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| Author | : Katalin Sulyok |
| Publisher | : Cambridge University Press |
| Total Pages | : 431 |
| Release | : 2020-10-29 |
| Genre | : Business & Economics |
| ISBN | : 1108489664 |
This pioneering study on environmental case-law examines how courts engage with science and reviews legitimate styles of judicial reasoning.
| Author | : Katalin Sulyok |
| Publisher | : Cambridge University Press |
| Total Pages | : 431 |
| Release | : 2020-10-29 |
| Genre | : Law |
| ISBN | : 1108809146 |
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.
| Author | : Emma Lees |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 261 |
| Release | : 2020-09-17 |
| Genre | : Law |
| ISBN | : 1509931473 |
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.
| Author | : Emma Lees |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 272 |
| Release | : 2020-09-17 |
| Genre | : Law |
| ISBN | : 1509931481 |
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.
| Author | : Dina L. Townsend |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 304 |
| Release | : 2020-06-26 |
| Genre | : Law |
| ISBN | : 178990594X |
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.
| Author | : Ceri Warnock |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 221 |
| Release | : 2021-01-07 |
| Genre | : Law |
| ISBN | : 1509940081 |
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.
| Author | : Jennifer M. Lee |
| Publisher | : |
| Total Pages | : 38 |
| Release | : 2010 |
| Genre | : |
| ISBN | : |
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.
| Author | : Klaus Mathis |
| Publisher | : Springer |
| Total Pages | : 542 |
| Release | : 2017-04-07 |
| Genre | : Law |
| ISBN | : 3319509322 |
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.
| Author | : James R. May |
| Publisher | : Cambridge University Press |
| Total Pages | : 427 |
| Release | : 2015 |
| Genre | : Business & Economics |
| ISBN | : 1107022258 |
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.
| Author | : Irum Ahsan |
| Publisher | : Asian Development Bank |
| Total Pages | : 165 |
| Release | : 2015-02-01 |
| Genre | : Business & Economics |
| ISBN | : 9292548662 |
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.
