The Basic Contents And The Kernel Value Of Civil Environment Rights

Rapid economic development has led to environmental pollution and damage to the environment intensifies, which has been a threat to human survival and development. So the economic background of the generation of environment rights are global environmental pollution, shortage of resources and ecological damage that have been brought about by development of capitalism after the industrial revolution and the global expansion. The theoretical background is the theory of sustainable development.This thesis is divided into three parts: the first part states the birth, the theoretical basis and the content of the concept of environment rights in details, and analyzes the reasons that why the environmental problem exists. The second part explores s and discusses the nature and the value of environment rights from the perspective of human rights. Environmental rights as one of human rights has been recognized the relevant documents, declarations and even in the formal confirmation from the Legislative Council in many countries and the international community. This section discusses the basic theories of human rights and environment rights, and also explores the relationship between human rights and environment rights that can be seen as one of human rights. Besides that, this part also compares the differences among environment rights, survival rights and development rights, and gives a conclusion that environment rights are a kind of new rights which are so different from survival rights and development rights. Environment rights can be considered as the third generation rights, which have equal position with human rights and development rights of citizens. The third part introduces the sustainable development, and discusses that the sustainable development can evaluate the value of environment rights. Environment rights not only can support the sustainable development but also can protect the inter-generational equity. Because the rights and obligations, which are derived from the nature of the environment to human rights, are not confined to one country, but involve the whole world..This thesis proposes that environment rights are the rights that should put human first, the rights that can be seen as the core value of the survival and development rights, and also the rights that are the spirit of the harmonious relationship between human beings and the nature. Environment rights are not only the rights of equality but also the universal rights of all mankind, and the common rights of people in the contemporary and future generations. Based on the early 21st century prospects for the future development of environmental rights, environmental rights will face with both of opportunities and challenges. Because economic growth will further lead to the deterioration of the environment, and particularly in developing and developed countries, the growth of economic development will bring about a challenge to environment rights. Since as human activities have continued to expand the space, especially biotechnology, nuclear technology, space technology, marine technology and high-tech wars, the new environmental problems will be brought and these problems will put environment rights into a series of challenges. Nevertheless, the development of environment right will not stop; it also faces with opportunities together with challenges. Because more complex environmental issues, which are caused by the continuous development of economic, will enhance the environmental awareness of all mankind in order to promote the worldwide environmental movement. The legislative will speed up the judicial process of environment rights and improve the mechanisms for the protection of the environment, which will improve environment rights gradually and perfectly. The development process of environment rights shows a social, ecological and globalization trends. In addition, the development of environment rights in the future also depends on the development of human rights. The development of human rights will facilitate and promote the protection and the development of environment rights.All the human beings have the responsibility to protect the environment. Meanwhile the protection of environment is also a necessary requirement of the harmonious relationship between human beings and the nature. Therefore, to confirm, protect and develop environment rights as one of human rights is the guidance in harmonious coexistence between mankind and the nature.