Courts and the Environment

Anthology edited by Christina Voigt and Zen Makuch.

About the book

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.

Through the analysis and comparison of court practices and case law across global domestic courts as varied as the National Green Tribunal in India, the Land and Environment Court in Australia, and the District Court of The Hague in the Netherlands, the expert contributors bring together a wealth of knowledge in order to enhance mutual learning and understanding towards an environmental rule of law. In doing so, they illustrate that courts play a vital role in the formation and crystallization of rulings and decisions to protect and conserve the environment. Ultimately, they prove that there are many lessons to be learnt from other legal systems in seeking to maintain and enhance the environmental rule of law.

Contemporary and global in scope, Courts and the Environment is essential reading for scholars and students of environmental law, as well as judges, legal practitioners and policymakers interested in understanding the legal challenges to and the legal basis for protecting environmental values in courts.

The anthology is available here

About the Colloquium

In June 2016, PluriCourts hosted the colloquium of the International Union for Conservation of Nature Academy of Environmental Law (IUCNAEL). The event is an essential avenue for environmental law scholars and practitioners. The topic of the 2016 colloquium was "The Environment in Court – Environment protection in national and international courts, tribunals, and compliance mechanisms".

The colloquium explored questions relating to what the role is, should be and could be for the judiciary in promoting environmentally sustainable development? What progresses and advances have been made in protecting the environment through courts and which obstacles exist to enhancing effective environmental adjudication? The colloquium attempted to address these issues along various, crossing “axes”: national and international adjudication, procedural and substantive legal issues, comparisons of different legal systems, and the relationships between policy and law, input and outcome, lex lata and lex ferenda, law and ethics, effectiveness and equity.

Tags: Environment, ICJ, ITLOS, Human Rights, Trade
Published Jan. 16, 2019 2:36 PM - Last modified Jan. 16, 2019 2:38 PM