The World Health Organisation guidelines : influencing contemporary environmental (health) : law the case of air and water quality
(2026)
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- (en) Divided into three parts, this thesis addresses the influence of the WHO air and drinking-water quality guidelines in environmental (health) law. The first part develops a theoretical framework by analysing the nature and functions of the guidelines in law. Although non-binding, they are grounded in scientific expertise and benefit from the WHO’s institutional authority, which explains their widespread use by decision-makers. The study identifies four main functions through which they exert normative influence: initiating legislative action, guiding interpretation, acting as de facto regulatory standards, and contributing to the diffusion of human rights. In some cases, their influence is so strong that they effectively operate as binding standards. The second part focuses on the guidelines themselves, highlighting their hybridity and the institutional context from which they emerge. Produced by a UN specialised agency, WHO, they reflect both scientific evidence and political considerations linked to their implementation. While this hybridity enhances their chances of implementation, it also raises concerns regarding transparency and scientific robustness, particularly in relation to the drinking-water guidelines. The third part adopts a case-study approach, analysing the influence of WHO guidelines within EU law, notably in the EU ambient air quality and drinking-water directives. It demonstrates a deep and longstanding interconnection between the EU and the WHO, including EU involvement in the development of the guidelines. The analysis shows that the guidelines influence EU law through the same four functions identified earlier, progressively shaping legal standards and, in some cases, crystallising into binding norms. The research concludes on the gradual influence of the WHO guidelines under scrutiny in environmental (health) law and sheds light on the intersections that underpinned the research.
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Bertaux, C. (2026). The World Health Organisation guidelines : influencing contemporary environmental (health) : law the case of air and water quality. https://hdl.handle.net/2078.5/277763