CYIL vol. 12 (2021)

jan lhotský CYIL 12 (2021) addition, the International Law Commission, an expert body helping to develop and codify international law, has dealt with several environmental topics during the past decade. Last but not least, a number of disputes between States which were decided by the International Court of Justice had strong environmental elements, such as the 1997 decision in the case of Gabčíkovo–Nagymaro s. In respect of the substances causing ozone depletion, the Vienna Convention for the Protection of the Ozone Layer of 1985 and mainly its Montreal Protocol of 1987 led to successful action to protect the ozone layer in the stratosphere. Furthermore, with respect to access of the public to environmental information, the Aarhus Convention of 1998 the full title of which is the Convention on Access to Information, Public Participation in Decision- making and Access to Justice in Environmental Matters 9 is of significant importance. 3. European Convention on Human Rights The European Convention on Human Rights (Convention) was adopted in 1950 and entered into force in 1953. The rights and freedoms contained therein were defined mainly in response to the horrors of the Second World War. Over time, several protocols have been elaborated and ratified by the States Parties, which meant the original catalogue was expanded to include additional rights. However, until now, the right to a healthy environment was not included. 3.1 Is there a need for a new protocol on the right to a healthy environment? As the Convention was drafted more than 70 years ago and circumstances in society, science, as well as in the natural environment have developed, a question arises whether the right to a healthy environment should be included in the Convention by means of a new protocol. This idea is not new. In fact, there have already been several attempts, but it seems that there is a lack of political will among the Member States of the Council of Europe for such a move. Perhaps the most visible proponent of the idea of a new protocol is the President of the Parliamentary Assembly of the Council of Europe, Rik Daems, who made a plea to upgrade the current legal instrument with the aim of drafting an additional protocol on the right to a healthy environment. This would provide the European Court of Human Rights (Court) with a solid legal basis for decision-making on environment-related human rights matters. Apart from this legal argument, he also argues that it would give an additional political push to governments to develop further ‘green’ policies and that it would strengthen accountability for actions that potentially harm the environment. Nevertheless, he is also aware of some related risks, such as complex legal negotiations of the wording of the definition, making sure that the text does not undermine the already existing case-law, and the time factor, as the entry into force of such a protocol would take some time. 10 9 On the comparison of procedural rights under the European Convention on Human Rights and under the Aarhus Convention, see PETERS, Birgit. Unpacking the Diversity of Procedural Environmental Rights: The European Convention on Human Rights and the Aarhus Convention. Journal of Environmental Law , vol. 30, no. 1, 2018. 10 Speech during the Human Rights for the Planet high-level international conference accessed 1 August 2021.

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