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This is because a clean and healthy environment is necessary to enjoy human rights in their entirety.
Here the interests of the environment would have to be balanced keeping in mind the other human rights.
The protection and preservation of the environment is one of the most important issues facing humankind today.
The centrality of this issue was demonstrated when the Nobel Peace Prize for 2007 was awarded to AL Gore and the Inter Governmental Panel on Climate Change for their efforts to build up and disseminate greater knowledge about man-made climate change.In 1991 Slovakia, as that part of the erstwhile Czechoslovakia where the Dam was supposed to be built, unilaterally implemented a variant of the Project thereby dramatically decreasing the amount of water flowing into Hungary.In 1993, the countries decided to refer the matter to the International Court.21, 1986, specifically grants this right: ‘All peoples shall have the right to a general satisfactory environment favorable to their development.’ Article 11(1) of the Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social, and Cultural Rights states ‘Everyone shall have the right to live in a healthy environment and to have access to basic public services.’ There is mention of this right even in the International Court of Justice jurisprudence.Judge Weeramantri in Case concerning Gabcikovo Nagymaros Dam deliberated on it.The case arose from a 1977 treaty between Hungary and Czechoslovakia whereby the two countries decided to construct hydroelectric facilities on the river Danube and also to improve navigation and flood control on the same river.During the year 1989, Hungary suspended and later abandoned work on the said project because of environmental concerns raised regarding the Project.Apart from these international instruments, there are regional instruments which speak of the human right to environment.Article 24 of the African Charter on Human and Peoples’ Rights, which entered into force on Oct.The second part of the paper shows the existence of such a regime in international law.The third part shows the same with respect to India.