The Functions Of International Adjudication And International Environmental Litigation
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The Functions Of International Adjudication And International Environmental Litigation
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Author : Joshua Paine
language : en
Publisher: Cambridge University Press
Release Date : 2024-05-30
The Functions Of International Adjudication And International Environmental Litigation written by Joshua Paine 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 2024-05-30 with Law categories.
Uses the focus of environmental disputes to develop a novel comparative analysis of the functions of international courts and tribunals.
Science And Judicial Reasoning
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Author : Katalin Sulyok
language : en
Publisher: Cambridge University Press
Release Date : 2020-10-29
Science And Judicial Reasoning written by Katalin Sulyok 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 2020-10-29 with Business & Economics categories.
This pioneering study on environmental case-law examines how courts engage with science and reviews legitimate styles of judicial reasoning.
Compensation For Environmental Damages Under International Law
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Author : Tarcísio Hardman Reis
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2011-01-01
Compensation For Environmental Damages Under International Law written by Tarcísio Hardman Reis 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 2011-01-01 with Law categories.
At present there is no clear model under international law with which to determine compensation for environmental damage. After showing that no existing standard of compensation defined by the theory and practice of international law is adequate to cover all cases involving environmental damages - and that such a broad standard or set of standards may in fact be ultimately unachievable - the author of this important book develops a 'fair compensation' regime from an analysis of existing international dispute adjudication mechanisms, and presents this model as the best possible current approach to the conciliation of international responsibility and environmental interests.
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.
Procedure And Substance In International Environmental Law
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Author : Jutta Brunnée
language : en
Publisher: BRILL
Release Date : 2021-02-22
Procedure And Substance In International Environmental Law written by Jutta Brunnée and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-22 with Law categories.
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.
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.
International environmental law has come of age, yet the global environment continues to deteriorate. The challenge of the twenty-first century is to reverse this process by ensuring that governments comply fully with their obligations, and progressively assume stricter duties to preserve the environment. This book is the first comprehensive examination of international environmental litigation. Analysing the spectrum of adjudicative bodies that are engaged in the resolution of environmental disputes, it offers a reappraisal of their relevance in contemporary contexts. The book critiques the contribution that arbitral awards and judicial decisions have made to the development of environmental law, and considers the looming challenges for international litigation. With its unique combination of scholarly analysis and practical discussion, this work is especially relevant to an era in which environmental matters are increasingly being brought before international jurisdictions, and will be of great interest to students and scholars engaged with this vital field.
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.
The Peaceful Settlement Of International Environmental Disputes A Pragmatic Approach
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Author : Cesare Romano
language : en
Publisher: Springer
Release Date : 2000-10-20
The Peaceful Settlement Of International Environmental Disputes A Pragmatic Approach written by Cesare Romano and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-10-20 with Law categories.
Over the last two decades, environmental problems have been increasingly identified as potential sources of international instability or even direct threats to international peace and security. This phenomenon has been reflected in the growing proportion of multilateral environmental treaties which include dispute settlement clauses. At the same time, and increasingly since the beginning of the 1990s, international adjudication is going through a renaissance as more and more cases are submitted to an expanding number of international judicial fora. This unique study takes a pragmatic approach to determine under which conditions international adjudication, as currently structured, can effectively tackle the challenge of environmental degradation and the ensuing international disputes. It illustrates how multilateral environmental treaties have provided for the settlement of disputes that may arise from their implementation, with special attention given to so-called non-compliance procedures. Ten environmental disputes which have been the subject of international adjudication are examined in detail, explaining the origins of the dispute, how and why the case was brought before that particular jurisdiction, the proceedings, the judgement, and the aftermath of the case. To assess the effectiveness of adjudicative means, famous cases are revisited, including the Bering Sea Fur Seals, Trail Smelter, Lake Lanoux, Nauru Phosphates, Nuclear Tests, Danube, Meuse River, and Southern Bluefin Tuna cases, and the impact the judgements had on the original environmental problems examined.
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.
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.