La tutela della salubrità dell'aria e della persona in civil Law e in common Law

Abstract

The essay deals with safeguarding the right to a healthy environment in the Italian and English systems, especially for the individuals affected by emissions that corrupt the air quality interfering with their private and family life. The study focuses on the injunction, as a non-compensatory remedy, actionable before the English courts by claimants seeking the decontamination of the polluted areas. The insight into the foreign environmental law will provide a new perspective on the Italian one that (as the European Court of Human Rights stated in the Cordella case) does not secure everyone an effective remedy to the violation of their environmental human right.