Environmental Law Before The Courts


Environmental Law Before The Courts
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Environmental Law Before The Courts


Environmental Law Before The Courts
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Author : Giovanni Antonelli
language : en
Publisher: Springer Nature
Release Date : 2023-12-01

Environmental Law Before The Courts written by Giovanni Antonelli and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-12-01 with Law categories.


This book sheds light on the latest trends in environmental law by analyzing some of the main sectors of law, including administrative law, constitutional law, EU law, US Law, and human rights law. It explores the evolution of these sectors before courts and tribunals from a US-EU perspective and from the perspectives of some of the foremost academics and justices from the major jurisdictions. Supranational and national courts, both in Europe and in the US, have delivered significant environmental judgements in recent years. The corresponding case law reflects how, in many jurisdictions, environmental and climate litigation continues to expand exponentially as a tool to strengthen environmental protection, whether by pushing national governments to be more ambitious or by enforcing existing statutes and regulations. Courts, particularly after the Paris Agreement, are increasingly seeking their own role as an important player in multilevel environmental governance. Courts in both the US and EU are at the forefront of this process and their role in shaping environmental rule of law will be fundamental in the near future.



Judicial Handbook On Environmental Law


Judicial Handbook On Environmental Law
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Author : Dinah Shelton
language : en
Publisher: UNEP/Earthprint
Release Date : 2005

Judicial Handbook On Environmental Law written by Dinah Shelton and has been published by UNEP/Earthprint this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Political Science categories.


"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.



The Role Of The Judiciary In Environmental Governance


The Role Of The Judiciary In Environmental Governance
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Author : Louis J. Kotzé
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2009-01-01

The Role Of The Judiciary In Environmental Governance written by Louis J. Kotzé and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-01 with Law categories.


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.



Courts And The Environment


Courts And The Environment
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Author : Christina Voigt
language : en
Publisher: Edward Elgar Publishing
Release Date :

Courts And The Environment written by Christina Voigt and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on with categories.


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.



Greening International Jurisprudence


Greening International Jurisprudence
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Author : Cathrin Zengerling
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2013-08-22

Greening International Jurisprudence written by Cathrin Zengerling and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-08-22 with Law categories.


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
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Author : Justine Bendel
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-06-01

Litigating The Environment written by Justine Bendel and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-06-01 with Law categories.


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.



Environmental Courts And Tribunals


Environmental Courts And Tribunals
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Author : Ceri Warnock
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-01-07

Environmental Courts And Tribunals written by Ceri Warnock and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-07 with Law categories.


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.



The Making Of Environmental Law


The Making Of Environmental Law
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Author : Richard J. Lazarus
language : en
Publisher: University of Chicago Press
Release Date : 2008-09-15

The Making Of Environmental Law written by Richard J. Lazarus and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-09-15 with Law categories.


The unprecedented expansion in environmental regulation over the past thirty years—at all levels of government—signifies a transformation of our nation's laws that is both palpable and encouraging. Environmental laws now affect almost everything we do, from the cars we drive and the places we live to the air we breathe and the water we drink. But while enormous strides have been made since the 1970s, gaps in the coverage, implementation, and enforcement of the existing laws still leave much work to be done. In The Making of Environmental Law, Richard J. Lazarus offers a new interpretation of the past three decades of this area of the law, examining the legal, political, cultural, and scientific factors that have shaped—and sometimes hindered—the creation of pollution controls and natural resource management laws. He argues that in the future, environmental law must forge a more nuanced understanding of the uncertainties and trade-offs, as well as the better-organized political opposition that currently dominates the federal government. Lazarus is especially well equipped to tell this story, given his active involvement in many of the most significant moments in the history of environmental law as a litigator for the Justice Department's Environment and Natural Resources Division, an assistant to the Solicitor General, and a member of advisory boards of the U.S. Environmental Protection Agency, the World Wildlife Fund, and the Environmental Defense Fund. Ranging widely in his analysis, Lazarus not only explains why modern environmental law emerged when it did and how it has evolved, but also points to the ambiguities in our current situation. As the field of environmental law "grays" with middle age, Lazarus's discussions of its history, the lessons learned from past legal reforms, and the challenges facing future lawmakers are both timely and invigorating.



An Environmental Court In Action


An Environmental Court In Action
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Author : Elizabeth Fisher
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-07-28

An Environmental Court In Action written by Elizabeth Fisher and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-07-28 with Law categories.


This book provides a critical assessment of the New South Wales Land and Environmental Court (NSWLEC). Effective adjudication has become a key consideration for environmental lawyers. One of the most important questions is whether environmental law frameworks need their own courts, with the conclusion being: yes they do. Here, a pioneer of such a court, the NSWLEC is forensically examined to see what it might teach other such courts. Showing a court 'in action' it suggests models that practitioners and policy makers might follow. It also speaks to the environmental law scholars, setting out a conceptual framework for studying such courts as legal institutions. This multi-faceted collection is invaluable to scholars and practitioners alike.



International Judicial Practice On The Environment


International Judicial Practice On The Environment
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Author : Christina Voigt
language : en
Publisher: Cambridge University Press
Release Date : 2019-04-18

International Judicial Practice On The Environment written by Christina Voigt and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-04-18 with Law categories.


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