Courts and the Environment

Edited by Christina Voigt, Professor, Faculty of Law, University of Oslo, Norway and Zen Makuch, Director, Sustainable Transitions, Imperial College London, UK and Barrister

'This book is a survival tool for judges who are increasingly required to respond to legal action meant to protect the earth from the existential threat to human civilization posed by global warming. Christina Voigt and Zen Makuch have assembled authors who affirm that there is no greater force to protect Earth and its habitants than the environmental rule of law.'--Michael D. Wilson, Hawaii Supreme Court, US'From pioneers to latecomers, the role of Courts in relation to environmental protection has oscillated in ways that make their overall contribution difficult to assess. This book is a significant addition to the mapping and stock-taking effort. It shows that, in practice, Courts are indeed playing a very important role in adapting legal systems to the need to conserve the environment.'--Jorge E. Viñuales, University of Cambridge, UK

• Contents:Part I Conceptualizing the Role of Courts in Protecting the Environment1. The Nature of Courts Nicholas Robinson2. Bridging the Gap Between Aspiration and Outcomes: The role of the Court in ensuring Ecologically Sustainable Development Brian Preston, Paul Martin and Amanda Kennedy3. The Legitimate Role of Rights-Based Approaches to Environmental Conflict Resolution Trevor Daya-WinterbottomPart II Taking the Lead: The Court as Trailblazer for Environmental Protection4. Ghana’s Courts and Environmental Rule of Law Godwin E. K. Dzah5. 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 Mendes6. Procedural and Substantive Innovations Propounded by the Indian Judiciary in Balancing the Protection of Environment and Development: A Legal Analysis Stellina Jolly and Zen MakuchPart III Access to Justice for the Environment 7. Inviting Civil Society to the Table: The Case of the African Commission Nora Ho Tu Nam8. Collective Environmental Litigation in Colombia: An Empirical Assessment Everaldo Lamprea and Angela M. Páez9. Are Courts Colour Blind to Country? Indigenous Cultural Heritage, Environmental Law and the Australian Judicial System Lauren Butterly and Rachel Pepper10. What Chinese Courts Could Learn From the U.S.A.: The Approach of Public Interest Litigation Under the New China Environmental Protection LawZhuoxian Zhang 11. Protection of Environmental Rights of Citizens in the Courts of Kazakhstan, Russia and Ukraine Oleksandra Chornous and Nicolay KichiginPart IV Courts in Action12. 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 Liu13. Enhancing Corporate Responsibilities to Fulfill the Right to a Clean Environment: Lessons Learned from Indonesian Courts Yetty Komalasari Dewi and Anbar Jayadi14. The Urgenda case: A Successful Example of Public Interest Litigation for the Protection of the Environment? Otto Spijkers15. U.S.A. Climate Change Adjudication: The Epic Journey from a Petition for Rulemaking to National Greenhouse Gas Regulation David Hodas16. A Review of Environmental Courts and Tribunals for Civil Society Organisations and the Judiciary Ria Guidone and Holly Jonas17. Swedish Environmental Courts – Specialized Civil and Administrative Courts Anders BengtssonIndex