City Libraries, City of Gold Coast

International judicial practice on the environment, questions of legitimacy, edited by Christina Voigt

eng

index present

non fiction

International judicial practice on the environment

dictionaries

edited by Christina Voigt

Studies on international courts and tribunals

questions of legitimacy

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

International courts and the environment : the quest for legitimacy / Christina Voigt -- The environment before the European Court of Justice / Ludwig Kramer -- The EU Aarhus regulation and EU administrative acts based on the Aarhus regulation : the withdrawal of the CJEU from the Aarhus convention / Katja Rath -- 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 -- Scientific uncertainties : a nightmare for environmental adjudicators / Tracey Kanhanga -- Ignorance, uncertainty and biodiversity : decision making by the Court of Justice of the European Union / Volker Mauerhofer -- Sustainable development before international courts and tribunals : duty to cooperate and states' good faith / Kazuki Hagiwara -- The Paris agreement : new legal avenues to support a transboundary harm claim on the basis of climate change / Kurt Winter ---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 -- When environmental protection and human rights collide : four heuristics of conflict resolution / Marie-Catherine Petersmann -- Silent implications of US-Tuna II : greening market behaviour through the WTO / Cristiane Derani and Arthur Rodrigues Dalmarco -- Adjudication of environmental impact assessment claims before international courts and tribunals / Andrew B. Loewenstein -- Litigation as a climate regulatory tool / Jacqueline Peel and Hari Osofsky -- Administrative procedures and rule of law values in the montreal compliance system / Anna Huggins -- Legitimacy questions of non-compliance procedures : examples from the Kyoto and Montreal protocol / Zerin Savasan ---Environmental ombudsman: its role in the system of accountability mechanisms for administrative environmental decision making / Mahito Shindo -- The role of NGOs in monitoring compliance under the World Heritage Convention : options for an improved tripartite regime / Evan Hamman -- Beyond litigation : the need for creativity in working to realize environmental rights / Lisa Chamberlain