Book contents
- The Individual in the Law and Practice of the International Court of Justice
- Cambridge Studies in International and Comparative Law: 192
- The Individual in the Law and Practice of the International Court of Justice
- Copyright page
- Contents
- Foreword
- Acknowledgements
- Table of Cases
- Introduction
- Part I The Individual in the Law of the International Court of Justice
- Part II The Individual in the Practice of the International Court of Justice
- 6 Maritime Disputes
- 7 Territorial Disputes
- 8 Environmental Disputes
- 9 Sources
- 10 Remarks on Practice
- 11 Final Thoughts
- Bibliography
- Index
- Cambridge Studies in International and Comparative Law
8 - Environmental Disputes
from Part II - The Individual in the Practice of the International Court of Justice
Published online by Cambridge University Press: 25 March 2025
- The Individual in the Law and Practice of the International Court of Justice
- Cambridge Studies in International and Comparative Law: 192
- The Individual in the Law and Practice of the International Court of Justice
- Copyright page
- Contents
- Foreword
- Acknowledgements
- Table of Cases
- Introduction
- Part I The Individual in the Law of the International Court of Justice
- Part II The Individual in the Practice of the International Court of Justice
- 6 Maritime Disputes
- 7 Territorial Disputes
- 8 Environmental Disputes
- 9 Sources
- 10 Remarks on Practice
- 11 Final Thoughts
- Bibliography
- Index
- Cambridge Studies in International and Comparative Law
Summary
This chapter argues that such judicialisation before the ICJ has not developed international environmental law in a way favourable to victims of environmental degradation. It first observes that certain promising human rights-focused environmental disputes were discontinued, indicating that other forms of peaceful dispute settlement remain significant in the environmental context. It then argues that raising arguments in certain incidental proceedings in environmental disputes, such as counterclaims, have limited the potential for certain decisions to develop peoples’ rights in environmental disputes. Finally, it argues that the Court’s perceived judicial caution has limited its ability to clarify the role of local populations in environmental impact assessments (EIAs) and develop certain environmental principles in light of populations, such as the precautionary principle or the principle of intergenerational equity.
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- Publisher: Cambridge University PressPrint publication year: 2025