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The Environment Through the Lens of International Courts and Tribunals

The Environment Through the Lens of International Courts and Tribunals

Author: Edgardo Sobenes; Sarah Mead; Benjamin Samson
Publisher: T.M.C. Asser Press
ISBN: 9789462655065
Published In: June 2022
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 1,861.87

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Description
Contents

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This book brings together leading and emerging scholars and practitioners to present an overview of how regional, international and transnational courts and tribunals are engaging with the environment. With the natural world under unprecedented pressure, the book highlights the challenges and opportunities presented by international dispute resolution for the protection of the environment and the further development of international environmental law. Presented in three parts, it addresses how individual courts and tribunals engage with environmental matters (Part I); how courts and tribunals are resolving key issues common to environmental litigation (Part II); and future opportunities and developments in the field (Part III). The book is an essential one-stop-shop for students, practitioners and academics alike interested in international litigation and the protection of our global environment.

Chapter 1. The Emergence of International Environmental Law: A Brief History from the Stockholm Conference to Agenda 2030

Part I. A Fragmented Jurisdictional Landscape

Chapter 2. The International Court of Justice and the Protection of the Environment

Chapter 3. The International Tribunal for the Law of the Sea

Chapter 4. The Protection of the Environment through Inter-State Arbitration

Chapter 5. The World Trade Organization Dispute Settlement Mechanism

Chapter 6. Crimes against the Environment: What Role for the International Criminal Court?

Chapter 7. The European Court of Human Rights and the Environment

Chapter 8. The European Union Court System and the Protection of the Environment

Chapter 9. The Inter-American Court of Human Rights

Chapter 10. The Protection of the Environment before African Regional Courts and Tribunals

Chapter 11. Environmental Protection in International Investment Arbitration: From Defences to Counterclaims

Chapter 12. Commercial Arbitration

Part II. Key Issues in International Environmental Proceedings

Chapter 13. Jurisdiction and Applicable Law (jurisdiction ratione materiae)

Chapter 14. Access to and Participation in Proceedings before International Courts and Tribunals

Chapter 15. Provisional Measures

Chapter 16. Proving Environmental Harm before International Courts and Tribunals

Chapter 17. State Responsibility and Liability

Chapter 18. The Principles of International Environmental Law through the lens of International Courts and Tribunals

Part III. Future Opportunities and Developments

Chapter 19. Reflections on International Environmental Adjudication: International Adjudication vs. Compliance Mechanisms in Multilateral Environmental Agreements

Chapter 20. Climate Change Litigation: National Courts as Agents of International Law Development

Chapter 21. A Growing Role for the UN Security Council?

Chapter 22. Application of World Law by International Courts and Tribunals to Protect the Environment

Chapter 23. General Conclusions

Table of Cases

Table of Treaties

Index