All Hands on Deck!: Scholars and the Human Right to a Healthy Environment

At the Raoul Wallenberg Institute last week, two dozen scholars from around the world met to contemplate “Human Rights in the Anthropocene.”  Former UN Special Rapporteur on Human Rights and the Environment, John H. Knox set the stage with a keynote presentation noting the challenges to establishing a universal human right to a healthy environment despite widespread recognition of the right at the national constitutional level.  Other speakers critiqued anthro-centric approaches to environmental law, explored environmental rights litigation, reviewed related areas of law such as international trade, made the human rights case against climate change deniers, and explored ways to support local government’s implementation efforts.

But while papers were shared and debated, this was not a usual academic gathering.  Rather, RWI, Frank Baber, and other attendees, came together to explore more fully how academics can support environmental human rights advocacy at this “all hands on deck” moment.  A shared sense of purpose and resolve brought the group together not just to theorize, but to problem-solve.

All in attendance noted the special role of academics in developing new theoretical approaches.  One example is the development of the public trust doctrine that undergirds the Juliana litigation pending in the 9th Circuit Court of Appeals — a doctrine expanded through the scholarly work of Professor Mary Wood.  Attendees also noted the role that law schools and law school clinics can play in developing legal theories through amicus brief work, filing comments with international bodies, and other mechanisms for input.  For example, at least seven of the amicus briefs filed in the Juliana case included legal academics and clinical programs as counsel.

Given the US government’s current attacks on sound environmental policy, work with state and local governments had special resonance for US attendees.   Many cities are looking to the SDGs for guidance in developing sustainability plans, or seeking to challenge the federal government’s efforts to restrict progressive environmental policies.  There is much work for academics to do in supporting local pro-environment, pro-human rights initiatives — and local governments often welcome partnerships with local universities and colleges.

Finally, the scholars examined their own practices.  What are universities doing to incentivize scholarly engagement with environmental human rights through relevant academic work and assistance to policymakers and advocates?  And what are universities doing to minimize their own impacts?  An April 2019 report indicated that only about 15% of the universities that have made climate pledges are purchasing carbon offsets to counteract their emissions.  Beyond offsets, universities might also take steps to encourage alternatives to travel through virtual colloquia and meetings.

In sum, while the challenges are real and overwhelming, the sense of the gathering was that there are real, positive contributions that scholars can make, particularly if they leave their ivory towers and work more directly with advocates and policymakers.  For scholars, there should be no more staying below and out of the fray — it’s all hands on deck!