A/HRC/19/34
central to enabling communities to learn about the environmental risks they are exposed to
and to adopt the necessary preventive measures.
63.
In summary, both the Committee on Economic, Social and Cultural Rights and the
Human Rights Committee have strongly contributed to clarifying aspects of the
environmental dimension of human rights. Nevertheless, new aspects of this relationship
require further work, such as the climate change and human rights interface.
IX. Extraterritorial dimensions of human rights and the
environment
64.
The extraterritorial dimensions of the human rights and environment interface
provide fertile ground for further inquiry, particularly in relation to transboundary and
global environmental issues. The linkage between human rights and the environment raises
the question whether human rights law recognizes States’ extraterritorial obligations. The
present chapter illustrates the most important issues relating to States’ extraterritorial
obligations, in regard to environmental issues and explores the contours of human rights
law as it evolves toward recognition of the extraterritorial obligations of States.
65.
The extraterritorial dimension of the human rights and the environment linkage is
evident in the area of transboundary environmental harm. Such harm arises where
environmental degradation results in the impairment of rights of people outside of the
territory of the State where the damaging activity occurs. One country’s pollution can
become another country’s environmental and human rights problem, particularly where the
polluting media, like air and water, are capable of easily crossing boundaries.
66.
The extraterritorial problem raised by transboundary environmental harm also
extends to global pollution issues, such as the concentration of greenhouse gases in the
atmosphere leading to dangerous climate change and marine dumping, which may affect
areas beyond national jurisdiction such as the high seas.
67.
Additionally, extraterritorial concerns may arise where States fail to adequately
regulate transnational corporations and other business entities, incorporated or otherwise,
having substantial business operations in their territories which cause environmental harm
in the countries where they operate. Often, environmental harm resulting from the activities
of transnational corporations occurs in developing countries lacking effective means of
monitoring and enforcing compliance with environmental laws and regulations. Failure by a
State to regulate, by action and omission, indirectly causes environmental degradation
beyond its territory.
68.
Important progress has been made towards the recognition of the extraterritorial
obligations of States in human rights law, particularly in the area of economic, social and
cultural rights. This progress is particularly important where human rights obligations are
related to environmental degradation.
69.
Perhaps the key question with regard to the extraterritorial dimension of human
rights and environment is the spatial scope of application of human rights law instruments.
The universality of human rights proclaimed in the Universal Declaration of Human Rights
has inspired the development of a number of legally binding treaties codifying State
obligations to protected rights. Such international human rights law instruments have
varying approaches to jurisdictional limitations on the spatial scope of application and
extraterritorial reach of States’ obligations. Some human rights treaties contain provisions
that specify jurisdictional limitations on States’ obligations. For example, the International
Covenant on Civil and Political Rights, the European Convention for the Protection of
Human Rights and Fundamental Freedoms and the American Convention on Human Rights
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