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Courts and the Environment

Courts and the Environment

  • 作者:
  • 出版商: Edward Elgar Publishing
  • ISBN: 9781788114660
  • 出版时间 December 2018
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Paperback Edition ISBN: 9781800371002
JP¥32,430.00
发货时间:大约 4-5 weeks
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Free delivery Hong Kong?
Hong Kong: free delivery (order over HKD 1000)
  • 描述 
  • 大纲 
  • 详细

    This discerning book examines the challenges, opportunities and solutions for courts adjudicating on environmental cases, as well as offering a critical analysis of the judgments themselves, situated in the prevailing legislation and case law of 15 representative and influential jurisdictions.

    Through the analysis and comparison of court practices and case law across global domestic courts as varied as the Green Tribunal in India, the Land and Environment Court in Australia, and The Hague District Court 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 preserve 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.

  • Part I Conceptualizing the Role of Courts in Protecting the Environment
    1. The Nature of Courts
    Nicholas Robinson
    2. Bridging the Gap Between Aspiration and Outcomes: The role of the Court in ensuring Ecologically Sustainable Development
    Brian Preston, Paul Martin and Amanda Kennedy
    3. The Legitimate Role of Rights-Based Approaches to Environmental Conflict Resolution
    Trevor Daya-Winterbottom
    Part II Taking the Lead: The Court as Trailblazer for Environmental Protection
    4. Ghana’s Courts and Environmental Rule of Law
    Godwin E. K. Dzah
    5. Activities of the Brazilian Judiciary Aimed at Combating Global Warming in the Amazon and Cerrado Biomes
    Heline Sivini Ferreira, Diogo Andreola Serraglio and Rullyan Levi Maganhati Mendes
    6. Procedural and Substantive Innovations Propounded by the Indian Judiciary in Balancing the Protection of Environment and Development: A Legal Analysis
    Stellina Jolly and Zen Makuch
    Part III Access to Justice for the Environment
    7. Inviting Civil Society to the Table: The Case of the African Commission
    Nora Ho Tu Nam
    8. Collective Environmental Litigation in Colombia: An Empirical Assessment
    Everaldo Lamprea and Angela M. Páez
    9. Are Courts Colour Blind to Country? Indigenous Cultural Heritage, Environmental Law and the Australian Judicial System
    Lauren Butterly and Rachel Pepper
    10. What Chinese Courts Could Learn From the U.S.A.: The Approach of Public Interest Litigation Under the New China Environmental Protection Law
    Zhuoxian Zhang
    11. Protection of Environmental Rights of Citizens in the Courts of Kazakhstan, Russia and Ukraine
    Oleksandra Chornous and Nicolay Kichigin
    Part IV Courts in Action
    12. The Challenge of Bringing Transnational Corporations to Justice for Environmental Damage: A Case Study of Texaco Oil Company and Chevron vs Lago Agrio Plaintiffs
    María Augusta León Moreta and Gloria Bingyu Liu
    13. Enhancing Corporate Responsibilities to Fulfill the Right to a Clean Environment: Lessons Learned from Indonesian Courts
    Yetty Komalasari Dewi and Anbar Jayadi
    14. The Urgenda case: A Successful Example of Public Interest Litigation for the Protection of the Environment?
    Otto Spijkers
    15. U.S.A. Climate Change Adjudication: The Epic Journey from a Petition for Rulemaking to National Greenhouse Gas Regulation
    David Hodas
    16. A Review of Environmental Courts and Tribunals for Civil Society Organisations and the Judiciary
    Ria Guidone and Holly Jonas
    17. Swedish Environmental Courts – Specialized Civil and Administrative Courts
    Anders Bengtsson
    Index

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