published_or_final_version / Law / Doctoral / Doctor of Philosophy

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Thesis (Ph. D.)--University of Hong Kong, 2008. / Includes bibliographical references (p. 363-382) Also available in print.

Thesis (Ph. D.)--University of Wisconsin--Madison, 1947. / Typescript. eContent provider-neutral record in process. Description based on print version record.

International environmental law is one of the most dynamic fields of public international law, and has rapidly acquired great breadth and sophistication. Yet the rate of global environmental decline has also increased and is accelerating. Halting and reversing this process is a challenge of effective governance, requiring institutions that can ensure that the now impressive body of environmental norms is faithfully implemented. This thesis explores whether and to what extent international courts and tribunals can play a useful role in international environmental regimes. Consideration is given to the threefold function of adjudication in resolving environmental disputes, in promoting compliance with environmental standards, and in developing environmental rules. The thesis is divided into three Parts. The first Part examines the spectrum of adjudicative bodies that have been involved in the resolution of environmental disputes, situates these within the evolution of institutions for compliance control, and offers a reassessment of their relevance in contemporary environmental governance. The second Part critically assesses the contribution that arbitral awards and judicial decisions have made to the development of norms and principles of environmental law, examining case law relating to transboundary pollution, shared freshwater resources and marine environmental protection. In the third Part of the thesis consideration is given to three looming challenges for international environmental litigation: accommodating greater levels of public participation in adjudicative processes, resolving practical problems stemming from the interaction among multiple jurisdictions, and ensuring that specialised courts and tribunals do not apply environmental norms in a parochial manner that privileges the policy objectives of issue-specific regimes.

International environmental law is one of the most dynamic fields of public international law, and has rapidly acquired great breadth and sophistication. Yet the rate of global environmental decline has also increased and is accelerating. Halting and reversing this process is a challenge of effective governance, requiring institutions that can ensure that the now impressive body of environmental norms is faithfully implemented. This thesis explores whether and to what extent international courts and tribunals can play a useful role in international environmental regimes. Consideration is given to the threefold function of adjudication in resolving environmental disputes, in promoting compliance with environmental standards, and in developing environmental rules. The thesis is divided into three Parts. The first Part examines the spectrum of adjudicative bodies that have been involved in the resolution of environmental disputes, situates these within the evolution of institutions for compliance control, and offers a reassessment of their relevance in contemporary environmental governance. The second Part critically assesses the contribution that arbitral awards and judicial decisions have made to the development of norms and principles of environmental law, examining case law relating to transboundary pollution, shared freshwater resources and marine environmental protection. In the third Part of the thesis consideration is given to three looming challenges for international environmental litigation: accommodating greater levels of public participation in adjudicative processes, resolving practical problems stemming from the interaction among multiple jurisdictions, and ensuring that specialised courts and tribunals do not apply environmental norms in a parochial manner that privileges the policy objectives of issue-specific regimes.

In recent decades, international courts have proliferated the international system - a trend often referred to as the "judicialization" of international law and politics. States create international courts to promote greater compliance with international law, and have increasingly embedded these actors within various international regimes. Scholars have primarily analyzed the consequences of the judicialization trend based on international judges' authority for interpreting and applying international law, adjudicating international disputes, and rendering binding rulings. However, international courts, especially when conceptualized as international organizations, also perform a variety of activities beyond adjudication. This study theorizes international courts' agency, in both its judicial and non-judicial dimensions, to explain how international courts aim to influence actors' behaviour and promote greater compliance within their international legal regimes. As a foundation, it conceptualizes the various approaches through which international courts can promote compliance with international law, showing how international courts can appeal to actors' logics of consequences and appropriateness, either through their own agency or through using intermediary actors. An original dataset on the prevalence of these approaches across all twenty-three permanent international courts reveals significant variation in whether and how international courts have expanded their approaches for promoting compliance. International courts' level of autonomy influences their capacity for entrepreneurship and developing their approaches. Furthermore, their levels of acceptance and accessibility affect their adoption of particular approaches. Drawing on archival and interview research, ten case studies of a range of global and regional international courts, operating in a variety of issue areas and contexts, elucidate international courts' variable expansion of approaches based on these core variables. The study shows that international courts are dynamic and strategic actors, which address challenges and exploit opportunities to increase their influence and promote compliance within their international regimes.

Pas de résumé / Doctorat en droit / info:eu-repo/semantics/nonPublished

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The status of international courts in the area of environmental protection is gaining importance as well as the entire branch of international enviromental law, which is also demonstrated by the creation of many treaties and increasing number of entities solving the international environmental disputes. The right to a favorable environment in addition begins to be understood as a human right, which can be claimed at the international level. The courts handle disputes through judgements, but they also provide advisory opinions, impose provisional measures or obligations to cooperate with the other party, they often help to define legal principles. They contribute to the legal certainity and because of the persuasiveness of thein arguments, their jurisprudence acts similar to precedent. Although their decisions are usually not enforceable, the courts have such authority, that their decisions are respected without exception. The activities of international courts are irreplaceable and contributes to the development of environmental law. Powered by TCPDF (www.tcpdf.org)