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International Judicial Practice on the Environment: Questions of Legitimacy

International Judicial Practice on the Environment: Questions of Legitimacy

Author: Christina Voigt
Publisher: Cambridge University Press
ISBN: 9781108497176
Published In: April 2019
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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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.

Analyses and compares the judicial practice of environmental cases brought to different international adjudicative bodies which lack specialisation in environmental law
Focusses on the issue of legitimacy and whether international courts and tribunals are fit for addressing some of the most pressing global challenges of our time
Examines recent environmental cases decided by international courts and looks at judicial practice in terms of trends, challenges, possibilities and outcomes

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 Kramer

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 Scientifi

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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