Abstract
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.
Original language | English (US) |
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Title of host publication | The Cambridge Companion to |
Subtitle of host publication | The International Court of Justice |
Publisher | Cambridge University Press |
Pages | 389-410 |
Number of pages | 22 |
ISBN (Electronic) | 9781108766241 |
ISBN (Print) | 9781108487252 |
DOIs | |
State | Published - Jan 1 2023 |
Externally published | Yes |
Keywords
- Development of international environmental law
- Duty to prevent
- Environmental agreements
- Environmental harms
- Environmental impact assessment
- Global commons
- International environmental law
- Precautionary approach
- Procedural duties
- Sustainable development
ASJC Scopus subject areas
- General Social Sciences