Literature Review : This accounts the previously written, published and unpublished literature on the selected research topic. The purpose of conducting a review on the existing knowledge and ideas on the topic is to highlight the strengths and weaknesses of the research area whilst defining a guiding concept for the dissertation. To achieve this, four important steps must be followed: concentrate on the relevant theories; break down the topic and define key terms; examine recent research in the area; and conclude with the research questions that will be resolved in the study.
Principle 10 of the Rio Declaration 1992 identifies that participation of concerned citizens is essential to environmental justice. This principle could be developed to impute that there should be a substantive system and access to environmental justice. In order for this system to be effectively developed there should be a right to environmental quality. The problem is that the European Court of Human Rights (ECtHR) has rejected this extension in a number of cases (. Budayeva & Others v Russia (2008) 20th March 2008; Oneryildiz v Turkey (2005) 41 EHRR 20; and Leon Agnieszak Kania v Poland (2009) 21st July 2009). The ECtHR has categorically refused to extend an explicit right to a clean and quiet environment under Article 8, which means there is a systemic failure to provide Environmental Justice. This approach is interesting as there is a right to Environmental Quality in the US, Canada and India, which has enabled public interest litigation. Therefore, the following dissertation will analyse the approach taken by the ECtHR, and consider if it is fit for environmental law in the 21st Century.