CONCEPTUAL PROBLEMS OF THE RIGHT TO BREATHE CLEAN AIr

Аннотация

The claim that every person holds a human right to breathe clean air has moved from moral intuition to emerging legal norm. Yet the concept remains contested and under-specified. This thesis maps the principal conceptual problems that impede coherent recognition and enforcement of the right. It shows, first, that legal sources are fragmented—some systems protect clean air as an autonomous right, others as a dimension of life, health, or private life, and many rely on soft-law guidance. Second, the right lacks a stable definition of “clean,” oscillating between health-based thresholds, technology-feasible standards, and context-dependent balancing tests. Third, attribution and causation are unusually complex because air pollution is cumulative, transboundary, and often generated by myriad private actors. Fourth, the scope of duties (respect, protect, fulfill) and their immediacy versus progressive realization are not consistently articulated, especially with respect to indoor air and corporate conduct. Fifth, justiciability turns on evidence, monitoring capacity, and access to information—areas characterized by inequality and uncertainty. The thesis argues for a principled framework that: treats WHO Air Quality Guidelines as a presumptive minimum core; clarifies duty-bearers and due-diligence standards across state and corporate actors; adopts precaution and non-regression as default interpretive canons; and guarantees participation and remedies consistent with access-rights treaties. This framework would convert an inspiring aspiration into an enforceable, context-sensitive right. Key words: air quality, monitoring capacity, transboundary, cumulative harm, environmental degradation, sustainable environment.