Environmental Movement and Human Rights: Focused on Citizen Suits
Date Issued
2011
Date
2011
Author(s)
Chien, Yi-Kuan
Abstract
This thesis focused on the theories and practices of citizen suit, especially on how citizen suits protect human rights. The so-called “lawsuit” means a civil action brought in a court of law in which a plaintiff, who claims to have incurred loss as a result of a defendant actions, demands a legal or equitable remedy. But a citizen suit is a lawsuit by a private citizen to enforce a statute, and the plaintiff doesn’t have to be injuried.
Although at first glance the prosecution may be considered pointless. We know the conducts of damaging the environment could harm many people, and the damagers are usually corporations, who make money, however, share the environmental cost with ordinary people, this is injustice. Citizen suits permit public access to the court system to challenge government and private decisions that fail to protect the environment or social well-being.
Based on the uncertain affect of environmental degradation, this thesis starts with arguing the environmental benefits should be considered fundamental rights, then the origin and mutual development of environmental movement and citizen suit, finally compares the decisions courts made in Taiwan and U.S., the main purpose of writing this thesis is to provide a view of outsider which helps us to contemplate whether our court is adequated to play the role of guardian of human rights.
Subjects
citizen suits
environmental law
environmental movement
Type
thesis
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