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17 - International Environmental Law

from Part III - The Impact of the ICJ’s Jurisprudence

Published online by Cambridge University Press:  18 May 2023

By
Daniel Bodansky
Edited by
Carlos Espósito  and
Kate Parlett
Carlos Espósito
Affiliation:
Universidad Autónoma de Madrid
Kate Parlett
Affiliation:
Twenty Essex, London
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Summary

This chapter examines the ICJ’s influence on international environmental law. Drawing on concrete examples, the author identifies six ways in which the Court’s jurisprudence has contributed to environmental law: by articulating foundational principles; by acting as a gatekeeper for customary international law; by elaborating existing principles; by interpreting environmental agreements; by valuing environmental harms; and by incorporating environmental considerations into other areas of international law. The author reflects on potential future evolutions of the Court’s role in the international environmental law space, given the increasing number of disputes that the Court has addressed in this field in recent years.

Keywords

international environmental lawdevelopment of international environmental lawduty to preventprocedural dutiesenvironmental impact assessmentenvironmental agreementsenvironmental harmsglobal commonsprecautionary approachsustainable development
Type
Chapter
Information
The Cambridge Companion to the International Court of Justice , pp. 389 - 410
Publisher: Cambridge University Press
Print publication year: 2023

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References

Further Reading

Bodansky, D., ‘Adjudication vs. Negotiation in Protecting Environmental Commons’, 41 University of Hawai’i Law Review (2019) 260.Google Scholar
Fitzmaurice, M., ‘The International Court of Justice and International Environmental Law’, in Tams, C. J. and Sloan, J. (eds.), The Development of International Law by the International Court of Justice (Oxford University Press), 2013, p. 353.CrossRefGoogle Scholar
Kornfeld, I. E., ‘Are International Courts the Best Adjudicators of Environmental Disputes?’, in Paddock, L. C., Glicksman, R. L. and Bryner, N. S. (eds.), Encyclopedia of Environmental Law vol. II (Elgar, 2016), p. 441.Google Scholar
Stephens, T, International Courts and Environmental Protection (Cambridge University Press, 2009).Google Scholar
Viñuales, J. E., ‘The Contribution of the International Court of Justice to the Development of International Environmental Law: An Assessment’, 32 Fordham International Law Journal (2008) 232.Google Scholar

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