The Environment Through The Lens Of International Courts And Tribunals

Author : Edgardo Sobenes,Sarah Mead,Benjamin Samson
Publisher : Springer Nature
Page : 754 pages
File Size : 43,5 Mb
Release : 2022-06-01
Category : Law
ISBN : 9789462655072

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The Environment Through the Lens of International Courts and Tribunals by Edgardo Sobenes,Sarah Mead,Benjamin Samson Pdf

This book brings together leading and emerging scholars and practitioners to present an overview of how regional, international and transnational courts and tribunals are engaging with the environment. With the natural world under unprecedented pressure, the book highlights the challenges and opportunities presented by international dispute resolution for the protection of the environment and the further development of international environmental law. Presented in three parts, it addresses how individual courts and tribunals engage with environmental matters (Part I); how courts and tribunals are resolving key issues common to environmental litigation (Part II); and future opportunities and developments in the field (Part III). The book is an essential one-stop-shop for students, practitioners and academics alike interested in international litigation and the protection of our global environment. Edgardo Sobenes is an international lawyer and consultant in international law (ESILA), Sarah Mead is a lawyer specialising in international environmental and human rights law, and Benjamin Samson is a researcher at the Université Paris Nanterre and consultant in international law.

Author : Tim Stephens
Publisher : Cambridge University Press
Page : 459 pages
File Size : 41,7 Mb
Release : 2009-02-12
Category : Law
ISBN : 9780521881227

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International Courts and Environmental Protection by Tim Stephens Pdf

A comprehensive examination of international environmental litigation which addresses the major environmental challenges of the twenty-first century.

Author : Christina Voigt
Publisher : Cambridge University Press
Page : 505 pages
File Size : 47,8 Mb
Release : 2019-04-18
Category : Law
ISBN : 9781108497176

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International Judicial Practice on the Environment by Christina Voigt Pdf

Evaluates the fundamental legitimacy of judicial practice in the growing number of environmental cases heard before international courts.

Author : Ellen Hey
Publisher : Martinus Nijhoff Publishers
Page : 40 pages
File Size : 45,6 Mb
Release : 2000-10-10
Category : Law
ISBN : 9041114963

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Reflections on an International Environmental Court by Ellen Hey Pdf

International law governing the settlement of disputes through law-based forums, such as courts, tribunals and arbitral tribunals, is fraught with limitations that are becoming especially apparent with respect to disputes that involve the protection of the environment. However despite the deficiencies of the law, international courts and tribunals have issued judgements in disputes involving the protection of the environment. At the global level the International Court of Justice (ICJ), the Appellate Body of the World Trade Organization (WTO) and the Tribunal for the Law of the Sea (ITLOS) have handed down decisions in relevant cases. In addition other legal forums can also be called upon to decide cases involving international environmental law. Such forums include the Environmental Chamber of the ICJ and the Permanent Court of Arbitration (PCA) under its general facilities and under the Environmental Facility that it is planning to establish. Similarly, special bodies, such as the United Nations Compensation Commission (UNCC), may decide on cases. Moreover, regional forums such as the European Court of Human Rights (ECHR), the Inter-American Court of Human Rights and the Court of Justice of the European Community (ECJ) have ruled on cases involving international environmental law. Despite these developments, calls for the establishment of an international environmental court at the global level persist. Several arguments have been advanced to justify the establishment of an international environmental court, for example the very many pressing environmental problems that exist today and the need for a bench consisting of experts in international environmental law to consider theseproblems, the need for individuals and groups to have access to environmental justice at the international level, the need to enable international organizations to be parties to disputes related to the protection of the environment and the need for dispute settlement procedures that enable the common interest in the environment to be addressed. Arguments against the establishment of an international environmental court have been advanced as well. These arguments include the following: the proliferation of international courts and tribunals would result in the fragmentation of international law, existing courts and tribunals are, or can be, well equipped to consider cases involving environmental issues and disputes involving international environmental law also involve other aspects of international law. This publication explores the arguments for and against the establishment of an international environmental court, examining topics such as the definition of an international environmental dispute and the concomitant expertise required on the bench, fragmentation and its root causes, access to justice and the representation of community interests. The author argues that the establishment of an international environmental court is not the most desirable option and she suggests that it might be more fruitful if we consider developments in environmental law, as well as in other relevant areas of international law, from a different perspective, namely, that of administrative law and reassess the relationship between international and national law. Such an approach, she argues is warranted if, "inter alia," viable means for resolving environmental disputes that may arise are to be identified.

Author : Justine Bendel
Publisher : Edward Elgar Publishing
Page : 305 pages
File Size : 53,5 Mb
Release : 2023-06-01
Category : Law
ISBN : 9781789901337

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Litigating the Environment by Justine Bendel Pdf

Providing an insightful contribution to literature on the topic, this book scrutinises how international courts and tribunals may respond procedurally to an ever-growing list of environmental disputes. In a time of environmental crisis, it lays crucial groundwork for strengthening the application of international environmental law, a topic of increasing relevance for global civil society.

Author : Cathrin Zengerling
Publisher : Martinus Nijhoff Publishers
Page : 404 pages
File Size : 43,7 Mb
Release : 2013-08-22
Category : Law
ISBN : 9789004257313

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Greening International Jurisprudence by Cathrin Zengerling Pdf

Greening International Jurisprudence: Environmental NGOs before International Courts, Tribunals, and Compliance Committees examines how international judicial and quasi-judicial bodies enforce international environmental law, with particular consideration to the role of environmental NGOs. The analytical structure of the study is based on four aspects of discussion and research: the enforcement deficit in environmental law; global environmental governance and sustainable development; the proliferation of international judicial and quasi-judicial bodies; and deliberation and democratic global governance. Author Cathrin Zengerling analyses the institutional structure, as well as the environmental case law from a total of fourteen international courts, arbitral tribunals, and compliance committees with special focus on accessibility, comprehensiveness, and transparency. Underlying this analysis is the fundamental question of whether the respective body appropriately contributes to the realization of democratic governance for sustainable development. After presenting her core findings, the author provides concrete recommendations for future best practices and discusses the need for a new World Environment Court. Researchers, practitioners, and students of international environmental law will find an important, thought-provoking and timely new text in Greening International Jurisprudence: Environmental NGOs before International Courts, Tribunals, and Compliance Committees.

Author : Marie-Claire Cordonier Segger,Judge C.G. Weeramantry
Publisher : Routledge
Page : 884 pages
File Size : 49,8 Mb
Release : 2017-05-08
Category : Law
ISBN : 9781317669999

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Sustainable Development Principles in the Decisions of International Courts and Tribunals by Marie-Claire Cordonier Segger,Judge C.G. Weeramantry Pdf

The 2002 New Delhi Declaration of Principles of International Law relating to Sustainable Development set out seven principles on sustainable development, as agreed in treaties and soft-law instruments from before the 1992 Rio ‘Earth Summit’ UNCED, to the 2002 Johannesburg World Summit on Sustainable Development, to the 2012 Rio UNCSD. Recognition of the New Delhi principles is shaping the decisions of dispute settlement bodies with jurisdiction over many subjects: the environment, human rights, trade, investment, and crime, among others. This book explores the expanding international jurisprudence incorporating principles of international law on sustainable development. Through chapters by respected experts, the volume documents the application and interpretation of these principles, demonstrating how courts and tribunals are contributing to the world’s Sustainable Development Goals, by peacefully resolving disputes. It charts the evolution of these principles in international law from soft law standards towards recognition as customary law in certain instances, assessing key challenges to further judicial consideration of the principles, and discussing, for instance, how their relevance for compliance and disputes related to the 2015 Paris Agreement on climate change. The volume provides a unique contribution of great interest to law and policy-makers, judges, academics, students, civil society and practitioners concerned with sustainable development and the law, globally.

Author : Katalin Sulyok
Publisher : Cambridge University Press
Page : 431 pages
File Size : 49,5 Mb
Release : 2020-10-29
Category : Business & Economics
ISBN : 9781108489669

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Science and Judicial Reasoning by Katalin Sulyok Pdf

This pioneering study on environmental case-law examines how courts engage with science and reviews legitimate styles of judicial reasoning.

Author : Matthew Gillett
Publisher : Cambridge University Press
Page : 405 pages
File Size : 40,7 Mb
Release : 2022-05-19
Category : Law
ISBN : 9781009080408

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Prosecuting Environmental Harm before the International Criminal Court by Matthew Gillett Pdf

The threat of anthropocentric environmental harm grows more pressing each year. Around the world, human activities are devastating the natural environment and contributing to potentially irreversible climate change. This book explores the ways in which the International Criminal Court may effectively prosecute those who cause or contribute to serious environmental destruction. Written by an international lawyer who has prosecuted cases of war crimes, crimes against humanity, and genocide, it provides insights into the procedures, laws, and techniques capable of leading to convictions against those who harm the environment.

Author : Ceri Warnock
Publisher : Bloomsbury Publishing
Page : 221 pages
File Size : 42,7 Mb
Release : 2020-12-24
Category : Law
ISBN : 9781509940066

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Environmental Courts and Tribunals by Ceri Warnock Pdf

Specialist environment courts : mapping the landscape -- The struggle to make legal sense of specialist environment courts -- Developing the theory : adjudicative integrity -- Developing the theory : contextual foundations -- The interactional theory in practice.

Author : Cairo A. R. Robb
Publisher : Unknown
Page : 128 pages
File Size : 47,7 Mb
Release : 1999
Category : Environmental law
ISBN : LCCN:00551531

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International Environmental Law Reports: Human rights and environment by Cairo A. R. Robb Pdf

Author : Karen Lee
Publisher : Cambridge University Press
Page : 744 pages
File Size : 44,9 Mb
Release : 2007-07-12
Category : Law
ISBN : 0521659647

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International Environmental Law Reports: Volume 5, International Environmental Law in International Tribunals by Karen Lee Pdf

The fifth and final volume of the International Environmental Law Reports collects together eighteen decisions from international tribunals. As well as decisions of the International Court of Justice, the volume includes decisions from the International Tribunal for the Law of the Sea, various arbitral tribunals and the United Nations Compensation Commission. The comprehensive case summaries are also backed up by detailed cross references to original sources. Covering four decades of legal proceedings, this volume brings the 'classic' decisions up to date with the major modern decisions of international tribunals.

Author : Cairo A. R. Robb
Publisher : Unknown
Page : 128 pages
File Size : 41,7 Mb
Release : 1999
Category : Environmental law
ISBN : LCCN:00551531

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International Environmental Law Reports: Human rights and environment by Cairo A. R. Robb Pdf

Author : Philippe Sands,Jacqueline Peel
Publisher : Cambridge University Press
Page : 1038 pages
File Size : 51,9 Mb
Release : 2018-03-01
Category : Law
ISBN : 9781108372855

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Principles of International Environmental Law by Philippe Sands,Jacqueline Peel Pdf

This new and fully updated edition of Principles of International Environmental Law offers a comprehensive and critical account of one of the fastest growing areas of international law: the principles and rules relating to environmental protection. Introducing the reader to the key foundational principles, governance structures and regulatory techniques, Principles of International Environmental Law explores each of the major areas of international environmental regulation through substantive chapters, including climate change, atmospheric protection, oceans and freshwater, biodiversity, chemicals and waste regulation. The ever-increasing overlap with other areas of international law is also explored through examination of the inter-linkages between international environmental law and other areas of international regulation, such as trade, human rights, humanitarian law and investment law. Incorporating the latest developments in treaty and case law for key areas of environmental regulation, this text is an essential reference and textbook for advanced undergraduate and postgraduate students, academics and practitioners of international environmental law.

Author : Christina Voigt,Zen Makuch
Publisher : Edward Elgar Publishing
Page : 456 pages
File Size : 55,8 Mb
Release : 2020-06-15
Category : Environmental law
ISBN : 1800371004

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Courts and the Environment by Christina Voigt,Zen Makuch Pdf

This discerning book examines the challenges, opportunities and solutions for courts adjudicating on environmental cases. It offers a critical analysis of the practice and judgments of courts from various representative and influential jurisdictions. Through the analysis and comparison of court practices and case law across global domestic courts as varied as the National Green Tribunal in India, the Land and Environment Court in Australia, and the District Court of The Hague in the Netherlands, the expert contributors bring together a wealth of knowledge in order to enhance mutual learning and understanding towards an environmental rule of law. In doing so, they illustrate that courts play a vital role in the formation and crystallization of rulings and decisions to protect and conserve the environment. Ultimately, they prove that there are many lessons to be learnt from other legal systems in seeking to maintain and enhance the environmental rule of law. Contemporary and global in scope, Courts and the Environment is essential reading for scholars and students of environmental law, as well as judges, legal practitioners and policymakers interested in understanding the legal challenges to and the legal basis for protecting environmental values in courts. Contributors: A. Bengtsson, L. Butterly, O. Chornous, T. Daya-Winterbottom, Y.K. Dewi, G.E.K. Dzah, H.S. Ferreira, R. Guidone, D. Hodas, A. Jayadi, S. Jolly, H. Jonas, A. Kennedy, N. Kichigin, E. Lamprea, M.A. Leon Moreta, B Liu, Z. Makuch, P. Martin, R.L.M. Mendes, N.H.T. Nam, A.M. Páez, R. Pepper, B. Preston, N. Robinson, D.A. Serraglio, O. Spijkers, C. Voigt, Z. Zhang