109. In the course of this litigation, several witnesses invoked the principles of a free society, particularly in relation to health and environmental matters, as well as nature and the rights of individual human beings. The Tribunal chose to resolve the matter on a lower level and focused on the need to protect human health. It first stated that the right to life enshrined in the Universal Declaration of Human Rights must be interpreted ‘in the widest sense’, and that it should therefore be judged by the principle of negative urgency, that is, by the need to protect human life ‘from any foreseeable harm’.21
6. The Tribunal ruled that Wind Turbines Is Not a Threat to Human Health, and that it Is Morally Acceptable for Residents to Consume Energy Generated by Wind Turbines. It also ruled that Community-based Wind Turbines Do Not Present Any Harmful Health Effects and are Morally Acceptable.
108. The Tribunal ruled that the wind turbine industry could be taken to task on the grounds that it failed to demonstrate the requisite effects on human health. The Tribunal also ruled that the wind turbine industry failed to establish that the plans for wind turbines in the neighbourhood of the applicants should be rejected, based on the harm that the wind turbine industry had caused and had the potential to cause to the health of nearby residents. In the end, the Tribunal did grant provisional relief to the applicants by ruling that, as part of the project, wind turbines would be less than 1,000 feet from the homes of both individual complainants and the community as a whole.
107. The first part of the ruling for the wind turbine industry was the most controversial. In the end, the Tribunal adopted the wind turbine industry’s arguments, declaring that, because the issue was not about the nature of the technological intervention, it should be dealt with in two steps. First, it should be determined what impact the intervention has on human health, and, secondly, it should be decided whether, given the impact on human health, the intervention is morally acceptable.
112. The socialization of the economy is gradually replacing the free market, the aim of which was the suppression of organized labor. However, the free market is not suppressed but only restricted: it is restricted to those firms who are able to make the required investments and who cannot be permitted to rely on the state and on the affiliated protectionist policies.
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