Courts and the Environment

Author: Christina Voigt; Zen Makuch
Publisher: Edward Elgar Publishing
ISBN: 9781788114660

Published In: December 2018
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781800371002

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Description
Contents

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This discerning book examines the challenges, opportunities and solutions for courts adjudicating on environmental cases, as well as offering a critical analysis of the judgments themselves, situated in the prevailing legislation and case law of 15 representative and influential jurisdictions.

Through the analysis and comparison of court practices and case law across global domestic courts as varied as the Green Tribunal in India, the Land and Environment Court in Australia, and The Hague District Court in the Netherlands, the expert contributors bring together a wealth of knowledge in order to enhance mutual learning and understanding towards an environmental rule of law. In doing so, they illustrate that courts play a vital role in the formation and crystallization of rulings and decisions to protect and preserve the environment. Ultimately, they prove that there are many lessons to be learnt from other legal systems in seeking to maintain and enhance the environmental rule of law.

Contemporary and global in scope, Courts and the Environment is essential reading for scholars and students of environmental law, as well as judges, legal practitioners and policymakers interested in understanding the legal challenges to and the legal basis for protecting environmental values in courts.

Part I Conceptualizing the Role of Courts in Protecting the Environment

1. The Nature of Courts

Nicholas Robinson

2. Bridging the Gap Between Aspiration and Outcomes: The role of the Court in ensuring Ecologically Sustainable Development

Brian Preston, Paul Martin and Amanda Kennedy

3. The Legitimate Role of Rights-Based Approaches to Environmental Conflict Resolution

Trevor Daya-Winterbottom

Part II Taking the Lead: The Court as Trailblazer for Environmental Protection

4. Ghana’s Courts and Environmental Rule of Law

Godwin E. K. Dzah

5. Activities of the Brazilian Judiciary Aimed at Combating Global Warming in the Amazon and Cerrado Biomes

Heline Sivini Ferreira, Diogo Andreola Serraglio and Rullyan Levi Maganhati Mendes

6. Procedural and Substantive Innovations Propounded by the Indian Judiciary in Balancing the Protection of Environment and Development: A Legal Analysis

Stellina Jolly and Zen Makuch

Part III Access to Justice for the Environment

7. Inviting Civil Society to the Table: The Case of the African Commission

Nora Ho Tu Nam

8. Collective Environmental Litigation in Colombia: An Empirical Assessment

Everaldo Lamprea and Angela M. Páez

9. Are Courts Colour Blind to Country? Indigenous Cultural Heritage, Environmental Law and the Australian Judicial System

Lauren Butterly and Rachel Pepper

10. What Chinese Courts Could Learn From the U.S.A.: The Approach of Public Interest Litigation Under the New China Environmental Protection Law

Zhuoxian Zhang

11. Protection of Environmental Rights of Citizens in the Courts of Kazakhstan, Russia and Ukraine

Oleksandra Chornous and Nicolay Kichigin

Part IV Courts in Action

12. The Challenge of Bringing Transnational Corporations to Justice for Environmental Damage: A Case Study of Texaco Oil Company and Chevron vs Lago Agrio Plaintiffs

María Augusta León Moreta and Gloria Bingyu Liu

13. Enhancing Corporate Responsibilities to Fulfill the Right to a Clean Environment: Lessons Learned from Indonesian Courts

Yetty Komalasari Dewi and Anbar Jayadi

14. The Urgenda case: A Successful Example of Public Interest Litigation for the Protection of the Environment?

Otto Spijkers

15. U.S.A. Climate Change Adjudication: The Epic Journey from a Petition for Rulemaking to National Greenhouse Gas Regulation

David Hodas

16. A Review of Environmental Courts and Tribunals for Civil Society Organisations and the Judiciary

Ria Guidone and Holly Jonas

17. Swedish Environmental Courts – Specialized Civil and Administrative Courts

Anders Bengtsson

Index