International Judicial Practice on the Environment

Name: International Judicial Practice on the Environment | Questions of Legitimacy
Brand: Cambridge University Press
Price: 100.99 EUR
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Questions of Legitimacy

Christina Voigt(Herausgeber*in)

Cambridge University Press

Erschienen am 10. April 2019

506 Seiten

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Beschreibung

More and more environmental cases are being heard and decided by international courts and tribunals which lack special environmental competence. This situation raises fundamental questions of legitimacy of the environmental practice of international courts. This book addresses inter alia questions of who has legal standing to bring an environmental claim before an international court, on which legal norms is the case decided and whether judges have the necessary expertise to adjudicate environmental cases of often complex nature. It analyses which challenges international courts face, which possibilities they have and which advances international judicial practice has been able to make in protecting the environment. Through the prism of legitimacy important insights emerge as to whether international courts and tribunals are fit for addressing some of the most pressing global challenges of our time.

Rezensionen / Stimmen

'This insightful book explores the judicial turn in international environmental law through the lens of legitimacy, with an impressive group of scholars examining how international litigation is contributing, in a mostly positive way, to the norms and processes of global environmental governance. For scholars, practitioners, and judges, the book provides an indispensable and up-to-date account of environmental litigation in contemporary international law.' Tim Stephens, University of Sydney 'The surge in international environmental adjudication that some foresaw a quarter of a century ago, on the eve of the Rio Conference on Environment and Development, has now become a widespread phenomenon, and one that is particularly challenging to keep abreast with, even for specialists. This volume presents the state of the art in international environmental adjudication, providing detailed treatment of the main developments from the analytical prism of 'legitimacy', with its many faces. It is a significant contribution to knowledge and a necessary addition to the library of both international and environmental lawyers.' Jorge E. Vinuales, Harold Samuel Professor of Law and Environmental Policy, University of Cambridge 'The concept of legitimacy is both complex and contested, but the editor does an admirable job in the introduction of explaining why this analytical framework was chosen and what it means in the context of the settlement of environmental disputes by international courts and tribunals ... This volume brings together a rich tapestry of practice from various international courts and tribunals ...' James Harrison, Review of European, Comparative and International Environmental Law

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Introduction: international courts and the environment: the quest for legitimacy Christina Voigt; Part I. Procedural Legitimacy of Judicial Environmental Practice: Access to Justice: 1. The environment before the European Court of Justice Ludwig Kraemer; 2. The EU Aarhus Regulation and EU administrative acts based on the Aarhus regulation - the withdrawal of the CJEU from the Aarhus Convention Katja Rath; 3. Access to justice before EU courts in environmental cases against the backdrop of the Aarhus Convention: balancing between pathological stubbornness and cognitive dissonance? Hendrik Schoukens; Part II. Legitimacy and Scientific Certainty - Environmental Adjudication, Use of Experts and the Limits of Science: 4. Scientific uncertainties: a nightmare for environmental adjudicators Tracey Kanhanga; 5. Ignorance, uncertainty and biodiversity: decision making by the court of justice of the European Union Volker Mauerhofer; Part III. Judges as Law-Makers: Legitimate Development of Environmental Law: 6. Sustainable development before international courts and tribunals: duty to cooperate and states? good faith Kazuki Hagiwara; 7. New legal avenues to support a transboundary harm claim on the basis of climate change Kurt Winter; 8. The Court of Justice of the European Union and the high level of environmental protection - transforming a policy objective into a concept amenable to judicial review Delphine Misonne; Part IV. Legitimacy of Outcomes: Performance, Effects (and Side-effects): 9. When environmental protection and human rights collide: four heuristics of conflict resolution Marie-Catherine Petersmann; 10. Silent implications of US-Tuna II: greening market behaviour through the WTO Cristiane Derani and Arthur Rodrigues Dalmarco; 11. Adjudication of environmental impact assessment claims before international courts and tribunals Andrew B. Loewenstein; 12. Litigation as a climate regulatory tool Jacqueline Peel and Hari Osofsky; Part V. The Legitimacy of Non-Compliance Procedures: 13. Administrative procedures and rule of law values in the Montreal compliance system Anna Huggins; 14. Legitimacy questions of non-compliance procedures: examples from the Kyoto and Montreal Protocol Zerin Savasan; Part VI. The Limits of Environmental Justice through Courts: Balancing Legitimacy with the Need for Creativity: 15. Environmental Ombudsman: its role in the system of accountability mechanisms for administrative environmental decision making Mahito Shindo; 16. The role of NGOs in monitoring compliance under the World Heritage Convention: options for an improved tripartite regime Evan Hamman; 17. Beyond litigation: the need for creativity in working to realize environmental rights Lisa Chamberlain.

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