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  3. International Judicial Practice on the Environment
  • Cited by 13
Publisher:
Cambridge University Press
Online publication date:
April 2019
Print publication year:
2019
Online ISBN:
9781108684385
DOI:
https://doi.org/10.1017/9781108684385
Series:
Studies on International Courts and Tribunals
Subjects:
Public International Law, Law, Environmental Law, Politics and International Relations, International Relations and International Organisations
Information

Book description

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.

Reviews

'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

‘The concept of legitimacy is both complex and contested, but the editor does an admirable job in the introduction of explaining why this analytical framework was chosen and what it means in the context of the settlement of environmental disputes by international courts and tribunals … This volume brings together a rich tapestry of practice from various international courts and tribunals …’

James Harrison Source: Review of European, Comparative and International Environmental Law

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