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This discerning book examines the challenges, opportunities and solutions for courts adjudicating on environmental cases. It offers a critical analysis of the practice and judgments of courts from various representative and influential jurisdictions.
The global phenomenon of the establishment of specialist courts is one of the most important recent developments in environmental law. Although they are generally seen as a much needed innovation, they do pose challenges, particularly around questions of legitimacy. This important book tackles these questions directly, looking specifically at the courts in the common law world. It argues that to fully understand the nature of the adjudication of these courts, a bottom-up approach must be taken: ie the question before the court is determinative. Despite its theoretical focus, the book will also provide invaluable insights to practitioners engaging with these new courts for the first time. An innovative study on a seismic change in how environmental law is adjudicated.
"This handbook is intended to enable national judges in all types of tribunals in both civil law and common law jurisdictions to identify environmental issues coming before them and to be aware of the range of options available to them in interpreting and applying the law. It seeks to provide judges with a practical guide to basic environmental issues that are likely to arise in litigation. It includes information on international and comparative environmental law and references to relevant cases."--P. iii.
This book provides a critical assessment of the New South Wales Land and Environmental Court (NSWLEC). Effective adjudication has become a key consideration for environmental lawyers. One of the most important questions is whether environmental law frameworks need their own courts, with the conclusion being: yes they do. Here, a pioneer of such a court, the NSWLEC is forensically examined to see what it might teach other such courts. Showing a court 'in action' it suggests models that practitioners and policy makers might follow. It also speaks to the environmental law scholars, setting out a conceptual framework for studying such courts as legal institutions. This multi-faceted collection is invaluable to scholars and practitioners alike.
"This report lays out a decision-making framework for creating an ECT [environmental court and tribunal] that can be useful in different legal cultures and political situations. It provides the tools and support necessary to enhance access to environmental justice in countries around the world that, in turn, will advance the principles of environmental protection, sustainable development, and intergenerational equity through the institutions responsible for delivering environmental justice"--Introd.
Author : Louis J. Kotzé Publisher : Kluwer Law International B.V. Page : 642 pages File Size : 22,68 MB Release : 2009-01-01 Category : Law ISBN : 9041127089
This important book investigates the environmental legal frameworks, court structures and relevant jurisprudence of nineteen countries, representing legal systems and legal cultures from a diverse array of countries situated across the globe. In doing so, it distils comparative trends, new developments, and best practices in adjudication endeavours, highlighting the benefits and shortcomings of the judicial approach to environmental governance.
In the nine years since Green Justice first appeared, the field we have come to identi as “environmental law” has taken a number of twists and turns, few of which were foreseen by the authors or, so far as they know, by anyone else. Although this edition attempts to account for many of these changes, it continues to emphasize what we believed then and continue to believe to be paramount, not only for the study of environmental law but for common-law based jurisprudence in general: Despite the immediacy and crush of daily events, closely reasoned analyses of the difficulties and conflicts arising from environmental conflicts, as embodied in major cases or key decisions such as we present here, provide a stabilizing core around which the swirl of daily events takes place, and against which those events must be evaluated. We believed then, and believe even more strongly now, that this is true not only for legal specialists and scholars but for an educated populace as well. Thus this casebook.
Environmental justice is the concept that minority and low-income individuals, communities and populations should not be disproportionately exposed to environmental hazards, and that they should share fully in making the decisions that affect their environment. This volume examines the sources of environmental justice law and how evolving regulations and court decisions impact projects around the country.