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Environmental Courts and Tribunals: Powers, Integrity and the Search for Legitimacy

Environmental Courts and Tribunals: Powers, Integrity and the Search for Legitimacy

Author: Ceri Warnock
Publisher: Hart Publishing
ISBN: 9781509944163

Published In: June 2022
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781509940066

List Price: HKD 506.87

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Description
Contents

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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.

1. Introduction

I. The Rise in Specialist Environmental Adjudication

II. An Interactional Theory for Environmental Adjudication

III. The Method of Developing a Theory for Environmental Adjudication

IV. Certain Caveats

2. Specialist Environment Courts: Mapping the Landscape

I. Specialist Environment Courts: A Typology

II. Specialist Environment Courts as Dynamic Adjudicatory Forms

III. Introducing the Case Studies: The Environment Court of New Zealand and the Land and Environment Court of New South Wales

IV. Underlying Tensions

3. The Struggle to Make Legal Sense of Specialist Environment Courts

I. Normative Legitimacy and Analytical Frames