| It is a fact that the right to environment has been a controversial theory in the fields of environmental laws and human rights laws. The basic research in Environmental law is the rights to environment. It is also the starting point for building the environmental law system. A analysis of the emergence, definition, and content, as well as the nature of the right to environment is very important. The study on the rights to environment from a human rights perspective and then the basic human rights perspective for the protection of human rights in the environment law is of great significance.When environmental issues become worse and worse and people have increasing environmental awareness, the rights to environment firstly came into being in the western countries. Human centered ethic is the source of ecological crisis. Hence the ethical transited from human center to ecological center then to ethics for sustainable development. From the perspective of economics, the theory of economic cycle and public goods theory can also explain why the right to environment brings about.From the evolution of human rights and historical analysis of the human rights, the author thinks that the right to environment is human right. From the analysis of the nature of fundamental human rights, the right to environment is the fundamental human rights. It has the characteristics of the fundamental human rights, such as: natural and equity characteristics; Historic (social) and class (political) characteristics; Domestic and international characteristics; Universality and specificity characteristics; Absolute and relative characteristics. The right to survive and the right to development is the two fundamental human rights. Without a good environment, mankind can not survive and develop. Therefore, the right to environment is the fundamental human rights to subsistence and development. We can also find from international and domestic law that the right to environment has been... |
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