The Role of Environmental Courts and Tribunals in Delivering Environmental Justice

Brian J Preston

Chapter 1 The Role of Environmental Courts and Tribunals in Delivering Environmental Justice

In: Environmental Courts and Tribunals in Asia-Pacific

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The Honourable Justice Brian J Preston

The Honourable Justice Brian J Preston
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Type:: Chapter

Pages:: 3–28

DOI:: https://doi.org/10.1163/9789004695863_002

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Abstract

This chapter explores the role of courts and tribunals in promoting environmental justice. In particular, it examines whether specialist environmental courts and tribunals are better equipped to manage and resolve environmental disputes than their generalist counterparts and, if so, why. The exploration is in three parts: first, what the concept of environmental justice involves, namely the three components of distributive, procedural and recognition justice; second, what environmental courts and tribunals do, through the analytical frames of function, doctrine and process; and third, how environmental courts and tribunals do what they do, through analyzing their competences and expertises. Adopting these lenses, this chapter evaluates how environmental courts and tribunals are better able to deliver environmental justice than conventional courts.

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Environmental Courts and Tribunals in Asia-Pacific

Best Practices, Challenges and the Way Forward

Series: Brill's Asian Law Series, Volume: 13

Cover Environmental Courts and Tribunals in Asia-Pacific

E-Book ISBN:: 9789004695863

Publisher:: Brill | Nijhoff

Print Publication Date:: 30 Oct 2024

Subjects
- International Law
  - Public International Law
  - Environmental & Energy Law

Front Matter

Part 1 Bridging the Gap: Theories and Practice of ECTs in Asia-Pacific

Part 2 Challenges and Benefits of ECTs in Asia-Pacific: Case Studies

Part 3 Regional Perspectives on ECTS: Prospects and Challenges

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Chapter 1 The Role of Environmental Courts and Tribunals in Delivering Environmental Justice

Abstract

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Environmental Courts and Tribunals in Asia-Pacific

Best Practices, Challenges and the Way Forward

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