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International Judicial Practice on the Environment
Questions of Legitimacy

$96.00 USD

Part of Studies on International Courts and Tribunals

Christina Voigt, Ludwig Krämer, Katja Rath, Hendrik Schoukens, Tracey Kanhanga, Volker Mauerhofer, Kazuki Hagiwara, Kurt Winter, Delphine Misonne, Marie-Catherine Petersmann, Cristiane Derani, Arthur Rodrigues Dalmarco, Andrew B. Loewenstein, Jacqueline Peel, Hari Osofsky, Anna Huggins, Zerin Savaşan, Mahito Shindo, Evan Hamman, Lisa Chamberlain
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  • Date Published: April 2019
  • availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
  • format: Adobe eBook Reader
  • isbn: 9781108750073

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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
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    Reviews & endorsements

    'This insightful book explores the judicial turn in international environmental law through the lens of legitimacy, with an impressive group of scholars examining how international litigation is contributing, in a mostly positive way, to the norms and processes of global environmental governance. For scholars, practitioners, and judges, the book provides an indispensable and up-to-date account of environmental litigation in contemporary international law.' Tim Stephens, University of Sydney

    'The surge in international environmental adjudication that some foresaw a quarter of a century ago, on the eve of the Rio Conference on Environment and Development, has now become a widespread phenomenon, and one that is particularly challenging to keep abreast with, even for specialists. This volume presents the state of the art in international environmental adjudication, providing detailed treatment of the main developments from the analytical prism of 'legitimacy', with its many faces. It is a significant contribution to knowledge and a necessary addition to the library of both international and environmental lawyers.' Jorge E. Viñuales, Harold Samuel Professor of Law and Environmental Policy, University of Cambridge

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    Product details

    • Date Published: April 2019
    • format: Adobe eBook Reader
    • isbn: 9781108750073
    • availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
  • Table of Contents

    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 Krämer
    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 Scientific Certainty – Environmental Adjudication, Use of Experts and the Limits of Science:
    4. Scientific uncertainties: a nightmare for environmental adjudicators Tracey Kanhanga
    5. Ignorance, uncertainty and biodiversity: decision making by the court of justice of the European Union Volker Mauerhofer
    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 Savaşan
    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.

  • Editor

    Christina Voigt, Universitetet i Oslo
    Christina Voigt is Professor at the Department of Public and International Law, Universitetet i Oslo, Norway. She is an expert in international environmental law and works in particular on legal issues of climate change, environmental multilateralism, sustainability, and international courts and environmental protection. She is a member of the International Union for Conservation of Nature (IUCN) World Commission on Environmental Law and the chair of the Commission´s Climate Change Specialist Group. In 2009, she was awarded the first IUCN Academy of Environmental Law Junior Scholarship Prize. She is the author of Sustainable Development as a Principle of International Law (2008), numerous academic articles and several edited volumes. Since 2011, she has been legal advisor to the Norwegian Ministry of Climate and Environment and negotiator in the United Nations climate negotiations.

    Contributors

    Christina Voigt, Ludwig Krämer, Katja Rath, Hendrik Schoukens, Tracey Kanhanga, Volker Mauerhofer, Kazuki Hagiwara, Kurt Winter, Delphine Misonne, Marie-Catherine Petersmann, Cristiane Derani, Arthur Rodrigues Dalmarco, Andrew B. Loewenstein, Jacqueline Peel, Hari Osofsky, Anna Huggins, Zerin Savaşan, Mahito Shindo, Evan Hamman, Lisa Chamberlain

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