Using laws governing human rights may be the best way of harnessing international legislation and tribunals to protect the Amazon, a new study shows.
Safeguarding the rainforest is a critical priority because of the ecosystem's planetary importance. Recent increases in deforestation and fires in the region have made this even more urgent.
The new research, published in the Review of European, Comparative and International Environmental Law (RECIEL), says using human rights law to protect the Amazon is more likely to have stronger prospects, as campaigners wouldn't need to submit information about more than one nation for it to be upheld. Courts would only need to judge that environmental damage violated the rights of either certain individuals or tribal and indigenous peoples.
The experts behind the study hope it will be used as a comprehensive guide for those working to protect the Amazon. It assesses the potential for litigation in international courts and tribunals, examining the possible claims, the risks associated with each of these and which are more likely to be successful.
The protection of the Amazon poses particular challenges for international law because global ways of protecting the environment exist alongside the territorial jurisdiction of the Amazon nations, which have permanent sovereignty over natural resources.
The hurdles in jurisdiction and evidence often prevent a clear-cut judgment and Amazon states from being compelled to take the urgent and direct measures needed to bring the ecosystem back from the brink.
According to the passage, which of the following statements about the Amazon protection is true?