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AMICUS CURIAE BRIEF IN OPPOSITION TO THE PETITION FOR WRIT OF MANDAMUS
The brief contends that a stable climate system is a necessary precondition for the exercise of fundamental rights, such as the right to life, liberty, and property. It supports this position by citing international agreements, including the Paris Agreement and the UNFCCC, as well as jurisprudence from foreign courts and U.S. state constitutions that link environmental health to human rights.
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Document type: Legal commentary
DERECHOS HUMANOS Y AMBIENTE: DESAFÍOS PARA EL SISTEMA INTERAMERICANO DE DERECHOS HUMANOS
The paper analyzes the convergence of human rights and environmental law, arguing that a healthy environment is a prerequisite for the enjoyment of fundamental human rights. It explores legal tools within the Inter-American System—such as precautionary measures, admissibility exceptions, and state responsibility for third-party actions—to address environmental degradation. Through a comparative analysis of jurisprudence from the Inter-American, African, and European systems, the author demonstrates how rights to life, integrity, property, and information are increasingly interpreted to include environmental dimensions, emphasizing the state's duty of due diligence to prevent harm from industrial activities.
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Document type: Research paper