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FUNDAMENTAL CHALLENGES OF ENVIRONMENTAL LAW 107
Since then, there has been full agreement between the parties on the need to implement
the 1997 judgment as soon as possible, but they differ on how to solve the navigability
of the river section in guestion without the lower barrage.
International recognition of the right to a (safe, clean, healthy and sustainable)
environment as a fundamental right for all would probably help to alleviate this
situation. However, this was only declared by the UN Human Rights Council in
October 2021! and confirmed by the UN General Assembly in July 2022.'°
Protecting and respecting human rights is an obligation for all, but it will take a
long time before the contents of the right to the environment are clarified in all
countries and the mere invocation of a violation of this right is sufficient for the
effective protection of the rights of those affected (Majtenyi 2018). It is worth
emphasizing that we are talking about a ‘human right’, which again demonstrates
the anthropocentric nature of (environmental) law.
Environmental law is characterized by weaknesses not only at the international
level, but also in general. In addition to states and international organizations,
many other actors and interest groups are involved in the development of legislation
and so-called environmental conflicts arise much less frequently between countries
(although these cases garner the most publicity) than at the local level, between
various interest groups. As a result, the principle of public participation in
environmental law has been strengthened, as members of the public
(environmentalists and NGOs) can often use legal means to draw attention to
breaches of the rules and the marginalization of environmental concerns in decision¬
making. They can even use their right to appeal in order to force a change in a
decision that has already been taken (see the study by Viktor Glied).
The role of the European Union
The European Union of 27 developed countries can serve as a model for other
organizations and regions, because compared to where the Western European
integration process started in the early 1950s, the EU’s main objective since 2019
has been to achieve the dual (green and digital) transition resulting from the
European Green Deal (Bandi et al. 2022: 175-178). In order to achieve this, the
EU’s main goal is to become the world’s first climate-neutral continent by 2050
(thus contributing to the Paris Agreement objectives).
The rule of law is also a key element for the EU, as one of the fundamental
principles derived from the constitutional traditions common to the Member
States and the Union. It is one of the most important values on which the Union
was founded,” and is linked to democracy and respect for human rights. Although
the jurisprudential position is not uniform, the majority view of EU law is that it
is a distinct legal system (‘European Union law’ or “EU law), fundamentally different
both from traditional international law (as is evident in its level of effectiveness)
and from the law of nation (federal) states.
15 A/HRC/48/L.Rev.1.
16 A/76/L.75.
17 See the Treaty on the European Union, article 2.