Publication details
Globální oteplování v reflexi ústavně garantovaného práva na příznivé životní prostředí
| Title in English | Global Warming in reflection to the constitutional right to a favourable environment |
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| Authors | |
| Year of publication | 2016 |
| Type | Chapter of a book |
| MU Faculty or unit | |
| Citation | |
| Description | The principal aim of the contribution is to find out if the climate change can be considered as a breach to the constitutionally guarrantied right to the favourable environment. It was concluded that the right to the favourable environment and the basic human right to life and health are interlinked in the frame of global climate change. A state has a duty to protect its citizens, however, the choice of policy (adaptation measures or mitigating/reduction measures) to solve this problem is in its discretion. The approach consisting of prevailing adaptation measures may be considered a breach of international obligations, if the state is obligated to specific reductions of greenhouse gases. On the other hand, it cannot be marked as the breach of duty regarding its citizens. |