Judicial Handbook on Environmental Law

Front Cover
Deterioration of the Earth's environment increasingly threatens the natural resource base and processes upon which all life on Earth depends. Humans are rapidly exceeding the carrying capacity of the environment and coming generations will suffer deprivation and hardship unless current patterns of production, consumption and waste management are dramatically altered. This handbook is intended to enable national judges in all types of tribunals in both civil law and common law jurisdictions to identify environmental issues coming before them and to be aware of the range of options available to them in interpreting and applying the law. Publishing Agency: United Nations Environment Programme (UNEP).

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Contents

Message from the Executive Director of UNEP
Page TABLE OF BOXES
PART A GENERAL FRAMEWORK 3
Defining Environment
Judicial Review of Administrative Decisions 9
Criminal Responsibility of Corporate Officials 10
Toxic Tort Litigation 11
International Law in National Legal Systems 13
Mandamus 54
Environmental Crimes and Punishment 60
Disgorging the Economic Benefit of Noncompliance 61
Monitoring Judgments 62
PART B PRINCIPAL AREAS OF ENVIRONMENTAL
Air 79
Greenhouse Gases
Soil 87

Using International Law to Interpret Domestic Law 14
Definition of a Treaty 15
The Trail Smelter Arbitration 17
The Basic Principles of Environmental Law 19
Public Trust and the Environment 25
Environmental Rights 27
Court imposed Licensing Conditions 37
Reviewing EtAs 39
Litigation 43
Public Interest Standing 46
Assessing Scientific Evidence 51
Remedies and Enforcement 53
Soil Protection in Africa 89
Agriculture and Forestry 105
Types of Heritage
Judicial Action to Protect Heritage Sites 111
The Taj Mahal Case 113
Noise 115
Controlling Air Pollution from Transportation 120
Tourism 123
Toxic and Hazardous Substances and Waste 127
The Importance of Enforcing Hazardous Waste Regulatory Requirements 130
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