International Judicial Practice on the Environment: Questions of Legitimacy

ISBN-13: 9781108497176 / Angielski / Twarda / 2019 / 502 str.

Christina Voigt

Opis

Evaluates the fundamental legitimacy of judicial practice in the growing number of environmental cases heard before international courts.

Recenzje

'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, Review of European, Comparative and International Environmental Law

Spis treści

Introduction: international courts and the environment: the quest for legitimacy Christina Voigt; Part I. Procedural Legitimacy of Judicial Environmental Practice: Access to Justice: 1. The environment before the European Court of Justice Ludwig Krämer; 2. The EU Aarhus Regulation and EU administrative acts based on the Aarhus regulation – the withdrawal of the CJEU from the Aarhus Convention Katja Rath; 3. 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; Part II. Legitimacy and Scientific Certainty – Environmental Adjudication, Use of Experts and the Limits of Science: 4. Scientific uncertainties: a nightmare for environmental adjudicators Tracey Kanhanga; 5. Ignorance, uncertainty and biodiversity: decision making by the court of justice of the European Union Volker Mauerhofer; Part III. Judges as Law-Makers: Legitimate Development of Environmental Law: 6. Sustainable development before international courts and tribunals: duty to cooperate and states´ good faith Kazuki Hagiwara; 7. New legal avenues to support a transboundary harm claim on the basis of climate change Kurt Winter; 8. 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; Part IV. Legitimacy of Outcomes: Performance, Effects (and Side-effects): 9. When environmental protection and human rights collide: four heuristics of conflict resolution Marie-Catherine Petersmann; 10. Silent implications of US-Tuna II: greening market behaviour through the WTO Cristiane Derani and Arthur Rodrigues Dalmarco; 11. Adjudication of environmental impact assessment claims before international courts and tribunals Andrew B. Loewenstein; 12. Litigation as a climate regulatory tool Jacqueline Peel and Hari Osofsky; Part V. The Legitimacy of Non-Compliance Procedures: 13. Administrative procedures and rule of law values in the Montreal compliance system Anna Huggins; 14. Legitimacy questions of non-compliance procedures: examples from the Kyoto and Montreal Protocol Zerin Savaşan; Part VI. The Limits of Environmental Justice through Courts: Balancing Legitimacy with the Need for Creativity: 15. Environmental Ombudsman: its role in the system of accountability mechanisms for administrative environmental decision making Mahito Shindo; 16. The role of NGOs in monitoring compliance under the World Heritage Convention: options for an improved tripartite regime Evan Hamman; 17. Beyond litigation: the need for creativity in working to realize environmental rights Lisa Chamberlain.