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Environmental Courts And Tribunals
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Book Synopsis Environmental Justice in India by : Gitanjali Nain Gill
Download or read book Environmental Justice in India written by Gitanjali Nain Gill and published by Taylor & Francis. This book was released on 2016-11-10 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modern environmental regulation and its complex intersection with international law has led many jurisdictions to develop environmental courts or tribunals. Strikingly, the list of jurisdictions that have chosen to do this include numerous developing countries, including Bangladesh, Kenya and Malawi. Indeed, it seems that developing nations have taken the task of capacity-building in environmental law more seriously than many developed nations. Environmental Justice in India explores the genesis, operation and effectiveness of the Indian National Green Tribunal (NGT). The book has four key objectives. First, to examine the importance of access to justice in environmental matters promoting sustainability and good governance Second, to provide an analytical and critical account of the judicial structures that offer access to environmental justice in India. Third, to analyse the establishment, working practice and effectiveness of the NGT in advancing a distinctively Indian green jurisprudence. Finally, to present and review the success and external challenges faced and overcome by the NGT resulting in growing usage and public respect for the NGT’s commitment to environmental protection and the welfare of the most affected people. Providing an informative analysis of a growing judicial development in India, this book will be of great interest to students and scholars of environmental justice, environmental law, development studies and sustainable development.
Book Synopsis Courts and the Environment by : Christina Voigt
Download or read book Courts and the Environment written by Christina Voigt and published by Edward Elgar Publishing. This book was released on with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Environmental Courts and Tribunals by : Ceri Warnock
Download or read book Environmental Courts and Tribunals written by Ceri Warnock and published by Bloomsbury Publishing. This book was released on 2021-01-07 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Greening Justice by : George William Pring
Download or read book Greening Justice written by George William Pring and published by . This book was released on 2009 with total page 119 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This report lays out a decision-making framework for creating an ECT [environmental court and tribunal] that can be useful in different legal cultures and political situations. It provides the tools and support necessary to enhance access to environmental justice in countries around the world that, in turn, will advance the principles of environmental protection, sustainable development, and intergenerational equity through the institutions responsible for delivering environmental justice"--Introd.
Book Synopsis International Courts and Environmental Protection by : Tim Stephens
Download or read book International Courts and Environmental Protection written by Tim Stephens and published by Cambridge University Press. This book was released on 2009-02-12 with total page 459 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive examination of international environmental litigation which addresses the major environmental challenges of the twenty-first century.
Book Synopsis International Judicial Practice on the Environment by : Christina Voigt
Download or read book International Judicial Practice on the Environment written by Christina Voigt and published by Cambridge University Press. This book was released on 2019-04-18 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: Evaluates the fundamental legitimacy of judicial practice in the growing number of environmental cases heard before international courts.
Book Synopsis The Environment Through the Lens of International Courts and Tribunals by : Edgardo Sobenes
Download or read book The Environment Through the Lens of International Courts and Tribunals written by Edgardo Sobenes and published by Springer Nature. This book was released on 2022-06-01 with total page 754 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis An Environmental Court in Action by : Elizabeth Fisher
Download or read book An Environmental Court in Action written by Elizabeth Fisher and published by Bloomsbury Publishing. This book was released on 2022-07-28 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Greening International Jurisprudence by : Cathrin Zengerling
Download or read book Greening International Jurisprudence written by Cathrin Zengerling and published by Martinus Nijhoff Publishers. This book was released on 2013-08-22 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Reflections on an International Environmental Court by : Ellen Hey
Download or read book Reflections on an International Environmental Court written by Ellen Hey and published by Martinus Nijhoff Publishers. This book was released on 2000-10-10 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Prosecuting Environmental Harm before the International Criminal Court by : Matthew Gillett
Download or read book Prosecuting Environmental Harm before the International Criminal Court written by Matthew Gillett and published by Cambridge University Press. This book was released on 2022-05-19 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: A novel and ground-breaking analysis of the prosecution of environmental harm before the International Criminal Court, addressing both the substance and procedure.
Download or read book Green Benches written by Tun Lin and published by Asian Development Bank. This book was released on 2009-12-01 with total page 77 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rapid economic growth of the People's Republic of China (PRC) over the last 30 years has generated many environmental problems and a concomitant rise in the number of environmental disputes. Until 1989, legal cases arising from these disputes were usually heard in the people's courts of general jurisdiction. In that year, however, the development of the environment court system accelerated, leading to the creation of 11 such courts for pilot cases, a sign of the high priority the PRC has given to environmental protection over the past two decades. This publication examines the effectiveness of environment courts in the PRC and elsewhere, so that the lessons learned can be applied in the PRC and in other developing countries. It also recommends ways to promote environmental justice in the PRC, given that the 11 environment courts are no longer enough to handle the rapidly increasing caseload throughout the country.
Book Synopsis Judicial Handbook on Environmental Law by : Dinah Shelton
Download or read book Judicial Handbook on Environmental Law written by Dinah Shelton and published by UNEP/Earthprint. This book was released on 2005 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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.
Book Synopsis Science and Judicial Reasoning by : Katalin Sulyok
Download or read book Science and Judicial Reasoning written by Katalin Sulyok and published by Cambridge University Press. This book was released on 2020-10-29 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: This pioneering study on environmental case-law examines how courts engage with science and reviews legitimate styles of judicial reasoning.
Book Synopsis Sustainable Development Principles in the Decisions of International Courts and Tribunals by : Marie-Claire Cordonier Segger
Download or read book Sustainable Development Principles in the Decisions of International Courts and Tribunals written by Marie-Claire Cordonier Segger and published by Taylor & Francis. This book was released on 2017-05-08 with total page 884 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis General Principles and the Coherence of International Law by : Mads Andenas
Download or read book General Principles and the Coherence of International Law written by Mads Andenas and published by BRILL. This book was released on 2019-05-20 with total page 474 pages. Available in PDF, EPUB and Kindle. Book excerpt: General Principles and the Coherence of International Law offers a comprehensive analysis of general principles of law, assessing their role in guaranteeing the coherence of the international legal system.
Book Synopsis Litigating the Environment by : Justine Bendel
Download or read book Litigating the Environment written by Justine Bendel and published by Edward Elgar Publishing. This book was released on 2023-06-01 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
