Significant International Environmental Law Cases: 2015-16

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Abstract

This review of significant international environmental cases covers the period from May 2015 to July 2016. A range of judicial bodies feature in these summaries, including the International Court of Justice (ICJ), the World Trade Organisation (WTO) Appellate Body and ad hoc arbitral tribunals in the field of the Law of the Sea and international investment law. The cases illustrate the role that courts and tribunals play in not only settling disputes, but also in developing international rules relating to the protection of the environment, through the interpretation of treaties and the identification of customary international law. These are both iterative processes and many of the cases that feature in this review show how courts and tribunals build upon the existing jurisprudence by either clarifying earlier judicial pronouncements or by applying previous case law to a new situation or context. The cases also demonstrate the continuing innovations in procedural mechanisms to deal with environmental cases, particularly through the use of independent experts to assist judges with making findings of fact on contested scientific issues.
Original languageEnglish
Number of pages18
JournalJournal of Environmental Law
DOIs
Publication statusE-pub ahead of print - 24 Oct 2016

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