Download or read book Science and Judicial Reasoning written by Katalin Sulyok and published by Cambridge University Press. This book was released on 2020-10-29 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: This pioneering study on environmental case-law examines how courts engage with science and reviews legitimate styles of judicial reasoning.
Download or read book Environmental Adjudication written by Emma Lees and published by Bloomsbury Publishing. This book was released on 2020-09-17 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a detailed study of the role of the judiciary in environmental law. It examines theoretical issues concerning the role of judges, taking account of different legal cultures and contexts, exploring the multifaceted pressures which rest on the shoulders of courts when navigating the tensions between maintaining neutrality, resolving disputes, and providing guidance and assistance for future courts, policy-makers and decision-makers. In addition, it explores the particular challenges which arise in an environmental context, before articulating the range of environmental dispute 'models' which can and do exist in the context of the environmental law of England and Wales. The second part of the book looks at the consequences of these findings, and explores the relationship between adjudication and coherence before concluding with an exploration of what constitutes 'good' environmental adjudication.
Download or read book Science and Judicial Reasoning written by Katalin Sulyok and published by Cambridge University Press. This book was released on 2020-10-29 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Human Dignity and the Adjudication of Environmental Rights written by Dina L. Townsend and published by Edward Elgar Publishing. This book was released on 2020-06-26 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing on contemporary debates in philosophy and legal theory, this ground-breaking book provides a compelling enquiry into the nature of human dignity. The author not only illustrates that dignity is a concept that can extend our understanding of our environmental impacts and duties, but also highlights how our reliance on and relatedness to the environment further extends and enhances our understanding of dignity itself.
Download or read book Environmental Adjudication written by Emma Lees and published by Bloomsbury Publishing. This book was released on 2020-09-17 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a detailed study of the role of the judiciary in environmental law. It examines theoretical issues concerning the role of judges, taking account of different legal cultures and contexts, exploring the multifaceted pressures which rest on the shoulders of courts when navigating the tensions between maintaining neutrality, resolving disputes, and providing guidance and assistance for future courts, policy-makers and decision-makers. In addition, it explores the particular challenges which arise in an environmental context, before articulating the range of environmental dispute 'models' which can and do exist in the context of the environmental law of England and Wales. The second part of the book looks at the consequences of these findings, and explores the relationship between adjudication and coherence before concluding with an exploration of what constitutes 'good' environmental adjudication.
Download or read book Environmental Courts and Tribunals written by Ceri Warnock and published by Bloomsbury Publishing. This book was released on 2021-01-07 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book An Environmental Court in Action written by Elizabeth C Fisher and published by Bloomsbury Publishing. This book was released on 2022-07-28 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Influence of Majority Ideology on Environmental Law Adjudication in the U S Supreme Court written by Jennifer M. Lee and published by . This book was released on 2010 with total page 38 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the highest court in the land, the U.S. Supreme Court is the final interpreter of federal law. Its interpretations can mean the difference between clean drinking water and pollution with impunity. An understanding of the factors that influence Supreme Court decision-making is therefore critical to environmental protection. While other fields of law have examined the impact of ideology on Supreme Court decision-making, its effect on environmental law adjudication remains unexplored. My investigation expanded the scope of existing lower court studies by examining how majority ideology affects the disposition of environmental cases in the Supreme Court. I hypothesized that a Supreme Court with a liberal majority was more likely than a conservative majority to rule in favor of environmental protection. Using a weighted least squares linear probability model and a probit model, I found that a liberal Court majority, a Democratic sitting President, and an anti-environmental protection lower court decision all increase the probability that the Supreme Court will issue a pro-environmental protection decision. By improving our understanding of Supreme Court decision making, my study offers insight on how to best advocate for environmental protection.
Download or read book International Judicial Practice on the Environment written by Christina Voigt and published by Cambridge University Press. This book was released on 2019-04-18 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: Evaluates the fundamental legitimacy of judicial practice in the growing number of environmental cases heard before international courts.
Download or read book Proceedings of the Second South Asia Judicial Roundtable on Environmental Justice written by Irum Ahsan and published by Asian Development Bank. This book was released on 2015-02-01 with total page 165 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication documents the proceedings of the Second South Asia Judicial Roundtable on Environmental Justice, held on 30-31 August 2013 in Thimphu, Bhutan. It brought together chief justices, senior judges, and experts from various fields to consider common environmental challenges in the region, share experiences, and discuss opportunities for cooperation between judiciaries to enhance environmental adjudication and enforcement. The recommendations and the discussions led to the adoption of the Thimphu Declaration on Enhancing Environmental Justice in South Asia. The participants also agreed to the signing of the Memorandum of Understanding for Co-operation Amongst the South Asia Judiciaries, which aims to significantly improve the development, implementation, and enforcement of, and compliance with, environmental law.
Download or read book The Functions of International Adjudication and International Environmental Litigation written by Joshua Paine and published by Cambridge University Press. This book was released on 2024-05-31 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book uses environmental disputes as a focus to develop a novel comparative analysis of the functions of international adjudication. Paine focuses on three challenges confronting international tribunals: managing change in applicable legal norms or relevant facts, determining the appropriate standard and method of review when scrutinising State conduct for compliance with international obligations, and contributing to wider processes of dispute settlement. The book compares how tribunals manage these challenges across four key sites of international adjudication: adjudication in the World Trade Organization and under the United Nations Convention on the Law of the Sea, International Court of Justice litigation, and investment treaty arbitration. It shows that while international tribunals perform several key functions in the contemporary international legal order, they are subject to significant constraints. Paine makes a genuine addition to literature on the role of international adjudication in international law which will benefit academics, practitioners, and policymakers.
Download or read book Environmental Law and Economics written by Klaus Mathis and published by Springer. This book was released on 2017-04-07 with total page 542 pages. Available in PDF, EPUB and Kindle. Book excerpt: This anthology discusses important issues surrounding environmental law and economics and provides an in-depth analysis of its use in legislation, regulation and legal adjudication from a neoclassical and behavioural law and economics perspective. Environmental issues raise a vast range of legal questions: to what extent is it justifiable to rely on markets and continued technological innovation, especially as it relates to present exploitation of scarce resources? Or is it necessary for the state to intervene? Regulatory instruments are available to create and maintain a more sustainable society: command and control regulations, restraints, Pigovian taxes, emission certificates, nudging policies, etc. If regulation in a certain legal field is necessary, which policies and methods will most effectively spur sustainable consumption and production in order to protect the environment while mitigating any potential negative impact on economic development? Since the related problems are often caused by scarcity of resources, economic analysis of law can offer remarkable insights for their resolution. Part I underlines the foundations of environmental law and economics. Part II analyses the effectiveness of economic instruments and regulations in environmental law. Part III is dedicated to the problems of climate change. Finally, Part IV focuses on tort and criminal law. The twenty-one chapters in this volume deliver insights into the multifaceted debate surrounding the use of economic instruments in environmental regulation in Europe.
Download or read book Asian Judges Symposium on Environmental Decision Making the Rule of Law and Environmental Justice written by Asian Development Bank and published by Asian Development Bank. This book was released on 2010-07-01 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: The symposium held on 28-29 July 2010 at the Asian Development Bank---whose proceedings are documented in this publication---brought together senior members of the judiciary and environmental ministry officials from Asian jurisdictions, academe, civil society, international organizations, and distinguished experts from developed countries and development institutions to share experience that will lead to an improvement in the quality of environmental adjudication on environment and natural resource cases in Asian jurisdictions. At the symposium, Asian judges proposed an Asian Judges Network on the Environment to improve the quality of environment court rulings and cases.
Download or read book The Peaceful Settlement of International Environmental Disputes A Pragmatic Approach written by Cesare Romano and published by Springer. This book was released on 2000-10-20 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last two decades, environmental problems have been increasingly identified as potential sources of international instability or even direct threats to international peace and security. This phenomenon has been reflected in the growing proportion of multilateral environmental treaties which include dispute settlement clauses. At the same time, and increasingly since the beginning of the 1990s, international adjudication is going through a renaissance as more and more cases are submitted to an expanding number of international judicial fora. This unique study takes a pragmatic approach to determine under which conditions international adjudication, as currently structured, can effectively tackle the challenge of environmental degradation and the ensuing international disputes. It illustrates how multilateral environmental treaties have provided for the settlement of disputes that may arise from their implementation, with special attention given to so-called non-compliance procedures. Ten environmental disputes which have been the subject of international adjudication are examined in detail, explaining the origins of the dispute, how and why the case was brought before that particular jurisdiction, the proceedings, the judgement, and the aftermath of the case. To assess the effectiveness of adjudicative means, famous cases are revisited, including the Bering Sea Fur Seals, Trail Smelter, Lake Lanoux, Nauru Phosphates, Nuclear Tests, Danube, Meuse River, and Southern Bluefin Tuna cases, and the impact the judgements had on the original environmental problems examined.
Download or read book Proceedings of the Third South Asia Judicial Roundtable on Environmental Justice for Sustainable Green Development written by and published by Asian Development Bank. This book was released on 2015-08-01 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication documents the proceedings of the Third South Asia Judicial Roundtable on Environmental Justice for Sustainable Green Development, held on the 8th and 9th of August 2014 in Colombo, Sri Lanka. Building on work and the discussions of the previous roundtables, key themes discussed in Colombo include judicial training and capacity enhancement, regional integration and cooperation, enhancing the efficacy of the judicial system for environmental justice, and the application of Alternative Dispute Resolution methods. In addition, the event tackled specific issues relating to urban development, natural capital, gender, community forest management, and tourism. The roundtable culminated in the adoption of the Colombo Action Plan consisting of concrete steps and measures toward the development of environmental rule of law.
Download or read book Global Environmental Constitutionalism written by James R. May and published by Cambridge University Press. This book was released on 2015 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reflecting a global trend, scores of countries have affirmed that their citizens are entitled to healthy air, water, and land and that their constitution should guarantee certain environmental rights. This book examines the increasing recognition that the environment is a proper subject for protection in constitutional texts and for vindication by constitutional courts. This phenomenon, which the authors call environmental constitutionalism, represents the confluence of constitutional law, international law, human rights, and environmental law. National apex and constitutional courts are exhibiting a growing interest in environmental rights, and as courts become more aware of what their peers are doing, this momentum is likely to increase. This book explains why such provisions came into being, how they are expressed, and the extent to which they have been, and might be, enforced judicially. It is a singular resource for evaluating the content of and hope for constitutional environmental rights.
Download or read book The Constitution of the Environmental Emergency written by Jocelyn Stacey and published by Bloomsbury Publishing. This book was released on 2018-04-19 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues for a reframing of environmental law. It starts from the premise that all environmental issues confront lawmakers as emergencies. Environmental issues pose a fundamental challenge to law because it is impossible to reliably predict which issues contain the possibility of an emergency and what to do in response to such an unforeseen event. These features undermine the conventional understanding of the rule of law. This book argues that approaching environmental issues from the emergency perspective leads us to an understanding of the rule of law that requires public justification. This requirement recentres the debates in environmental law around the question of why governance under the rule of law is something worth having in the environmental context. It elaborates what the rule of law requires of decision-makers in light of our ever-present vulnerability to catastrophic environmental harm. Controversial, compelling and above all timely, this book presents an important new perspective on environmental law.
