International Law and Environmental Justice

Abstract

Universal declaration of human rights with emphasis on Non-discrimination between people and right on food for all, struggle to distribute justice for human. Live in healthy environment is one of fundamental rights for human But the development of civilization, especially since the industrial revolution accelerated the degradation of the environment. Human efforts to protect the environment have intensified since the late twentieth century but most of them have focused on prevention environment destruction rather than its influences on human. Focusing of environmental treaties instead of preventing damage to people, restrict harmful behavior for environment. Similarly, principles of international environmental laws are prevention of Damage to the environment and responsibility for its compensation. In contrast, international human rights completely focus on human; nevertheless, only in two human rights treaties, the right to a healthy environment, are binding. There are no mechanisms for Compensation for victims of human rights violations. Distribution of the sources of pollutants in the world is indicative environmental injustice. Not only in the world but also in the inside of countries, the sources of pollutants are closer to areas which people of color and lower income live. Some believe that environmentalism as new form of imperialism is formed in which developed countries are trying to impose their preferences and priorities concerning environment to developing countries. Also World Bank and IMF impose to developing countries to accept wastes which are exported by developed countries and accept polluter industries in their countries. Environmental justice in connection with procedural justice and political justice are issues that can investigate these claims. This article examines the lack of binding Law or judicial procedure in international law to compensate victims of environmental injustice especially in peace time and discusses Legal remedies in international law against environmentalism in relation with taxonomy of environmental justice.

DOI: 10.5901/ajis.2013.v2n9p504