Reflections On An International Environmental Court
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Author |
: Ellen Hey |
Publisher |
: Martinus Nijhoff Publishers |
Total Pages |
: 40 |
Release |
: 2000-10-10 |
ISBN-10 |
: 9041114963 |
ISBN-13 |
: 9789041114969 |
Rating |
: 4/5 (63 Downloads) |
Synopsis Reflections on an International Environmental Court by : Ellen Hey
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 |
: Jutta Brunnée |
Publisher |
: BRILL |
Total Pages |
: 240 |
Release |
: 2021-02-22 |
ISBN-10 |
: 9789004444386 |
ISBN-13 |
: 9004444386 |
Rating |
: 4/5 (86 Downloads) |
Synopsis Procedure and Substance in International Environmental Law by : Jutta Brunnée
The interplay between procedure and substance has not been a major point of contention for international environmental lawyers. Arguably, the topic’s low profile is due to the mostly uncontroversial nature of the field’s distinction between procedural and substantive obligations. Furthermore, the vast majority of environmental law scholars and practitioners have tended to welcome the procedural features of multilateral environmental agreements and their potential to promote regime evolution and effectiveness. However, recent developments have served to put the spotlight on certain aspects of the procedure substance topic. ICJ judgments revealed ambiguity on aspects of the customary law framework on transboundary harm prevention that the field had thought largely settled. In turn, in the treaty context, the Paris Agreement’s retreat from binding emissions targets and its decisive turn towards procedure reignited concerns in some quarters over the “proceduralization” of international environmental law. The two developments invite a closer look at the respective roles of, and the relationship between, procedure and substance in this field and, more specifically, in the context of harm prevention under customary and treaty law.
Author |
: Stuart Bruce |
Publisher |
: |
Total Pages |
: 36 |
Release |
: 2018 |
ISBN-10 |
: OCLC:1304453600 |
ISBN-13 |
: |
Rating |
: 4/5 (00 Downloads) |
Synopsis The Project for an International Environmental Court by : Stuart Bruce
Intellectual and political support to establish a specialised International Tribunal for the Environment or an International Court for the Environment has ebbed and flowed since its first conception in the late 1980s, and appears to be increasing hesitantly again, buoyed by scientific consensus of anthropocentric climate change and the risks to humanity from environmental harm. Even if the project for an international environmental tribunal or court ultimately succeeds, which will depend on the values of society, national and political self-interest and the influence of decision-makers, its realisation will be a long-term endeavour. This chapter considers the case and options for creating such institutions. It invites reflection on the adequacy of existing international institutions and structures to address modern disputes impacting the environment and contemplates how a new, carefully designed, specialised adjudicative body for the environment might function within, and complement, the global dispute settlement system.
Author |
: Emily Webster |
Publisher |
: Routledge |
Total Pages |
: 375 |
Release |
: 2021-03-30 |
ISBN-10 |
: 9781000373004 |
ISBN-13 |
: 1000373002 |
Rating |
: 4/5 (04 Downloads) |
Synopsis Transnational Environmental Law in the Anthropocene by : Emily Webster
Anthropocene is the proposed name for the new geological epoch in which humans have overwhelming impact on planetary processes. This edited volume invites reflection on the meaning and role of law in light of changing planetary realties. Taking the concept of the Anthropocene as a starting point, the contributions to this book address emerging legal issues from a transnational environmental law perspective. How law interacts with, and how law governs, global environmental problems is a challenge that legal scholars have approached with vigour over the last decade. More recently, the concept of the Anthropocene has become a topic that researchers have also begun to grapple with by engaging with disciplines beyond legal scholarship. One avenue of research that has emerged to address global environmental problems is transnational environmental law. Adopting ‘transnational law’ as a lens or framework through which to analyse environmental law takes a broader approach to the ways in which law may be assessed and deployed to meet planetary challenges. The chapters within this book provide a timely intervention into the theoretical and practical approaches of transnational environmental law in a time of significant uncertainty and environmental and human crises. The chapters in this book were originally published as a special issue of Transnational Legal Theory.
Author |
: Anastasia Telesetsky |
Publisher |
: Routledge |
Total Pages |
: 328 |
Release |
: 2016-12-01 |
ISBN-10 |
: 9781317633662 |
ISBN-13 |
: 1317633660 |
Rating |
: 4/5 (62 Downloads) |
Synopsis Ecological Restoration in International Environmental Law by : Anastasia Telesetsky
Human activities are depleting ecosystems at an unprecedented rate. In spite of nature conservation efforts worldwide, many ecosystems including those critical for human well-being have been damaged or destroyed. States and citizens need a new vision of how humans can reconnect with the natural environment. With its focus on the long-term holistic recovery of ecosystems, ecological restoration has received increasing attention in the past decade from both scientists and policymakers. Research on the implications of ecological restoration for the law and law for ecological restoration has been largely overlooked. This is the first published book to examine comprehensively the relationship between international environmental law and ecological restoration. While international environmental law (IEL) has developed significantly as a discipline over the past four decades, this book enquires whether IEL can now assist states in making a strategic transition from not just protecting and maintaining the natural environment but also actively restoring it. Arguing that states have international duties to restore, this book offers reflections on the philosophical context of ecological restoration and the legal content of a duty to restore from an international law, European Union law and national law perspective. The book concludes with a discussion of several contemporary themes of interest to both lawyers and ecologists including the role of private actors, protected areas and climate change in ecological restoration.
Author |
: Ceri Warnock |
Publisher |
: Bloomsbury Publishing |
Total Pages |
: 221 |
Release |
: 2021-01-07 |
ISBN-10 |
: 9781509940080 |
ISBN-13 |
: 1509940081 |
Rating |
: 4/5 (80 Downloads) |
Synopsis Environmental Courts and Tribunals by : Ceri Warnock
The global phenomenon of the establishment of specialist courts is one of the most important recent developments in environmental law. Although they are generally seen as a much needed innovation, they do pose challenges, particularly around questions of legitimacy. This important book tackles these questions directly, looking specifically at the courts in the common law world. It argues that to fully understand the nature of the adjudication of these courts, a bottom-up approach must be taken: ie the question before the court is determinative. Despite its theoretical focus, the book will also provide invaluable insights to practitioners engaging with these new courts for the first time. An innovative study on a seismic change in how environmental law is adjudicated.
Author |
: Daniel Bodansky |
Publisher |
: Oxford University Press |
Total Pages |
: 417 |
Release |
: 2017 |
ISBN-10 |
: 9780199664290 |
ISBN-13 |
: 0199664293 |
Rating |
: 4/5 (90 Downloads) |
Synopsis International Climate Change Law by : Daniel Bodansky
A perfect introduction to climate change law, this textbook offers students and scholars an overview of the international law governing this fundamental issue. It demonstrates how to interpret the language used in the applicable instruments and conventions, and sets climate change law in its broader international legal context.
Author |
: Tim Stephens |
Publisher |
: Cambridge University Press |
Total Pages |
: 459 |
Release |
: 2009-02-12 |
ISBN-10 |
: 9780521881227 |
ISBN-13 |
: 0521881226 |
Rating |
: 4/5 (27 Downloads) |
Synopsis International Courts and Environmental Protection by : Tim Stephens
A comprehensive examination of international environmental litigation which addresses the major environmental challenges of the twenty-first century.
Author |
: Neil Craik |
Publisher |
: Cambridge University Press |
Total Pages |
: 371 |
Release |
: 2018-06-28 |
ISBN-10 |
: 9781108530316 |
ISBN-13 |
: 1108530311 |
Rating |
: 4/5 (16 Downloads) |
Synopsis Global Environmental Change and Innovation in International Law by : Neil Craik
The challenges to global order posed by rapid environmental change are increasingly recognized as defining features of our time. In this groundbreaking work, the concept of innovation is deployed to explore normative and institutional responses in international law to such environmental change by addressing two fundamental themes: first, whether law can foresee, prevent, and adapt to environmental transformations; and second, whether international legal responses to social, economic, and technological innovation can appropriately reflect the evolving needs of contemporary societies at national and international scales. Using a range of case studies, the contributions to this collection track innovation - descriptively, normatively, and as a process in and of itself - to explain international environmental law's functionality in the Anthropocene. This book should be read by anyone interested in the critical intersection of environmental and international law.
Author |
: Katalin Sulyok |
Publisher |
: Cambridge University Press |
Total Pages |
: 431 |
Release |
: 2020-10-29 |
ISBN-10 |
: 9781108809146 |
ISBN-13 |
: 1108809146 |
Rating |
: 4/5 (46 Downloads) |
Synopsis Science and Judicial Reasoning by : Katalin Sulyok
Science, which inevitably underlies environmental disputes, poses significant challenges for the scientifically untrained judges who decide such cases. In addition to disrupting ordinary fact-finding and causal inquiry, science can impact the framing of disputes and the standard of review. Judges must therefore adopt various tools to adjust the level of science allowed to enter their deliberations, which may fundamentally impact the legitimacy of their reasoning. While neglecting or replacing scientific authority can erode the convincing nature of judicial reasoning, the same authority, when treated properly, may lend persuasive force to adjudicatory findings, and buttress the legitimacy of judgments. In this work, Katalin Sulyok surveys the environmental case law of seven major jurisdictions and analyzes framing techniques, evidentiary procedures, causal inquiries and standards of review, offering valuable insight into how judges justify their choices between rival scientific claims in a convincing and legitimate manner.