International Judicial Practice on the Environment: Questions of Legitimacy (Studies on International Courts and Tribunals)

Cambridge University Press, 4/18/2019
EAN 9781108497176, ISBN10: 1108497179

Hardcover, 502 pages, 23.4 x 15.8 x 3 cm
Language: English

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.

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 SavaÅŸan
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.