International Courts And Environmental Protection
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International Courts And Environmental Protection
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Author : Tim Stephens
language : en
Publisher: Cambridge University Press
Release Date : 2009-02-12
International Courts And Environmental Protection written by Tim Stephens 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 2009-02-12 with Law categories.
A comprehensive examination of international environmental litigation which addresses the major environmental challenges of the twenty-first century.
International Courts And Environmental Protection
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Author : Tim Stephens (Law teacher)
language : en
Publisher:
Release Date : 2014-05-14
International Courts And Environmental Protection written by Tim Stephens (Law teacher) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-05-14 with Law categories.
A comprehensive examination of international environmental litigation which addresses the major environmental challenges of the twenty-first century.
The Environment Through The Lens Of International Courts And Tribunals
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Author : Edgardo Sobenes
language : en
Publisher: Springer Nature
Release Date : 2022-06-01
The Environment Through The Lens Of International Courts And Tribunals written by Edgardo Sobenes and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-06-01 with Law categories.
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.
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.
Reflections On An International Environmental Court
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Author : Ellen Hey
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2000-10-10
Reflections On An International Environmental Court written by Ellen Hey 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 2000-10-10 with Law categories.
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.
International Judicial Control Of Environmental Protection
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Author : Yasuhiro Shigeta
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2010-01-01
International Judicial Control Of Environmental Protection written by Yasuhiro Shigeta 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 2010-01-01 with Law categories.
It is widely understood today that nothing is more urgently needed than international agreement on the scale, application, and enforcement of environmental law. This outstanding book - a major contribution to the debate - demonstrates that existing international judicial bodies have already taken giant steps toward overcoming the insufficiency of international law enforcement with standards, compliance mechanisms, and new law development in the field of environmental law. The author not only presents a detailed analysis of a wealth of relevant case law, but also outlines a model suggesting that a commitment to international judicial control can be used to contain deviance within acceptable limits, ensure harmonized interaction among regimes, and clarify the meaning and application of environmental norms.
Sustainable Development Principles In The Decisions Of International Courts And Tribunals
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Author : Marie-Claire Cordonier Segger
language : en
Publisher: Routledge
Release Date : 2017-05-08
Sustainable Development Principles In The Decisions Of International Courts And Tribunals written by Marie-Claire Cordonier Segger and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-05-08 with Law categories.
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.
Global Environmental Governance
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Author : Amedeo Postiglione
language : en
Publisher: Emile Bruylant
Release Date : 2010
Global Environmental Governance written by Amedeo Postiglione and has been published by Emile Bruylant this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Environmental law categories.
"ICEF (International Court of the Environment Foundation)."--T.p.
Defending The Environment
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Author : Linda Malone
language : en
Publisher: Island Press
Release Date : 2012-08-09
Defending The Environment written by Linda Malone and has been published by Island Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-08-09 with Law categories.
Defending the Environment provides the means for nongovernmental organizations, community groups, and individuals to bring environmental and public health problems to the attention of international courts, tribunals, and commissions, or to their domestic counterparts. It suggests specific strategies and provides detailed information for taking action. This revised and updated edition also contains new case studies of the application of those strategies that has occurred in recyears. Each chapter provides a description of the institutional mechanisms that can potentially receive, review, and remedy the alleged violation, along with a set of guidelines that explain how the reader can employ a particular strategy, and an example that indicates the effectiveness of a given strategy. In addition, the book offers an appendix that lists individuals and organizations who can assist with the various strategies described. Defending the Environment represents the first concise, comprehensive guide to international environmental law and institutions that offers readers hands-on strategies for addressing environmental and public health problems.
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.