- University of Groningen, International Law and Constitutional Law, Faculty Memberadd
- International Human Rights Law, Energy Law, Economic, Social and Cultural Rights, Environmental Law and Human Rights, Migration, Environmental Law, and 20 moreInternational Migration, European Convention of Human Rights, Human rights and environment, Human rights and the environment, European Human rights law, International Development Law, International Law and Development, Poverty Reduction and Human Rights, Human Rights and Access to Energy, International Law and Natural Disaster, Social Justice, Global Justice, International Law and Global Justice (in Law/International Law), Distributive Justice, Business and human rights, Human Rights, Energy Access and Development, Rural Energy Development, Human Rights Law, and Climate Change and Human Rightsedit
- See for more information: https://www.rug.nl/staff/m.m.e.hesselman/edit
International and national disaster governance faces multiple challenges given the large variety and amounts of resources, skills and expertise that adequate disaster response commands. Moreover, disasters do not necessarily respect... more
International and national disaster governance faces multiple challenges given the large variety and amounts of resources, skills and expertise that adequate disaster response commands. Moreover, disasters do not necessarily respect territorial boundaries, or may overwhelm the capacity of any one nation. They may therefore need a truly collective, joint, or even global effort to be overcome. Not seldom, reducing disaster risks and responding to disasters as they occur requires a sustained, concerted and coordinated effort of a broad range of actors, both public and private, acting nationally and internationally, and across the full ‘disaster cycle’. Unfortunately, disaster governance is commonly characterized as patchy, fragmented and inadequate, leading to essential protection gaps for affected communities. In order to strengthen disaster governance, this article first aims to further conceptualize the practice and challenges of ‘disaster governance’, mostly through the lens of ‘Mu...
Research Interests: Law, Human Rights, Global Governance, Corporate Governance, Political Science, and 13 moreInternational Human Rights Law, Risk Management, Multidisciplinary, Human Rights and Non-State Actors, Multi Level Governance, Disaster, Recht, Politikwissenschaft, Politics and Governance Studies, Risikomanagement, Menschenrechte, Disaster Governance, and Katastrophenschutz
The Yearbook of International Disaster Law aims to represent a hub for critical debate in this emerging area of research and policy and to foster the interest of academics, practitioners, stakeholders and policy-makers on legal and... more
The Yearbook of International Disaster Law aims to represent a hub for critical debate in this emerging area of research and policy and to foster the interest of academics, practitioners, stakeholders and policy-makers on legal and institutional issues relevant to all forms of natural, technological and human-made hazards. This Yearbook primarily addresses the international law dimension of relevant topics, alongside important regional and national dimensions relevant for further development of legal and policy initiatives. Volume One features a thematic section on the Draft Articles of the ILC on the “Protection of Persons in the Event of Disasters” as well as a general selection of articles, and an international and regional review of International Disaster Law in Practice, plus book reviews and bibliography. The Yearbook is also available online. To learn more about the online version, please click here.
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While there is typically an outpoor of international assistance in the wake of large disasters, it is also a stark reality that most disasters are still overlooked, forgotten or severely underfunded. In addition, there are few developed... more
While there is typically an outpoor of international assistance in the wake of large disasters, it is also a stark reality that most disasters are still overlooked, forgotten or severely underfunded. In addition, there are few developed states that actually honor their repeated commitments to contribute financing and assistance for development, which will positively impact human rights protection and realization in other countries. Against this backdrop, this chapter analyses a number of recent developments in international human rights law (IHRL) with the aim of assessing whether disaster-affected individuals and States can legally claim international disaster assistance from foreign States as a result of legal duties to cooperate and assist in IHRL. Focusing particularly on the recent work of UN human rights monitoring procedures and the establishment of new individual and inter-State complaints mechanisms to IHRL treaties, this Chapter appraises whether/how legal ‘obligations to ...
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This chapter fleshes out the relevant international human rights law standards for EPSP. It draws in particular from the International Covenant on Economic, Social and Cultural Rights (ICESCR), but compares the development of human rights... more
This chapter fleshes out the relevant international human rights law standards for EPSP. It draws in particular from the International Covenant on Economic, Social and Cultural Rights (ICESCR), but compares the development of human rights norms on EPSP across different socio-economic rights and provisions. The ICESCR legally protects many important EPSP-related rights, such as the right to an adequate standard of living, including food, water, housing and energy, the right to health or the right to education. In particular, this chapter gathers up the treads of a human rights-based framework for the regulation of EPSP based on the following guideposts: - the AAAQ framework and 'universal service obligations' - minimum core obligations and progressive realization of EPSP - non-discrimination and vulnerable group (persons) inclusion - participation and accountability - mid-term/long-term planning and budgetting for EPSP - private actor standards The chapter also offers some fu...
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This article presents the results of the COVID Energy Map, a novel, global mapping exercise tracking emergency responses undertaken by governments, regulators, utilities and companies in the Global North and South to mitigate energy... more
This article presents the results of the COVID Energy Map, a novel, global mapping exercise tracking emergency responses undertaken by governments, regulators, utilities and companies in the Global North and South to mitigate energy poverty by keeping energy affordable and available. The map constitutes a comprehensive open access evidence-based database, so far collating 380+ emergency measures, in 120+ countries. This paper particularly shows and discusses how the response has been developing until early 2021, highlighting various emerging longer-term concerns and strategies across Global North and South. The global COVID-19 response merits close attention in our view, as it reveals both the universal importance of household energy services access and important underlying existing narratives and policy-making questionsabout securing energy services access as a vital basic need, and even a ‘basic right’. In fact, the paper additionally evaluates whether and how COVID-19 responses seem to fall in step with a nascent global trend of (legal) recognition of ‘rights to energy’ in international, regional and national policy, including for example in the EU, India, Philippines, and Colombia.We conclude that while the COVID-19 response clearly reflects broad recognition of the vital importance of affordable, continuous energy services access for basic human well-being and capabilities during the pandemic, a right to energy perspective could additionally lay bare or give shape to important concerns about some households’ too minimal (insufficient) forms of modern energy access, questions of equity, and the role of the state and other actors. In terms of equity the article particularly raises issues with the manner in which support was made available only to some consumers (e.g. on-grid, off-grid, regulated, or non-regulated, post-paid or pre-paid), or only for specific fuels, and not others. In addition, the lack of attention to clean (renewable) (off-grid) energy services in COVID-19 responses is striking, and worrying, both in terms of immediate response, and green recovery from COVID-19. We argue that a right to (clean) energy perspective would help to reflect on, and inform, both shorter-term and longer-term responses to energy poverty and COVID-19, and should aid the realization of sufficiently equitable, robust, modern energy systems in line with universal UN Global Sustainable Development Goal 7. Specifically, it should also help to fulfil SDG7.1.’s promise of ‘leaving no one behind’.
Energy poverty is emerging as a national agenda in the Netherlands. Local authority leadership and action on this agenda, and European Union reporting requirements around the energy transition have aligned to create an opportunity to... more
Energy poverty is emerging as a national agenda in the Netherlands. Local authority leadership and action on this agenda, and European Union reporting requirements around the energy transition have aligned to create an opportunity to establish a national agenda on this issue. Early action on energy poverty by local authorities stemmed from their recognition of the value of addressing environmental, health, social welfare and poverty goals through measures to address the problem. In contrast, the experiences of vulnerable energy consumers have limited recognition in national policy. Meanwhile EU requirements for climate reporting include a specification for measuring and monitoring energy poverty. This growing momentum has resulted in an emerging interest in energy poverty as a means to achieve a just transition at a national level, as reflected in the Dutch National Climate and Energy Plan. In this paper, we profile the case of the Netherlands, and outline the opportunity we see for...
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Notwithstanding COVID-19, non-communicable diseases (NCDs) will be the leading cause of death in every region in the world by 2030. This contribution, which forms an introduction to our collection of articles in this journal, identifies... more
Notwithstanding COVID-19, non-communicable diseases (NCDs) will be the leading cause of death in every region in the world by 2030. This contribution, which forms an introduction to our collection of articles in this journal, identifies elements for a transdisciplinary research agenda between law, public health, health economics and international relations aimed at designing concrete interventions to curb the NCD pandemic, both globally and domestically.
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This Commentary forms a response to Nikogosian's and Kickbusch's forward-looking perspective about the legal strength of international health instruments. Building on their arguments, in this commentary we consider what we can... more
This Commentary forms a response to Nikogosian's and Kickbusch's forward-looking perspective about the legal strength of international health instruments. Building on their arguments, in this commentary we consider what we can learn from the Framework Convention on Tobacco Control (FCTC) for the adoption of new legal international health instruments.
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Purpose The purpose of this paper is to examine the roles and responsibilities of non-state actors (NSAs) in contributing to disaster governance from an international human rights law (IHRL) perspective. In particular, it examines how... more
Purpose The purpose of this paper is to examine the roles and responsibilities of non-state actors (NSAs) in contributing to disaster governance from an international human rights law (IHRL) perspective. In particular, it examines how non-governmental organizations (NGOs) and business enterprises are implicated. Design/methodology/approach The paper analyzes a range of IHRL instruments, particularly treaties and international soft-law documents, and it utilizes the concepts “human rights-based approaches” (HRBAs) and “direct”/“indirect” human rights obligations to frame and understand how IHRL responsibilities for NSAs arise from these instruments. Findings IHRL not only includes relevant standards for NSAs in the area of disaster management, but NGOs and businesses also actively engage with IHRL and HRBAs by means of (soft) self-regulatory instruments to further clarify their responsibilities. Research limitations/implications The findings are of interest to all actors involved in ...
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"Energy services are fundamental to safeguarding the well-being of the Union citizens. Adequate warmth, cooling and lighting, and energy to power appliances are essential services to guarantee a decent standard of living and citizens'... more
"Energy services are fundamental to safeguarding the well-being of the Union citizens. Adequate warmth, cooling and lighting, and energy to power appliances are essential services to guarantee a decent standard of living and citizens' health. Furthermore, access to those energy services enables Union citizens to fulfil their potential and enhances social inclusion." (EU Electricity Directive 2019/994, recital 53)
On 8-9 January, the Faculty of Law of the University of Groningen will co-host together with the University of Girona under auspices of the EU Cost Action Network "ENGAGER: European Energy Poverty Agenda Co-creation and Knowledge Innovation" a two-day interdisciplinary workshop on "Co-creating the Right to Energy in Theory and Practice".
For a description of the workshop and the Call for Abstracts for papers and practices, see attached. Deadline for sending in proposals is 25 October 2019. Confirmed speakers so far include Benjamin Sovacool (Uni Sussex), Gordon Walker (Uni Lancaster) and a representative of the European Public Services Organization/Right to Energy Coalition.
On 8-9 January, the Faculty of Law of the University of Groningen will co-host together with the University of Girona under auspices of the EU Cost Action Network "ENGAGER: European Energy Poverty Agenda Co-creation and Knowledge Innovation" a two-day interdisciplinary workshop on "Co-creating the Right to Energy in Theory and Practice".
For a description of the workshop and the Call for Abstracts for papers and practices, see attached. Deadline for sending in proposals is 25 October 2019. Confirmed speakers so far include Benjamin Sovacool (Uni Sussex), Gordon Walker (Uni Lancaster) and a representative of the European Public Services Organization/Right to Energy Coalition.
Research Interests: Human Rights Law, Human Rights, Renewable Energy, Consumer Rights, Energy, and 15 moreEuropean Energy Policy, Energy Poverty, Electricity, Human Rights and Access to Energy, Fuel Poverty, Human Right to Water, Energy Transitions, Constitutional Rights, The right to housing, Energy justice, Basic Services for Urban Poor, Sustainable Development Goals (SDGs), Energy Democracy, Right to Energy, and SDG 7
Uninterrupted, high quality, affordable, and sufficient access to energy services is essential to human life. The European Union (EU) has recognized this in recent years by providing greater protection to vulnerable and energy poor... more
Uninterrupted, high quality, affordable, and sufficient access to energy services is essential to human life. The European Union (EU) has recognized this in recent years by providing greater protection to vulnerable and energy poor households, and by requiring States to provide various forms of support to them. The new EU Electricity Directivef for example states that: "Energy services are fundamental to safeguarding the well-being of the Union citizens. Adequate warmth, cooling and lighting, and energy to power appliances are essential services to guarantee a decent standard of living and citizens' health. Furthermore, access to those energy services enables Union citizens to fulfil their potential and enhances social inclusion." The EU’s Clean Energy for All Package as a whole aims to further increase protection for households, particularly by requiring Member States to define, assess and report on the number of energy poor households within their territory and to indicate the measures they intend to take to address the situation.
While the EU's Clean Energy Package stopped short of recognizing a new legally binding ‘right to energy’ for all individuals, sought after by European civil society organizations, the concept of the ‘(human) right to energy’ is gaining considerable traction in law, policy and advocacy
all around the world. Electricity Directive 2019/944 for example affirms that ‘it respects the fundamental rights and observes the principles recognised in the EU Charter of Fundamental Rights’.
As an 'autonomous' right, the new ‘right to energy’ can be formulated in different manners, for example as referring to affordable, reliable, uninterrupted, high quality, clean or renewable energy supply or services, or as the right to a warm home. The ‘right to energy’ can also be posited in various ways, as a moral right, a call to action, a policy objective or legally enforceable right, the latter through constitutions, human rights treaties or in energy laws. This brief provides a brief 'state-of-the art' overview of recent developments at EU level and national European level, including as rights to energy have been recognized in Spain and France. It specifically considers what the right to energy might mean in practice, including when accepted as a legally binding (human) right.
While the EU's Clean Energy Package stopped short of recognizing a new legally binding ‘right to energy’ for all individuals, sought after by European civil society organizations, the concept of the ‘(human) right to energy’ is gaining considerable traction in law, policy and advocacy
all around the world. Electricity Directive 2019/944 for example affirms that ‘it respects the fundamental rights and observes the principles recognised in the EU Charter of Fundamental Rights’.
As an 'autonomous' right, the new ‘right to energy’ can be formulated in different manners, for example as referring to affordable, reliable, uninterrupted, high quality, clean or renewable energy supply or services, or as the right to a warm home. The ‘right to energy’ can also be posited in various ways, as a moral right, a call to action, a policy objective or legally enforceable right, the latter through constitutions, human rights treaties or in energy laws. This brief provides a brief 'state-of-the art' overview of recent developments at EU level and national European level, including as rights to energy have been recognized in Spain and France. It specifically considers what the right to energy might mean in practice, including when accepted as a legally binding (human) right.
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Call for Abstracts - 31st October 2019 - Yearbook of International Disaster Law Vol. II (Brill) The Yearbook of International Disaster Law (YIDL) aims to provide a hub for discourse amongst academics and practitioners on legal and... more
Call for Abstracts - 31st October 2019 - Yearbook of International Disaster Law Vol. II (Brill)
The Yearbook of International Disaster Law (YIDL) aims to provide a hub for discourse amongst academics and practitioners on legal and institutional issues relevant to all forms of natural, technological and human-made hazards, including rapid and slow onset disasters, but excluding events such as armed conflicts or political/financial crises per se. The goal is to provide a forum for innovative research contributing to the international legal and policy debate related to prevention, mitigation, response and recovery phases in disaster scenarios.
The first volume of the YIDL will appear at the end of 2019, with a thematic section on the ILC Draft Articles. The editors now solicit input for the second volume with a thematic section on 'Disasters and....'. Please see the full call attached. Deadline is 31st October 2019. Submissions for general sections are welcomed too.
The Yearbook of International Disaster Law (YIDL) aims to provide a hub for discourse amongst academics and practitioners on legal and institutional issues relevant to all forms of natural, technological and human-made hazards, including rapid and slow onset disasters, but excluding events such as armed conflicts or political/financial crises per se. The goal is to provide a forum for innovative research contributing to the international legal and policy debate related to prevention, mitigation, response and recovery phases in disaster scenarios.
The first volume of the YIDL will appear at the end of 2019, with a thematic section on the ILC Draft Articles. The editors now solicit input for the second volume with a thematic section on 'Disasters and....'. Please see the full call attached. Deadline is 31st October 2019. Submissions for general sections are welcomed too.
Research Interests: International Law, International Human Rights Law, Public International Law, International Humanitarian Law, International Environmental Law, and 5 moreInternational Legal Theory, Disaster Management and International Law, International Law and Natural Disaster, International Disaster Response Law, and International Climate Law
International and national disaster governance faces multiple challenges given the large variety and amounts of resources, skills and expertise that adequate disaster response commands. Moreover, disasters do not necessarily respect... more
International and national disaster governance faces multiple challenges given the large variety and amounts of resources, skills and expertise that adequate disaster response commands. Moreover, disasters do not necessarily respect territorial boundaries, or may overwhelm the capacity of any one nation. They may therefore need a truly collective, joint, or even global effort to be overcome. Not seldom, reducing disaster risks and responding to disasters as they occur requires a sustained, concerted and coordinated effort of a broad range of actors, both public and private, acting nationally and internationally , and across the full 'disaster cycle'. Unfortunately, disaster governance is commonly characterized as patchy, fragmented and inadequate, leading to essential protection gaps for affected communities. In order to strengthen disaster governance, this article first aims to further conceptualize the practice and challenges of 'disaster governance', mostly through the lens of 'Multi-Level Governance'. Secondly, it proposes that disaster governance will greatly benefit from relevant actors more firmly embracing human rights-based approaches, particularly in the context of so-called, emerging 'multi-duty bearer human rights regimes'.
Research Interests: Business, Human Rights Law, International Law, Human Rights, Disaster Studies, and 24 moreDisaster risk management, Governance, International Human Rights Law, Non-Governmental Organizations (NGOs), Disaster Management, International Relations and Human Rights, Multidisciplinary, Multi-level Governance (Political Science), Human Rights and Non-State Actors, Multi-level governance, Non-state actors, Disaster Management and International Law, Disasters, Human Rights-Based Approach, Human Rights Based Approach, International Federation of Red Cross and Red Crescent Societies, International Disaster Response Law, Disaster Governance, Disaster Law, Disaster Risk Governance, Sendai framework for disaster risk reduction, Disaster Cycle, Multi-Duty Bearer Regimes, and Governance Beyond Government
Research Interests: Climate Change, Human Rights Law, Human Rights, Climate Change Adaptation, Climate change policy, and 18 moreSustainable Development, International Human Rights Law, Human rights and environment, Public Health, Climate Change Adaptation And Mitigation Strategies, Environmental Sustainability, Environmental Law and Human Rights, Climate Change and Human Rights, Climate Change Impacts, The Right to Health, Health and Human Rights, global Climate change, Climate change and human health, Climate Change and Food Security, UNFCCC, Right to Health, Human Right to a Healthy Environment, and COP21
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Research Interests: Human Rights Law, Human Rights, Women's Rights, International Human Rights Law, Social Security Law, and 28 moreAccess To Water, Human Rights in Latin America, Access to essential medicines, Access to health services, Children's Rights, Social and economic rights, Social Security, Social and Political Theories of Justice & Human Rights, Economic , Social and Cultural Rights, Economic, Social and Cultural Rights, Public Health Systems & Services Research, Water Rights Law, The Right to Health, Inter-American Human Rights System, Health and Human Rights, Public Services, European Court of Human Rights, Right to Education, Human Rights and Access to Energy, Human Right to Water, Water Services, Public Service Delivery, Human Rights And Inclusive Education, Right to Water, Economic and Social Rights, Access to Education, Human Rights and Social Justice, and Water Supply and Sanitation Services
This article includes a comprehensive analysis of work currently being carried out by regional and international human rights supervisory bodies in the field of disaster management, being cognizant of the fact that the past decade has... more
This article includes a comprehensive analysis of work currently being carried out by regional and international human rights supervisory bodies in the field of disaster management, being cognizant of the fact that the past decade has seen an increased international concern for the adequate protection of persons affected by disasters. Taking on board suggestions by Walter Kälin that effective disaster management encompasses three distinct phases, i.e. preparedness, response and recovery, jointly constituting a full ‘cycle of protection’, this paper analyzes the pronouncements of bodies specifically against this backdrop. The article argues that human rights bodies have already started to engage in clarifying human rights obligations in all these phases, which is important because our improved understanding of the (man-made) causes and consequences of disasters, and any pre-existing vulnerabilities that exacerbate impacts, might require a more holistic approach to managing disaster settings generally, including from a perspective of human rights.
Research Interests: Human Rights Law, Human Rights, Disaster Studies, Disaster risk management, International Human Rights Law, and 11 moreHuman rights and environment, European Convention of Human Rights, Disaster Management, Disaster Response, Environmental Law and Human Rights, Disaster Preparedness, European Court of Human Rights, Disaster risk reduction, Disasters, Risk, and Human Rights, Humanitarian Assistance and Disaster Relief, and Disaster Recovery
Research Interests: Finance, Energy Economics, Human Rights, Accountability, Governance, and 11 moreEnergy, Energy Policy, Energy Security, Participatory Democracy, Corporate Accountability, Development and Human Rights, Human Rights and Non-State Actors, Transparency, Human Rights and Access to Energy, Energy Access, and Energy Access and Development
"This paper analyzes the possible legal bases for or the existence of extraterritorial socio-economic human rights obligations on the part of wealthier European ‘Destination Countries’ vis-à-vis poor migrants. In particular, the paper... more
"This paper analyzes the possible legal bases for or the existence of extraterritorial socio-economic human rights obligations on the part of wealthier European ‘Destination Countries’ vis-à-vis poor migrants. In particular, the paper considers whether obligations of international cooperation and assistance under the International Covenant on Economic Social and Cultural Rights (ICESCR) might be a basis to address socio-economic deprivation in Countries of Origin and lead to provision of social assistance extraterritorially. The paper also analyzes the socio-economic case-law under Article 3 of the European Convention on Human Rights (ECHR) in respect of the conditions that attach to expulsion of migrants (e.g. D. v. UK, M.S.S. v. Belgium and Greece, Sufi and Elmi v. the UK, and S.H.H. v. the UK).
The joint analysis of these instruments supports that wealthy States can attract responsibilities to provide protection against living in poverty in other countries, in fact, either at home or abroad. At the same time, while language and semantics on extraterritorial socio-economic protection are converging under the ICESCR and ECHR, there are also a number of questions that remain. These relate primarily to the allocation of concrete burdens to wealthy European States for the elimination/prevention of poverty in other countries and towards migrants coming from such countries, i.e. how far does the responsibility stretch? In addition, is the approach taken to be minimalist - based on particular core rights - or is broader protection, based on more egalitarian considerations, also covered by (other) international human rights?
Keywords: human rights, extra-territorial obligations, irregular migration, European Convention on Human Rights, International Covenant on Economic Social and Cultural Rights, non-refoulement, international cooperation, development assistance, poverty, Europe, social protection, social security """
The joint analysis of these instruments supports that wealthy States can attract responsibilities to provide protection against living in poverty in other countries, in fact, either at home or abroad. At the same time, while language and semantics on extraterritorial socio-economic protection are converging under the ICESCR and ECHR, there are also a number of questions that remain. These relate primarily to the allocation of concrete burdens to wealthy European States for the elimination/prevention of poverty in other countries and towards migrants coming from such countries, i.e. how far does the responsibility stretch? In addition, is the approach taken to be minimalist - based on particular core rights - or is broader protection, based on more egalitarian considerations, also covered by (other) international human rights?
Keywords: human rights, extra-territorial obligations, irregular migration, European Convention on Human Rights, International Covenant on Economic Social and Cultural Rights, non-refoulement, international cooperation, development assistance, poverty, Europe, social protection, social security """
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Research Interests: Human Rights Law, Human Rights, Disaster Studies, Disaster risk management, International Human Rights Law, and 6 moreDisaster Management, Disaster Response, Disaster risk reduction, Disasters, Risk, and Human Rights, Humanitarian Assistance and Disaster Relief, and Regional Mechanisms of human rights
"This paper was published as "Establishing a Full Cycle of Protection for Disaster Victims: Preparedness, Response and Recovery according to International and Regional Human Rights Supervisory Bodies", Tilburg Law Review (2013). Also see... more
"This paper was published as "Establishing a Full Cycle of Protection for Disaster Victims: Preparedness, Response and Recovery according to International and Regional Human Rights Supervisory Bodies", Tilburg Law Review (2013). Also see 'Regional Human Rights Regimes and Humanitiarian Obligations for States in Event of Disaster', Chapter in Zwitter et al 'Humanitarian Action: Global, Regional and Local Legal Responses' with Cambridge University Press.
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This short article provides an overview of the case-law of the European Court of Human Rights (ECtHR) on the application of Article 8 ECHR - right to private and family life - to noise pollution. A Dutch case recently brought to the... more
This short article provides an overview of the case-law of the European Court of Human Rights (ECtHR) on the application of Article 8 ECHR - right to private and family life - to noise pollution. A Dutch case recently brought to the European Court of Human Rights, on the noise pollution of wind turbines to placed in the province of Utrecht - forms the basis of the article, and is shortly addressed as well.
Generally, the article argues that over the years the ECtHR has placed increasing emphasis on the 'procedural' requirements of Article 8 in situations that involve (possible) environmental pollution, including noise pollution. This means that the ECtHR first and foremost assesses the (in)adequacy of national decision-making procedures - as related to complex technical and social issues, and involving difficult balancing of larger societal v. individual interests -, by determining whether 'procedural safeguards' have been observed, such as information to the public, taking into account of views of the public or carrying out impact assessments/studies. Ultimately, when assessing whether particular noise pollution interferes with the right to private and family life, the ECtHR may determine whether no disproportionate burden was placed on the individual on behalf of the society in decision-making processes, as measured by the extent to which relevant national or international noise pollution standards (e.g. WHO) are violated, i.e. in terms of intensity and duration.
(presently available in Dutch only, please contact me if interested).
Keywords: noise pollution, right to private life, Article 8 ECHR, human rights, European Court of Human Rights, European Convention on Human Rights
Generally, the article argues that over the years the ECtHR has placed increasing emphasis on the 'procedural' requirements of Article 8 in situations that involve (possible) environmental pollution, including noise pollution. This means that the ECtHR first and foremost assesses the (in)adequacy of national decision-making procedures - as related to complex technical and social issues, and involving difficult balancing of larger societal v. individual interests -, by determining whether 'procedural safeguards' have been observed, such as information to the public, taking into account of views of the public or carrying out impact assessments/studies. Ultimately, when assessing whether particular noise pollution interferes with the right to private and family life, the ECtHR may determine whether no disproportionate burden was placed on the individual on behalf of the society in decision-making processes, as measured by the extent to which relevant national or international noise pollution standards (e.g. WHO) are violated, i.e. in terms of intensity and duration.
(presently available in Dutch only, please contact me if interested).
Keywords: noise pollution, right to private life, Article 8 ECHR, human rights, European Court of Human Rights, European Convention on Human Rights
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This paper contains an analysis of developments in international and national human rights law on the links between human rights and the environment, as submitted to the United Nations High Commissioner for Human Rights in respect of her... more
This paper contains an analysis of developments in international and national human rights law on the links between human rights and the environment, as submitted to the United Nations High Commissioner for Human Rights in respect of her 2011 analytical study. The UNHCHR has published her final study on "Human Rights and the Environment" in December 2011 under UN Doc. A/HRC/19/34.
This paper, submitted by the Dutch Section of the International Commission of Jurists (NJCM) as input for the study, puts forward the argument that currently there are a number of links established and recognized in respect of human rights and the environment, i.e. as relating to a) the recognition of environmental protection as a prerequisite for full human rights enjoyment; b) the use of human rights to improve environmental protection; c) the recognition and existence of a separate human right to the environment as such; d) the interrelatedness of human rights and environmental protection through the concept of 'sustainable development' e) the interrelatedness of human rights and environmental protection through the concept of human duties for environmental protection - as enshrined in many domestic constitutions.
Overall - on the basis of an analysis of current human rights case-law available at the European level specifically and an elaborate research of constitutional provisions on the right to a healthy environment nationally, both annexed to the paper - the authors specifically emphasize the importance and viability of pursuing an internationally recognized right to a healthy environment, and support a new mandate for a UN Special Rapporteur on Human Rights and the Environment. (An independent expert was appointed by the UN in 2012).
Obtain Full Document through my SSRN Page.
Number of Pages in PDF File: 43
Keywords: human rights, environment, right to a healthy environment, international law, European Convention on Human Rights
This paper, submitted by the Dutch Section of the International Commission of Jurists (NJCM) as input for the study, puts forward the argument that currently there are a number of links established and recognized in respect of human rights and the environment, i.e. as relating to a) the recognition of environmental protection as a prerequisite for full human rights enjoyment; b) the use of human rights to improve environmental protection; c) the recognition and existence of a separate human right to the environment as such; d) the interrelatedness of human rights and environmental protection through the concept of 'sustainable development' e) the interrelatedness of human rights and environmental protection through the concept of human duties for environmental protection - as enshrined in many domestic constitutions.
Overall - on the basis of an analysis of current human rights case-law available at the European level specifically and an elaborate research of constitutional provisions on the right to a healthy environment nationally, both annexed to the paper - the authors specifically emphasize the importance and viability of pursuing an internationally recognized right to a healthy environment, and support a new mandate for a UN Special Rapporteur on Human Rights and the Environment. (An independent expert was appointed by the UN in 2012).
Obtain Full Document through my SSRN Page.
Number of Pages in PDF File: 43
Keywords: human rights, environment, right to a healthy environment, international law, European Convention on Human Rights
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" The Research Day will explore the nexus between economic, social and cultural (ESC) rights and social justice. Can ESC rights further social justice at the national and international level? On the other hand, what are the differences... more
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The Research Day will explore the nexus between economic, social and cultural (ESC) rights and social justice. Can ESC rights further social justice at the national and international level? On the other hand, what are the differences between ESC rights and the (broader?) notion of social justice? Are they synonymous? Within the United Nations ‘social justice’ has been used as a core principle underlying the global mission to promote development and human dignity. Very broadly, social justice is concerned with the fair and compassionate distribution of the benefits of economic growth, so that all are able to provide in their fundamental needs.The underlying purposes of (ESC) human rights seem very similar. [.....]
Key speakers for the afternoon session:
- dr. Margot Salomon (LSE)
- Prof. Wouter vandenHole (University of Gent)
- chair: Prof. Bas de Gaay Fortman (Utrecht University)
We have a very interesting morning programme for (Ph.d.) researchers as well, with five abstract presentations and discussion with key speakers, for which there are still some places. Please find the programme via: www.asser.nl"
The Research Day will explore the nexus between economic, social and cultural (ESC) rights and social justice. Can ESC rights further social justice at the national and international level? On the other hand, what are the differences between ESC rights and the (broader?) notion of social justice? Are they synonymous? Within the United Nations ‘social justice’ has been used as a core principle underlying the global mission to promote development and human dignity. Very broadly, social justice is concerned with the fair and compassionate distribution of the benefits of economic growth, so that all are able to provide in their fundamental needs.The underlying purposes of (ESC) human rights seem very similar. [.....]
Key speakers for the afternoon session:
- dr. Margot Salomon (LSE)
- Prof. Wouter vandenHole (University of Gent)
- chair: Prof. Bas de Gaay Fortman (Utrecht University)
We have a very interesting morning programme for (Ph.d.) researchers as well, with five abstract presentations and discussion with key speakers, for which there are still some places. Please find the programme via: www.asser.nl"
Research Interests: Development Studies, Human Rights Law, International Development, Human Rights, International Human Rights Law, and 8 moreSocial Justice, Global Justice, Human Development, Distributive Justice, International Law and Global Justice (in Law/International Law), International Law and Global Justice, Economic , Social and Cultural Rights, and Economic, Social and Cultural Rights
Topics: Urgenda in Comparative Perspective. Role of Human Rights in Climate Litigation? Enforcement of Climate and Environmental Law? Role of Courts? Speakers: Prof. Marcel Brus (RuG, Chair) Prof. Roel Schutgens (Nijmegen) Prof. Gerrit... more
Topics: Urgenda in Comparative Perspective. Role of Human Rights in Climate Litigation? Enforcement of Climate and Environmental Law? Role of Courts?
Speakers:
Prof. Marcel Brus (RuG, Chair)
Prof. Roel Schutgens (Nijmegen)
Prof. Gerrit van der Veen (RuG)
Elbert de Jong, post-doc (UU)
dr. Jerfi Uzman (LeidenUniv)
dr. Kai Purnhagen (Wageningen)
dr. Edwin Woerdman (RuG, tbc)
Ellen Gijselaar, Phd researcher (UU)
Ted Thurlings, Phd researcher (Nijmegen)
Suryapratim Roy, Phd researcher (RuG/GCEL)
Saskia Fikkers, Phd researcher (RuG)
Marlies Hesselman, Phd researcher (RuG)
For questions and registration of participation, please contact the organizers:
Marlies Hesselman: m.m.e.hesselman@rug.nl
Saskia Fikkers: s.m.n.fikkers@rug.nl
Suryapratim Roy: suyra.roy@rug.nl
With support from Department of International Law, University College Groningen, Energy & Sustainability Programme, and the Green Office.
Speakers:
Prof. Marcel Brus (RuG, Chair)
Prof. Roel Schutgens (Nijmegen)
Prof. Gerrit van der Veen (RuG)
Elbert de Jong, post-doc (UU)
dr. Jerfi Uzman (LeidenUniv)
dr. Kai Purnhagen (Wageningen)
dr. Edwin Woerdman (RuG, tbc)
Ellen Gijselaar, Phd researcher (UU)
Ted Thurlings, Phd researcher (Nijmegen)
Suryapratim Roy, Phd researcher (RuG/GCEL)
Saskia Fikkers, Phd researcher (RuG)
Marlies Hesselman, Phd researcher (RuG)
For questions and registration of participation, please contact the organizers:
Marlies Hesselman: m.m.e.hesselman@rug.nl
Saskia Fikkers: s.m.n.fikkers@rug.nl
Suryapratim Roy: suyra.roy@rug.nl
With support from Department of International Law, University College Groningen, Energy & Sustainability Programme, and the Green Office.
Research Interests: Constitutional Law, Climate Change, Human Rights Law, Human Rights, International Human Rights Law, and 14 moreHuman rights and environment, Comparative Constitutional Law, Human Rights Theory, Climate Change Adaptation And Mitigation Strategies, Environmental Law and Human Rights, Climate Change and Human Rights, The Right to Health, Climate Change Law, Public Interest Litigation, UNFCCC, Human Right to a Healthy Environment, Rights of Future Generations, Urgenda case, and Climate Change LItigation
Poster Presentation at the ILA Regional Conference 2013. Paper in development.
Research Interests: Human Rights Law, Human Rights, International Human Rights Law, Social Justice, Global Justice, and 5 moreDistributive Justice, International Law and Global Justice (in Law/International Law), Social and Political Theories of Justice & Human Rights, Economic , Social and Cultural Rights, and Economic, Social and Cultural Rights
New 2017-2018 Workshop Series at University of Groningen. Kick-off Round Table on Monday 22 May 2017. More information attached, and via this website: http://www.rug.nl/rechten/congressen/il4sdgs/.
Research Interests: International Relations, Human Rights Law, International Law, Human Rights, Sustainable Development, and 14 moreInternational Human Rights Law, Law and Development, Public International Law, International trade law, Environmental Law and Human Rights, International Environmental Law, Sustainable Development Law, Trade in Basic Services (GATS) and Human Rights, International Investment Law, International Law and Development, International Development Law, MDGs, SDGs, NGOs, Sustainable Development Goals (SDGs), and SDGs post-2015
"The Law Department of the University of Groningen will host a Seminar Series on the topic: "Human Rights in Public Essential Service Provision". The Seminar Series will explore the role of human rights law in regulating adequate... more
"The Law Department of the University of Groningen will host a Seminar Series on the topic: "Human Rights in Public Essential Service Provision". The Seminar Series will explore the role of human rights law in regulating adequate provision of essential public services (including access to water, electricity and healthcare services), from a ‘law and governance’ perspective. A ‘law and governance’ perspective encourages to consider the potentially wide range of available hard and soft regulatory instruments and mechanisms through which various (competing) public and private interests in the delivery of services can be simultaneously assessed, appraised and balanced, including on the basis of human rights.
The purpose of the Seminars is as much to present on-going research, as it is to foster cooperative academic communities for furthering the understanding of how human rights law can play a role in guiding essential service provision. Researchers from other disciplines are very much welcomed to attend.
The Series will consist of, at least, of the following topics, with the first dates and Seminars now confirmed (see further programmes attached):
1) Human Rights in Public Essential Service Provision: "Governing Access for All" (12 December 2013)
2) Human Rights in Public Essential Service Provision: "Accountability" (23 January 2014)
3) Human Rights in Public Essential Service Provision: "Participation" (20 March 2014)
4) Human Rights in Public Essential Service Provision: "Dealing with Private Actors" (April 2014 tbd)
5) Human Rights in Public Essential Service Provision: Selected Issues: Universal Access to Energy in International and European Perspective (May 2014 tbd)
6) Human Rights in Public Essential Service Provision: Selected Issues: Call for Papers (September 2014 tbd)
7) Human Rights in Public Essential Service Provision: Lessons from a Law and Governance Perspective (tbd)
The results of all the events together will be published in a special
issue of an international law journal or an edited book, including relevant submissions from the Call for Papers which will be circulated around June 2014.
For more information on the Seminars, and/or to register for a Seminar, please contact stair@rug.nl. Generally the programme of the Seminar will allow for ample discussion time and networking opportunities as well.
Please see attached for further details on the programme, and our website for ongoing updates.
"
The purpose of the Seminars is as much to present on-going research, as it is to foster cooperative academic communities for furthering the understanding of how human rights law can play a role in guiding essential service provision. Researchers from other disciplines are very much welcomed to attend.
The Series will consist of, at least, of the following topics, with the first dates and Seminars now confirmed (see further programmes attached):
1) Human Rights in Public Essential Service Provision: "Governing Access for All" (12 December 2013)
2) Human Rights in Public Essential Service Provision: "Accountability" (23 January 2014)
3) Human Rights in Public Essential Service Provision: "Participation" (20 March 2014)
4) Human Rights in Public Essential Service Provision: "Dealing with Private Actors" (April 2014 tbd)
5) Human Rights in Public Essential Service Provision: Selected Issues: Universal Access to Energy in International and European Perspective (May 2014 tbd)
6) Human Rights in Public Essential Service Provision: Selected Issues: Call for Papers (September 2014 tbd)
7) Human Rights in Public Essential Service Provision: Lessons from a Law and Governance Perspective (tbd)
The results of all the events together will be published in a special
issue of an international law journal or an edited book, including relevant submissions from the Call for Papers which will be circulated around June 2014.
For more information on the Seminars, and/or to register for a Seminar, please contact stair@rug.nl. Generally the programme of the Seminar will allow for ample discussion time and networking opportunities as well.
Please see attached for further details on the programme, and our website for ongoing updates.
"
Research Interests: Human Rights Law, International Law, Human Rights, International Human Rights Law, Comparative Human Rights Law, and 14 moreWater Rights Law, Human rights and transnational corporations, Health Rights, The Right to Health, Health and Human Rights, Essential Services, Universal Access and Services, Human Rights and Access to Energy, Human Right to Water, Energy Access, Water Rights, Right to Health, Energy Access and Development, and Human Rights and Social Justice
"NJCM/FIAN Seminar: "Social and Economic Rights Across Borders: a Practical Exploration of the Maastricht ETO Principles', 18 September 2013, 13.00u-17.00, Campus Den Haag,The Hague. More info at: http://goo.gl/AG07ln With lectures... more
"NJCM/FIAN Seminar: "Social and Economic Rights Across Borders: a Practical Exploration of the Maastricht ETO Principles', 18 September 2013, 13.00u-17.00, Campus Den Haag,The Hague. More info at: http://goo.gl/AG07ln
With lectures by Prof. Fons Coomans (Maastricht University), Prof. Wouter Vandenhole (University of Antwerp) and practical workshops with case-studies led by NGOs. "
With lectures by Prof. Fons Coomans (Maastricht University), Prof. Wouter Vandenhole (University of Antwerp) and practical workshops with case-studies led by NGOs. "
Research Interests: Human Rights Law, Human Rights, International Human Rights Law, Social and economic rights, Economic , Social and Cultural Rights, and 6 moreEconomic, Social and Cultural Rights, Extraterritorial jurisdiction, (International Covenant on Economic, Social and Cultural Rights), Extraterritorial application of human rights, Economic Social and Cultural Rights, and Economic and Social Rights
On 24 November 2017, the Department of International Law of the University of Groningen is organizing its second Workshop in a series that explores "International Law for the Sustainable Development Goals". The theme of interactive... more
On 24 November 2017, the Department of International Law of the University of Groningen is organizing its second Workshop in a series that explores "International Law for the Sustainable Development Goals".
The theme of interactive Workshop 2 is "Financing and the Right to Science in Knowledge and Technology Sharing (SDG 17).
The deadline for abstracts is 15 September 2017. More information about this event and the workshop series as a whole, here: http://www.rug.nl/rechten/congressen/il4sdgs/workshop-2.
We also warmly welcome further thoughts on the series as a whole, and the event in specific, so as to build up a broad community of scholars engaging with relevant themes broadly. Also non-legal scholars are invited.
The theme of interactive Workshop 2 is "Financing and the Right to Science in Knowledge and Technology Sharing (SDG 17).
The deadline for abstracts is 15 September 2017. More information about this event and the workshop series as a whole, here: http://www.rug.nl/rechten/congressen/il4sdgs/workshop-2.
We also warmly welcome further thoughts on the series as a whole, and the event in specific, so as to build up a broad community of scholars engaging with relevant themes broadly. Also non-legal scholars are invited.