Kotzé / Paterson The Role of the Judiciary in Environmental Governance

Comparative Perspectives
Erscheinungsjahr 2009
ISBN: 978-90-411-4935-0
Verlag: Wolters Kluwer
Format: PDF
Kopierschutz: Adobe DRM (»Systemvoraussetzungen)

E-Book, Englisch, 640 Seiten, Web PDF

Reihe: Comparative Environmental Law and Policy Series

Although the concept of ‘environmental governance’ has yet to be precisely
defined, it is already clear that domestic courts worldwide are playing an
increasingly important role in developing, interpreting, applying and
enforcing environmental law. 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.

Among the many judicial initiatives and issues covered in this book the reader
will find discussions of the following:

-
promoting constitutional rights to a healthy environment;

-
reconciling environmental and aboriginal rights;

-
recognizing public rights to the environment in laws protecting private
property;

-
promoting the separation of powers doctrine;

-
pronouncing on the validity of executive and legislative action;

-
distilling the mandate of environmental authorities;

-
creating specialist environmental courts or tribunals;

-
applying international environmental principles in the domestic context;

-
interpreting and rectifying legislative anomalies;

-
creatively using comparative jurisprudence to circumvent domestic statutory
deficiencies;

-
imposing liability on offenders to rehabilitate damaged environments;

-
developing common law remedies to rectify environmental harm;

-
reducing costs and risks associated with environmental litigation;

-
relaxing or removing procedural constraints to facilitate public interest
litigation;

-
combating undue political interference;

-
setting ecological limits to the use and development of natural and physical
resources; and

-
generating public awareness and political will.

Written by leading academics and practitioners from the selected countries,
each chapter includes detailed analysis of relevant court judgments as well as
suggestions for reform.

As a critical and informative exposition of current issues relating to the
judiciary and environmental governance, this book contributes to a better
understanding of the manner in which sustainable environmental governance may
be achieved by way of judicial intervention. It will be an invaluable tool for
judges, decision makers, environmental law scholars and private sector actors
from around the world to further advance their knowledge of environmental law,
governance, reform and implementation at the national, regional and
international levels.

Autoren/Hrsg.

Kotzé, Louis J.

Paterson, Alexander R.

Fachgebiete

• Rechtswissenschaften Öffentliches Recht Umweltrecht Umweltrecht allg., Technikrecht, Immissionsschutzrecht