducing the right to
a healthy environment in the corpus of rights of international human rights law, and the second is through
the development of international environmental law. This paper describes and explores the relationship
between international human rights law and the principles of international environmental law with
references to the protection of the environment embedded in the national constitution. Through the analysis
of 193 constitutions and secondary data sources, attempts to answer whether international law, primarily
international human rights law, and international environmental law, impact the content of the adopted
constitutional provisions. The paper finds that the role of international human rights law differs from region
to region, depending on whether a specific right to a healthy environment is recognized within the regional
human rights protection system. In addition, the principles of international environmental law, such as the
principle of sustainable development, prevention, polluter precaution, and intergenerational equity, which
are increasingly becoming part of the constitutional texts, play a growing role.