The Construction and Development of Procedural Environmental Rights in Regional Organizations: The Comparison of EU and ASEAN
Date Issued
2014
Date
2014
Author(s)
Li, Pei-Jung
Abstract
The convergence of international environmental law and human rights law has enhanced the development of environmental rights in recent years. Within the trend of the development in international law, the procedural environmental rights have gained the position as the focal point, supported by both discourses within international environmental law and human rights law. While there is such phenomenon within international law, it is worthwhile to research on whether similar trend can be found in regional level; and whether different regional organizations would perform different trends shaped by different factors. To answer these questions, this Thesis selected two regional organizations, the Association of Southeast Asian Nations (ASEAN) and the European Union (EU), to become the objects of observation, with the aims to observe the trend of the development in regional level, and to analyze the determining factors within these regional organizations affecting the legal process.
This Thesis submitted that, despite the fact that the international environmental right discourse has procedural environmental rights as its focal point of development, in the context of regions, both EU and ASEAN submitted different routes of trend. While the trend within EU is closer to the trend in international law, ASEAN by contrast, presents a rather different route of development. Regarding the determining factors shaping the norm within regional level, this Thesis submitted that there are three factors that could shape and affect the discourse of procedural environmental rights, including the structure of regional interaction, the pattern of norms and the design of institution. Based on this understanding and encouraged by the concern of this Thesis on ASEAN, this Thesis further observed the integration roadmap of ASEAN, the characters of ASEAN and the regional interaction structure; considered the potential of ASEAN in developing the discourse of procedural environmental rights; and provided two proposals for future development.
Subjects
程序環境人權
規範形塑進程
區域組織
東南亞國協
歐洲聯盟
Type
thesis
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