International Judicial Practice on the Environment

International Judicial Practice on the Environment
Author: Christina Voigt
Publisher: Cambridge University Press
Total Pages: 505
Release: 2019-04-18
Genre: Law
ISBN: 110875810X

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More and more environmental cases are being heard and decided by international courts and tribunals which lack special environmental competence. This situation raises fundamental questions of legitimacy of the environmental practice of international courts. This book addresses inter alia questions of who has legal standing to bring an environmental claim before an international court, on which legal norms is the case decided and whether judges have the necessary expertise to adjudicate environmental cases of often complex nature. It analyses which challenges international courts face, which possibilities they have and which advances international judicial practice has been able to make in protecting the environment. Through the prism of legitimacy important insights emerge as to whether international courts and tribunals are fit for addressing some of the most pressing global challenges of our time.

Science and Judicial Reasoning

Science and Judicial Reasoning
Author: Katalin Sulyok
Publisher: Cambridge University Press
Total Pages: 431
Release: 2020-10-29
Genre: Business & Economics
ISBN: 1108489664

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

Comparative and Global Environmental Law and Policy

Comparative and Global Environmental Law and Policy
Author: Tseming Yang
Publisher: Aspen Publishing
Total Pages: 1222
Release: 2019-09-13
Genre: Law
ISBN: 1543815189

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Written by leading scholars and experts with extensive practice and teaching experience in the field, Comparative and Global Environmental Law and Policy offers a student-friendly approach to the study of a rapidly evolving and important area of law. Its multi-jurisdictional selection of judicial opinions and legal materials introduces students to the worldwide reach of environmental law. Through its substance, the book familiarizes students not only with governing and emerging legal principles but also demonstrates how legal norms are applied to specific issues and contexts, illustrating how law-on-the-books becomes law-in-action. Student understanding is reinforced by problem exercises and discussion questions. Professors and students will benefit from: A multi-jurisdictional selection of environmental law cases and regulatory materials from across the world, with many cases from the developing world and emerging economies. Separate chapters on rapidly evolving and critical topics such as rights of nature, sustainability, corporations and private environmental governance, human rights and the environment, and climate change. Presentation of basic background principles of environmental law, institutions, and governance and their operation in international, national and subnational systems, including indigenous governance systems. Emphasis across the book on issues of institutions and governance as well as enforcement and effectiveness. Judicial opinions providing an authoritative articulation of how legal principles are applied in various systems. Numerous problem exercises and discussion questions to introduce topics and reinforce concepts and materials. Integrated perspective on the relationship of international and transnational environmental law, national environmental law, environmental norms and principles in other settings such as in private environmental governance, and governance institutions.

The Role of the Judiciary in Environmental Governance

The Role of the Judiciary in Environmental Governance
Author: Louis J. Kotzé
Publisher: Kluwer Law International B.V.
Total Pages: 642
Release: 2009-01-01
Genre: Law
ISBN: 9041127089

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This important book investigates the environmental legal frameworks, court structures and relevant jurisprudence of nineteen countries, representing legal systems and legal cultures from a diverse array of countries situated across the globe. In doing so, it distils comparative trends, new developments, and best practices in adjudication endeavours, highlighting the benefits and shortcomings of the judicial approach to environmental governance.

Judicial Handbook on Environmental Law

Judicial Handbook on Environmental Law
Author: Dinah Shelton
Publisher: UNEP/Earthprint
Total Pages: 160
Release: 2005
Genre: Law
ISBN: 9789280725551

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"This handbook is intended to enable national judges in all types of tribunals in both civil law and common law jurisdictions to identify environmental issues coming before them and to be aware of the range of options available to them in interpreting and applying the law. It seeks to provide judges with a practical guide to basic environmental issues that are likely to arise in litigation. It includes information on international and comparative environmental law and references to relevant cases."--P. iii.

Greening International Jurisprudence

Greening International Jurisprudence
Author: Cathrin Zengerling
Publisher: Martinus Nijhoff Publishers
Total Pages: 404
Release: 2013-08-22
Genre: Law
ISBN: 9004257314

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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.

Litigating the Environment

Litigating the Environment
Author: Justine Bendel
Publisher:
Total Pages: 0
Release: 2023-06-20
Genre: Environmental law, International
ISBN: 9781789901320

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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. Putting into perspective the practices of various international courts and tribunals, the author works within the constraints of the existing judicial framework to sharpen international environmental justice and governance. Bendel provides judges and litigators with tools that they can use when confronted with environmental disputes, to extract the best practices in the interest of improving environmental litigation for each phase of a judicial procedure. This state-of-the-art book will be an invaluable resource for academics and students of environmental law, dispute settlement and public international law. With its practical applications, international judges, litigators and governments will also benefit from the book.

Environmental Law Across Cultures

Environmental Law Across Cultures
Author: Kirk W. Junker
Publisher: Routledge
Total Pages: 194
Release: 2019-12-09
Genre: Law
ISBN: 0429673639

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This book provides a practical, functional comparison among various institutions, tools, implementation practices and norms in environmental law across legal cultures. This is a new approach that focuses on the act of comparison, looking at legal practice, from the ground up, including the perspective of citizens. Most literature on comparative environmental law either focuses on a two-way comparison of state jurisdictions or simply juxtaposes environmental features of two or more state jurisdictions without engaging in any analysis of the comparison. However, this book treats legal cultures as the objects of comparison as it provides practical comparisons among various institutions, tools and norms in environmental law. The arrangement and organisation of the material reverses the more traditional presentation of comparative environmental law as a series of countries within which separate descriptions are respectively presented. In this book the reader is presented with environmental legal themes, with examples and case studies drawn from various cultures that are compared in order to help understand the theme. Case studies draw on the authors’ experiences in a range of legal cultures, including in Australia, Brazil, China, Chile, Ethiopia, Germany, India, Nigeria, Slovakia, and the USA. The comparative nature of the book allows domestic professionals to develop skills to enable them to understand and advocate broader contexts for clients, and helps students become more aware of specific legal systems while questioning why their own system functions (or does not function) as it does. The book is aimed at advanced undergraduate and postgraduate students of environmental law as well as researchers and practitioners.

The Environment Through the Lens of International Courts and Tribunals

The Environment Through the Lens of International Courts and Tribunals
Author: Edgardo Sobenes
Publisher: Springer Nature
Total Pages: 754
Release: 2022-06-01
Genre: Law
ISBN: 9462655073

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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.

Courts and the Environment

Courts and the Environment
Author: Christina Voigt
Publisher: Edward Elgar Publishing
Total Pages: 456
Release:
Genre:
ISBN: 1788114671

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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.