The possibility of enforcing environmental rights as third-generation rights in Malta

Abstract

This dissertation purports to focus on the growing importance of Environmental Rights, being part of the Third-Generation of rights in today’s world. It aims at showing how crucial it is to have such rights being properly recognized by the State and being included in the Maltese Constitution. First of all, this study examines the fact that the environment is inherent in the very existence of humanity and thus it is one of the most fundamental sources of life, as all life emanates from it. Hence, the proper recognition and enforceability of environmental rights does not merely contribute towards environmental protection, as it also has the potential to improve the quality of life and sustain humanity. This dissertation then passes on to take an in-depth review on the environmental situation within the local scenario. Although the right to environment has now attained worldwide recognition as being one of the most important amongst fundamental human rights, the Maltese Constitution still does not recognize this. This is in fact quite a significant issue in the Maltese islands, as the State fails to recognize such rights in the supreme law of the country, making such rights unenforceable. Moreover, the issue of who bears responsibility and liability and who is to have locus standi in environmental matters is studied in the third chapter of this dissertation. Then the dissertation proceeds to examine whether environmentally related legislation, entities whether governmental or otherwise and other mechanisms in place are sufficient in ensuring and safeguarding environmental rights or not. Finally, a factual case is discussed for the better comprehension of the issues examined in this dissertation. This case deals with the use of pesticides and herbicides in relation to beekeeping, a particular scenario showing the negative impacts of certain daily activities on the economy, the environment and also on humanity.