International Judicial Practice on the Environment

Introduction: international courts and the environment: the quest for legitimacy Christina Voigt; Part I. Procedural Legitimacy of Judicial Environmental Practice: Access to Justice: 1. The environment before the European Court of Justice Ludwig Krämer; 2. The EU Aarhus Regulation and EU administrative acts based on the Aarhus regulation – the withdrawal of the CJEU from the Aarhus Convention Katja Rath; 3. Access to justice before EU courts in environmental cases against the backdrop of the Aarhus Convention: balancing between pathological stubbornness and cognitive dissonance? Hendrik Schoukens; Part II. Legitimacy and Scientific Certainty – Environmental Adjudication, Use of Experts and the Limits of Science: 4. Scientific uncertainties: a nightmare for environmental adjudicators Tracey Kanhanga; 5. Ignorance, uncertainty and biodiversity: decision making by the court of justice of the European Union Volker Mauerhofer; Part III. Judges as Law-Makers: Legitimate Development of Environmental Law: 6. Sustainable development before international courts and tribunals: duty to cooperate and states´ good faith Kazuki Hagiwara; 7. New legal avenues to support a transboundary harm claim on the basis of climate change Kurt Winter; 8. The Court of Justice of the European Union and the high level of environmental protection – transforming a policy objective into a concept amenable to judicial review Delphine Misonne; Part IV. Legitimacy of Outcomes: Performance, Effects (and Side-effects): 9. When environmental protection and human rights collide: four heuristics of conflict resolution Marie-Catherine Petersmann; 10. Silent implications of US-Tuna II: greening market behaviour through the WTO Cristiane Derani and Arthur Rodrigues Dalmarco; 11. Adjudication of environmental impact assessment claims before international courts and tribunals Andrew B. Loewenstein; 12. Litigation as a climate regulatory tool Jacqueline Peel and Hari Osofsky; Part V. The Legitimacy of Non-Compliance Procedures: 13. Administrative procedures and rule of law values in the Montreal compliance system Anna Huggins; 14. Legitimacy questions of non-compliance procedures: examples from the Kyoto and Montreal Protocol Zerin Savaşan; Part VI. The Limits of Environmental Justice through Courts: Balancing Legitimacy with the Need for Creativity: 15. Environmental Ombudsman: its role in the system of accountability mechanisms for administrative environmental decision making Mahito Shindo; 16. The role of NGOs in monitoring compliance under the World Heritage Convention: options for an improved tripartite regime Evan Hamman; 17. Beyond litigation: the need for creativity in working to realize environmental rights Lisa Chamberlain.