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The human right to environment can be understood in two contexts: either as an independent right existing separately or as a part of other existing human rights.
Some of the major international instruments like the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights preceded the groundswell of concern for the environment that has sprang up in the late sixties.
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.
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Principle 1 of the Declaration of the UN Conference on the Human Environment stated that ‘Man has the fundamental right to freedom, equality and adequate conditions of life, in an environment of a quality that permits a life of dignity and well-being….’ Although many commentators were disappointed that the Stockholm Declaration did not expressly declare the existence of a new human right, yet this Declaration is in many ways the furthest the international community has come to recognize an independent human right to environment as it expressly declared that man was entitled to live his life in an environment of a quality that permitted a life of dignity and well being.
The UN Conference on Environment and Development in Rio de Janeiro in 1992 further elaborated on this.
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.