A INTERAÇÃO ENTRE REGIMES E O IMPACTO DOS TRIBUNAIS DE DIREITOS HUMANOS PARA O APERFEIÇOAMENTO DO DIREITO INTERNACIONAL DO MEIO AMBIENTE

• Autor(a) principal: ANDRESSA TIEMI HIGASHI TAKEUCHI
• Data de Publicação: 2024
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Institucional da UFMS
• Texto Completo: https://repositorio.ufms.br/handle/123456789/8831
• topic: Direitos Humanos; Direito Internacional do Meio Ambiente

The research arises from the urgency of addressing the global ecological crisis and improving the means for environmental protection, including legal tools. International Environmental Law (IED), in its role of offering global responses to the crisis, is the source of a series of instruments aimed at addressing the challenges. However, although fundamental, the means employed by IED are still not considered sufficient, mainly because of their fragmentary and sometimes fragile nature. This is where the effort to find ways to overcome these problems and thus improve environmental protection at a global level comes from. The research problem addresses the fragmented and fragile nature of international environmental law and its ability to provide convincing responses to the urgency of the global ecological crisis. The research aims to answer the following question: how can we overcome the problems of fragmentation and fragility of DIMA and strengthen its effectiveness in responding to the global ecological crisis? The research hypothesis suggests that the interaction between DIMA and the International Human Rights Regime, in particular through the decisions of regional human rights courts, can provide positive results. This interaction can contribute to the harmonization of international environmental law and strengthen the effectiveness of environmental protection. The aim of the research is to investigate how international environmental law has benefited from the decisions of the Regional Human Rights Courts, focusing in particular on the harmonization of norms and the effectiveness of environmental protection provided by such mechanisms. There are four specific objectives corresponding to each of the chapters. The first is to address the global ecological crisis from the perspective of Planetary Boundaries and the relationship between man and nature. The second is to address DIMA as a legal response to the global ecological crisis, highlighting its shortcomings and identifying possibilities for improvement through interaction with other regimes and dialogue with different mechanisms. It identifies approaches to the interconnection between human rights and the environment, assessing their advantages, disadvantages and forms of relationship. The third is to analyze how interaction through the decisions of regional human rights courts has contributed to improving environmental protection, based on the approaches discussed in the previous chapter. It is hoped that by analyzing the interaction between Human Rights Regimes and International Environmental Law (IED), as well as the dialogue between the available tools, opportunities will be identified to strengthen environmental protection, offering ways to help meet the complex challenges of the ecological crisis, since IED alone is not yet able to offer answers that match the urgency of these challenges. The research is exploratory and descriptive in nature, using documentary and bibliographical research, with an analysis of the subject through works, scientific articles and international documents. The method adopted is the hypotheticaldeductive one, based on the hypothesis that the decisions of the regional human rights courts can contribute to the problems of fragmentation and fragility of DIMA.