International judicial practice on the environment : questions of legitimacy / edited by Christina Voigt.
2019
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Title
International judicial practice on the environment : questions of legitimacy / edited by Christina Voigt.
Added Author
Imprint
Cambridge : Cambridge University Press, 2019.
Description
1 online resource (xxvii, 476 pages) : digital, PDF file(s).
Series
Studies on international courts and tribunals.
Formatted Contents Note
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.
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.
Summary
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.
Note
Title from publisher's bibliographic system (viewed on 26 Mar 2019).
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Print version:
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Alternate Title
Cambridge Books Online.
Language
English
ISBN
9781108684385 (ebook)
9781108497176 (hardback)
9781108739542 (paperback)
9781108497176 (hardback)
9781108739542 (paperback)
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