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Scientific paper - Conference Proceedings Article (invited lecture)
Principles in the Service of Conception and Protection of the Right to Live in a Healthy Environment: (In)Consistency of the European Court’s Case-Law
In: Property law: Challenges of the 21 century's. Belgrade: Union University School of Law, Belgrade, Serbia, 2021. pp. 263-287. urn:nbn:hr:118:817354
Marochini Zrinski, Maša

Institutional repository: Repository of the University of Rijeka, Faculty of Law

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Marochini Zrinski, M. (2021). Principles in the Service of Conception and Protection of the Right to Live in a Healthy Environment: (In)Consistency of the European Court’s Case-Law. Property law: Challenges of the 21 century's (pp. 263-287). Belgrade: Union University School of Law, Belgrade, Serbia. Retrieved from https://urn.nsk.hr/urn:nbn:hr:118:817354

Marochini Zrinski, Maša. "Principles in the Service of Conception and Protection of the Right to Live in a Healthy Environment: (In)Consistency of the European Court’s Case-Law." Property law: Challenges of the 21 century's, Union University School of Law, Belgrade, Serbia, 2021, pp. 263-287. https://urn.nsk.hr/urn:nbn:hr:118:817354

Marochini Zrinski, Maša. "Principles in the Service of Conception and Protection of the Right to Live in a Healthy Environment: (In)Consistency of the European Court’s Case-Law." In Property law: Challenges of the 21 century's, 263-287. Belgrade: Union University School of Law, Belgrade, Serbia, 2021. Accessed 2024 November 25. https://urn.nsk.hr/urn:nbn:hr:118:817354

Marochini Zrinski, M. (2021) 'Principles in the Service of Conception and Protection of the Right to Live in a Healthy Environment: (In)Consistency of the European Court’s Case-Law', Property law: Challenges of the 21 century's, Union University School of Law, Belgrade, Serbia, Belgrade, pp. 263-287. Available at: https://urn.nsk.hr/urn:nbn:hr:118:817354 (Accessed 25 November 2024)

Marochini Zrinski M. Principles in the Service of Conception and Protection of the Right to Live in a Healthy Environment: (In)Consistency of the European Court’s Case-Law. Property law: Challenges of the 21 century's. Belgrade: Union University School of Law, Belgrade, Serbia; 2021. Pp. 263-287. [cited 2024 November 25] Available at: https://urn.nsk.hr/urn:nbn:hr:118:817354

M. Marochini Zrinski, "Principles in the Service of Conception and Protection of the Right to Live in a Healthy Environment: (In)Consistency of the European Court’s Case-Law", Property law: Challenges of the 21 century's Belgrade: Union University School of Law, Belgrade, Serbia, 2021. [Online] Available at: https://urn.nsk.hr/urn:nbn:hr:118:817354 [Accessed: 25 November 2024]

Metadata
Title (english)Principles in the Service of Conception and Protection of the Right to Live in a Healthy Environment: (In)Consistency of the European Court’s Case-Law
AuthorMaša Marochini Zrinski
Author's institutionUniversity of Rijeka
FACULTY OF LAW
Scientific / art field,
discipline and subdiscipline		SOCIAL SCIENCES
Law
Abstract (english)
During the last two decades, the European Court of Human Rights has increasingly examined complaints where individuals have argued that a breach of their Convention rights has resulted from adverse environmental factors. Since healthy environment per se is not protected under the Convention, the Court decided environmental cases on a caseby- case basis, mainly under Article 8 concerning the right to private and family life, home and correspondence. Therefore, the Convention practice in the protection of these rights that would in traditional proprietary law be sought as protection from emissions or from the disturbance of property, has thus been given a new, Convention dimension. However, in those cases the Court did not set out clear standards or guidelines, thus contributing to states’ uncertainty regarding their obligations under the Convention, as well as to the Court’s own inconsistency that is ultimately threatening its legitimacy. This paper will look at the Court’s environmental cases through the lenses of interpretative methods and principles, and analyse certain aspects of its (in)consistency when delivering judgments concerning the right to live in a healthy environment.
Keywords (english)
Languageenglish
Publication typeScientific paper - Conference Proceedings Article (invited lecture)
Publication statusPublished
Peer reviewPeer review - international
Publication versionPublished version
Publication titleProperty law: Challenges of the 21 century's
Numberingpp. 263-287
ISBN978-86-7952-060-9
URN:NBNurn:nbn:hr:118:817354
Publication2021
ConferenceTitle: International Scientific Conference "Property Law: challenges of the 21st Century"
Location: Beograd, Serbia
Start date: 2020-10-09
End date: 2020-10-09
Assembly type: Lecture
Document URLhttps://pravnifakultet.rs/wp-content/uploads/2021/12/Proceedings_Property-Law-Conference-_Challenges-of-21st-Centuryv2.pdf
Type of resourceText
PublisherUnion University School of Law, Belgrade, Serbia
Publishing placeBelgrade
Access conditionsOpen access
Terms of useLicence In copyright icon
Created on2023-12-07 11:19:46