The European standpoint on environmental rights: between a Human Rights Court and a Business Court

Abstract: The present thesis covers a research in the area of environment and human rights. In particular, this research is carried out through the comparative study and analyse of the case law of the European Court of Human Rights and the European Court of Justice connected to environmental harm and its correlation to human rights law. The thesis will approach the case law related to certain categories of environmental harm, namely: industrial pollution, noise pollution and regional/urban development. This research leads to the conclusion that the European Court of Human Rights focuses on reinterpreting the human rights set in the Convention with the purpose of incorporating environmental issues. However, the European Court of Justice focuses more on the realization of an effective sustainable development that will be able to sustain the economy of its Member States.