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Erzsébet Kardos Kaponyi
Full-time professor of the Institute of International Studies at Corvinus University of Budapest. Her teaching and research activity focuses on two distinct fields: European Community Law and Human Rights. Her main fields of expertise are the interdisciplinarity dimensions of human rights.
Article

Access_open Human Rights Courts Interpreting Sustainable Development: Balancing Individual Rights and the Collective Interest

Journal Erasmus Law Review, Issue 2 2013
Keywords Operationalizing sustainable development, human rights, individual rights/interests, collective rights/interests, human rights courts
Authors Emelie Folkesson MA
AbstractAuthor's information

    This article uses a generally accepted conceptualisation of sustainable development that can be operationalized in a judicial context. It focuses on the individual and collective dimensions of the environmental, economic and social pillars, as well as the consideration of inter-generational and intra-generational equity. Case law from the European, African and American systems is analysed to reveal if the elements of sustainable development have been incorporated in their jurisprudence. The analysis reveals that the human rights bodies have used different interpretative methods, some more progressive than others, in order to incorporate the elements of sustainable development in the scope of their mandate, even if they do not mention the concept as such. The overall conclusion is that sustainable development has been operationalized through human rights courts to a certain extent. Sometimes, however, a purely individualised approach to human rights creates a hurdle to further advance sustainable development. The conclusion creates the impression that sustainable development is not just a concept on paper, but that it in fact can be operationalized, also in other courts and quasi-courts. Moreover, it shows that the institutional structure of human rights courts has been used in other areas than pure human rights protection, which means that other areas of law might make use of it to fill the gap of a non-existing court structure.


Emelie Folkesson MA
PhD Candidate in public international law, Erasmus University Rotterdam. The author would like to thank Prof. Ellen Hey, Prof. Klaus Heine and two anonymous reviewers for their valuable insights and constructive comments on the drafts of this article. The usual disclaimer applies.

Chritopher Daniel Johnson
LL.M. (Adv.) Leiden University, M.Sc. International Space University.

M.J. Stanford
Immediate past Deputy Secretary-General, International Institute for the Unification of Private Law (Unidroit).

Stephan Hobe

Mukund Rao
National Institute of Advanced Studies (NIAS), India, mukund.k.rao@gmail.com.

K.R. Sridhara Murthi
National Institute of Advanced Studies (NIAS), India krsmurthy09@gmail.com.

V.S. Ramamurthy
National Institute of Advanced Studies (NIAS), India vsramamurthy@nias.iisc.ernet.in.

José Monserrat Filho
Brazilian Association of Air and Space Law (SBDA), Brazilian Society for the Advancement of Science (SBPC), Brazilian Space Agency (AEB), jose.monserrat.filho@gmail.com.

Olavo de O. Bittencourt Neto
Catholic University of Santos, Brazil, olavo.bittencourt@usp.br.

Martin Reynders
German Aerospace Center, DLR e.V., Germany, m.reynders@t-online.de.

Lisa Küpers
Germany, lisa.kuepers@t-online.de.
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