While observing that none of the rights that are expressly protected by the ECHR refer specifically to the environment, David Short, a solicitor with CMS Cameron McKenna, demonstrates that the Strasbourg court has frequently taken the Convention into account when ruling on environmental issues: see
Among the provisions that the UK property industry will have to wake up to, David cites Article 6 (right to a fair trial), Article 8 (respect for private life and the home), and Article 1 of Protocol 1 (right to property). The last is of particular interest, as it could effectively extend the scope of the tort of nuisance.
Conversely, should enforcement authorities show an excess of zeal, the procedural safeguards afforded by Article 6 could provide a shield for so-called enemies of the environment.
While observing that none of the rights that are expressly protected by the ECHR refer specifically to the environment, David Short, a solicitor with CMS Cameron McKenna, demonstrates that the Strasbourg court has frequently taken the Convention into account when ruling on environmental issues: see Environment-friendly Estates Gazette 23 September 2000, p192.
Among the provisions that the UK property industry will have to wake up to, David cites Article 6 (right to a fair trial), Article 8 (respect for private life and the home), and Article 1 of Protocol 1 (right to property). The last is of particular interest, as it could effectively extend the scope of the tort of nuisance.
Conversely, should enforcement authorities show an excess of zeal, the procedural safeguards afforded by Article 6 could provide a shield for so-called enemies of the environment.
