An Environmental Court in Action: Function, Doctrine and Process

Environmental / Energy Law

An Environmental Court in Action: Function, Doctrine and Process

Edited by Elizabeth C. Fisher · Brian Preston
Hart Publishing July 2022

Specifications

ISBN-13
9781509941032
Publisher
Hart Publishing
Publication
July 2022
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

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.

Table of Contents

1. The Many Facets of a Cutting-Edge Court: A Study of the Land and Environment Court of New South Wales
The Hon Justice Brian J Preston (Chief Judge of the Land and Environment Court of New South Wales, Australia)
PART I. FUNCTION
2. From Reactive to Proactive Decision-Making by the Land and Environment Court of New South Wales
Douglas Fisher (Queensland University of Technology, Australia)
3. The Place of the Land and Environment Court in the Planning System of New South Wales
Leslie Stein (University of Sydney, Australia)
4. The Land and Environment Court of New South Wales and the Transnationalisation of Climate Law: The Case of Gloucester Resources v Minister for Planning
Jacqueline Peel (University of Melbourne, Australia)
5. Transnational Dimensions of the Land and Environment Court of New South Wales
Ben Boer (University of Sydney, Australia)
6. The International Outreach of the Land and Environment Court of New South Wales: Diffusion in India
Gitanjali Nain Gill (Northumbria University, UK)
PART II. DOCTRINE
7. Biodiversity and the Land and Environment Court of New South Wales
Paul Adam (University of New South Wales, Australia)
8. Environmental Principles and the Construction of a New Body of Legal Reasoning
Eloise Scotford (University College London, UK)
9. The Land and Environment Court of New South Wales and the Recognition of Indigenous Peoples' Environmental Rights
Megan Davis (Indigenous Law Centre, and UNSW, Australia)
10. The Administrative Law Expertise of the Land and Environment Court of New South Wales
Elizabeth Fisher (University of Oxford, UK)
11. Ecocentrism and Criminal Proceedings for Offences against Environmental Laws
Rob White (University of Tasmania)
PART III. PROCESS
12. You Can Only Keep Something by Giving it Away
Tim Bonyhady (Australian National University)
13. 'Please Come In': Access to Justice and the Development of Jurisprudence in the Land and Environment Court of New South Wales
Jeff Smith (Australian centre for Climate and Environmental Law and Sue Higginson (an environmental lawyer in Australia)
14. Alternative Dispute Resolution in the Land and Environment Court of New South Wales
Mary Walker OAM (International Bar Association Mediation Committee)
15. The Land and Environment Court of New South Wales: Normative Legitimacy and Adjudicative Integrity
Ceri Warnock (University of Otago, New Zealand)
CONCLUSION
16. Afterword: Law in Unexpected Places
Elizabeth Fisher (University of Oxford, UK)
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