The Environment Through the Lens of International Courts and Tribunals

Environmental / Energy Law › International Law

The Environment Through the Lens of International Courts and Tribunals

Edited by Edgardo Sobenes · Sarah Mead · Benjamin Samson
T.M.C. Asser Press June 2022

Specifications

ISBN-13
9789462655065
Publisher
T.M.C. Asser Press
Publication
June 2022
Format
Hardback
Jurisdiction
Netherlands ? Countri(es) for reference only

Details

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.

Table of Contents

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
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