The Functions of International Adjudication and International Environmental Litigation PDF Download

Author: Katalin Sulyok
Publisher: Cambridge University Press
ISBN: 1108809146
Category : Law
Languages : en
Pages : 431

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Book Description
Science, which inevitably underlies environmental disputes, poses significant challenges for the scientifically untrained judges who decide such cases. In addition to disrupting ordinary fact-finding and causal inquiry, science can impact the framing of disputes and the standard of review. Judges must therefore adopt various tools to adjust the level of science allowed to enter their deliberations, which may fundamentally impact the legitimacy of their reasoning. While neglecting or replacing scientific authority can erode the convincing nature of judicial reasoning, the same authority, when treated properly, may lend persuasive force to adjudicatory findings, and buttress the legitimacy of judgments. In this work, Katalin Sulyok surveys the environmental case law of seven major jurisdictions and analyzes framing techniques, evidentiary procedures, causal inquiries and standards of review, offering valuable insight into how judges justify their choices between rival scientific claims in a convincing and legitimate manner.

Author: Edgardo Sobenes
Publisher: Springer Nature
ISBN: 9462655073
Category : Law
Languages : en
Pages : 754

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Book Description
This book brings together leading and emerging scholars and practitioners to present an overview of how regional, international and transnational courts and tribunals are engaging with the environment. With the natural world under unprecedented pressure, the book highlights the challenges and opportunities presented by international dispute resolution for the protection of the environment and the further development of international environmental law. Presented in three parts, it addresses how individual courts and tribunals engage with environmental matters (Part I); how courts and tribunals are resolving key issues common to environmental litigation (Part II); and future opportunities and developments in the field (Part III). The book is an essential one-stop-shop for students, practitioners and academics alike interested in international litigation and the protection of our global environment. Edgardo Sobenes is an international lawyer and consultant in international law (ESILA), Sarah Mead is a lawyer specialising in international environmental and human rights law, and Benjamin Samson is a researcher at the Université Paris Nanterre and consultant in international law.

Author: Justine Bendel
Publisher: Edward Elgar Publishing
ISBN: 1789901332
Category : Law
Languages : en
Pages : 305

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Book Description
Providing an insightful contribution to literature on the topic, this book scrutinises how international courts and tribunals may respond procedurally to an ever-growing list of environmental disputes. In a time of environmental crisis, it lays crucial groundwork for strengthening the application of international environmental law, a topic of increasing relevance for global civil society.

Author: Joshua Paine
Publisher:
ISBN: 9781108737272
Category : Arbitration (International law)
Languages : en
Pages : 0

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Book Description
"This book will benefit academics and practitioners working in international dispute settlement, public international law, international economic law, and law of the sea. Focusing on environmental disputes, it develops a comparative analysis of the roles of international courts and tribunals across four key sites of international adjudication"--

Author: Tuomas Kuokkanen
Publisher: Routledge
ISBN: 1317530241
Category : Law
Languages : en
Pages : 260

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Book Description
Bringing together contributions from diplomats, UN agency officials, lawyers and academics, this book provides insight into the evolution of international environmental law, diplomacy and negotiating techniques. Based on first-hand experiences and extensive research, the chapters offer a blend of practice and theory, history and analysis, presenting a range of historical episodes and nuances and drawing lessons for future improvements to the processes of law-making and diplomacy. The book represents a synthesis of the most important messages to emerge from the annual course on Multilateral Environmental Agreements, delivered to diplomats and negotiators from around the world for the last decade by the University of Eastern Finland and the United Nations Environment Programme. The book will be of interest as a guide for negotiators and as a supplementary textbook and a reference volume for a wide range of students of law and environmental issues.

Author: Fitzmaurice, Malgosia
Publisher: Edward Elgar Publishing
ISBN: 1785367811
Category : Law
Languages : en
Pages : 624

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Book Description
This textbook provides a compelling and structured introduction to international environmental law in the Text, Cases and Materials genre.

Author: Tarcísio Hardman Reis
Publisher: Kluwer Law International B.V.
ISBN: 9041134379
Category : Law
Languages : en
Pages : 250

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Book Description
At present there is no clear model under international law with which to determine compensation for environmental damage. After showing that no existing standard of compensation defined by the theory and practice of international law is adequate to cover all cases involving environmental damages - and that such a broad standard or set of standards may in fact be ultimately unachievable - the author of this important book develops a 'fair compensation' regime from an analysis of existing international dispute adjudication mechanisms, and presents this model as the best possible current approach to the conciliation of international responsibility and environmental interests.

Author: Louis J. Kotzé
Publisher: Kluwer Law International B.V.
ISBN: 9041127089
Category : Law
Languages : en
Pages : 642

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Book Description
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.

Author: Cesare Romano
Publisher:
ISBN: 0199660689
Category : Law
Languages : en
Pages : 1074

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Book Description
This Oxford Handbook provides interdisciplinary perspectives on international adjudication, analysing the proliferation of international courts and tribunals from the perspective of both international law and political science. It presents the different theoretical approaches to these courts, their main functions, and the issues confronting them.

Author: Cathrin Zengerling
Publisher: Martinus Nijhoff Publishers
ISBN: 9004257314
Category : Law
Languages : en
Pages : 404

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Book Description
Greening International Jurisprudence: Environmental NGOs before International Courts, Tribunals, and Compliance Committees examines how international judicial and quasi-judicial bodies enforce international environmental law, with particular consideration to the role of environmental NGOs. The analytical structure of the study is based on four aspects of discussion and research: the enforcement deficit in environmental law; global environmental governance and sustainable development; the proliferation of international judicial and quasi-judicial bodies; and deliberation and democratic global governance. Author Cathrin Zengerling analyses the institutional structure, as well as the environmental case law from a total of fourteen international courts, arbitral tribunals, and compliance committees with special focus on accessibility, comprehensiveness, and transparency. Underlying this analysis is the fundamental question of whether the respective body appropriately contributes to the realization of democratic governance for sustainable development. After presenting her core findings, the author provides concrete recommendations for future best practices and discusses the need for a new World Environment Court. Researchers, practitioners, and students of international environmental law will find an important, thought-provoking and timely new text in Greening International Jurisprudence: Environmental NGOs before International Courts, Tribunals, and Compliance Committees.