Право на безпечне для життя і здоров’я довкілля в сучасному міжнародному праві

The article is devoted to the analysis of the realization of the right to a safe environment for life and health as a common interest of the international community and a universal obligation of States. It examines the evolution of international environmental law to the status of erga omnes norms, which apply to all States irrespective of specific treaties, with reference to key decisions of the International Court of Justice, in particular the Barcelona Traction case (1970) and the precedent-setting recognition in the ICJ Advisory Opinion of 23 July 2025 of the erga omnes character of obligations to protect the climate system from anthropogenic greenhouse gas emissions (the obligation to prevent significant transboundary harm under customary international law).Separate attention is given to the practice of the European Court of Human Rights in cases involving environmental and climate threats, viewed through the lens of Articles 2 and 8 of the European Convention on Human Rights (positive obligations of the State to protect life and private/family life from industrial pollution, noise, climate change, etc.). The article highlights the tension between national sovereignty and the principle of common but differentiated responsibilities, as well as the limitations of the ECtHR’s jurisdiction (absence of a direct right to a clean environment, requirement to exhaust domestic remedies).The authors emphasize that effective protection of the right to a safe environment is impossible without international cooperation, as environmental threats are transboundary in nature, and the further development of the erga omnes concept and accountability mechanisms will strengthen guarantees of every individual’s right to a clean and safe environment.