119. The object and purpose of environmental law, as mentioned in Chapter 3, is precisely to
protect the environment against harm that results in the degradation of the human habitat and,
consequently, the degradation of an individual’s living conditions. To this end, international
environmental law contains a series of norms and tools to implement the principle of prevention
with regard to the environment, such as environmental impact assessments, environmental quality
standards, and maximum permissible limits.69
120. In this context, several State obligations that are included in the body of norms of
environmental law are relevant for compliance with State obligations in the area of human rights
and promote their effectiveness – considering that the exercise and enjoyment of those rights
depends, above all, on the habitat and physical environment of the human being (see Chapter 3). In
the case of the construction of major infrastructure projects in the Caribbean Sea that could have a
significant impact on the marine environment of this Region and, consequently, on the exercise
and enjoyment of the basic rights of the inhabitants of its coasts and islands, the norms of
international environmental law – which see, precisely, to prevent and to mitigate damage to the
human habitat – play a crucial role in order to ensure the human rights of those potentially
affected.
121. Despite the foregoing, to date, the Court has not had the occasion to establish whether, and
to what extent, State obligations under international environmental law can be considered human
rights obligations in light of the Pact, particularly as part of the obligations recognized in Articles
4(1) and 5(1) of this instrument; a question posed in this request for an advisory opinion.
122. This question does not seek to determine the existence of a formal legal relationship
between environmental law and human rights, in the sense that a formal violation of
environmental law would automatically be considered a violation of human rights. The
presentation of this request for an advisory opinion seeks to determine the substantive normative
interaction between environmental law and human rights in order to establish whether, and to what
extent, international human rights law should be interpreted in light of, or in connection with,
certain obligations established by international environmental law.
123. Two obligations established by international environmental law are absolutely essential for
the real, full and effective guarantee of the rights and freedoms established in the Pact of San José
and, consequently, they should be considered obligations that arise from that instrument. These
obligations are: (a) the obligation to make complete environmental impact assessments not only of
a national, but also of a transboundary nature, prior to the startup of any project that could cause a
severe negative impact on the environment – assessments that should necessarily include the
determination of the necessary and sufficient measures to prevent and to mitigate any possible
69
Marcos A. Orellana, Derechos Humanos y Ambiente: Desafios para el Sistema Interamericano de Derechos
Humanos, Center for International Environmental Law (CIEL) 2007. Available at:
www.ciel.org/Publications/Morellana_DDHH_Nov07.pdf, p. 296
60
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