Book contents
- Reviews
- International Judicial Practice on the Environment
- Studies on International Courts and Tribunals
- International Judicial Practice on the Environment
- Copyright page
- Contents
- Contributors
- Acknowledgements
- Table of Cases
- Introduction International Courts and the Environment: the Quest for Legitimacy
- Part I Procedural Legitimacy of Judicial Environmental Practice: Access to Justice
- Part II Legitimacy and Scientific Certainty: Environmental Adjudication, Use of Experts and the Limits of Science
- Part III Judges as Law-Makers: Legitimate Development of Environmental Law
- Part IV Legitimacy of Outcomes: Performance, Effects (and Side-Effects)
- 9 When Environmental Protection and Human Rights Collide: Four Heuristics of Conflict Resolution
- 10 Silent Implications of US-Tuna II: Greening Market Behaviour through the WTO
- 11 Adjudication of Environmental Impact Assessment Claims before International Courts and Tribunals
- 12 Litigation as a Climate Regulatory Tool
- Part V The Legitimacy of Non-Compliance Procedures
- Part VI The Limits of Environmental Justice through Courts: Balancing Legitimacy with the Need for Creativity
- Index
11 - Adjudication of Environmental Impact Assessment Claims before International Courts and Tribunals
from Part IV - Legitimacy of Outcomes: Performance, Effects (and Side-Effects)
Published online by Cambridge University Press: 15 April 2019
Edited by
Book contents
- Reviews
- International Judicial Practice on the Environment
- Studies on International Courts and Tribunals
- International Judicial Practice on the Environment
- Copyright page
- Contents
- Contributors
- Acknowledgements
- Table of Cases
- Introduction International Courts and the Environment: the Quest for Legitimacy
- Part I Procedural Legitimacy of Judicial Environmental Practice: Access to Justice
- Part II Legitimacy and Scientific Certainty: Environmental Adjudication, Use of Experts and the Limits of Science
- Part III Judges as Law-Makers: Legitimate Development of Environmental Law
- Part IV Legitimacy of Outcomes: Performance, Effects (and Side-Effects)
- 9 When Environmental Protection and Human Rights Collide: Four Heuristics of Conflict Resolution
- 10 Silent Implications of US-Tuna II: Greening Market Behaviour through the WTO
- 11 Adjudication of Environmental Impact Assessment Claims before International Courts and Tribunals
- 12 Litigation as a Climate Regulatory Tool
- Part V The Legitimacy of Non-Compliance Procedures
- Part VI The Limits of Environmental Justice through Courts: Balancing Legitimacy with the Need for Creativity
- Index
Summary
In 2010, the International Court of Justice recognized, for the first time, that States are under an obligation to undertake environmental impact assessments (EIAs) prior to carrying out projects that may cause significant adverse transboundary impacts. Although there continues to be debate on whether the need to conduct an EIA is a standalone obligation, or a means to fulfill the more general obligation of due diligence, it is now clear that the requirement to carry out an EIA is firmly established in customary international law.
- Type
- Chapter
- Information
- International Judicial Practice on the EnvironmentQuestions of Legitimacy, pp. 288 - 310Publisher: Cambridge University PressPrint publication year: 2019