from Part II - The Individual in the Practice of the International Court of Justice
Published online by Cambridge University Press: 25 March 2025
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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