Environmental Courts and Tribunals: Powers, Integrity and the Search for Legitimacy (Studies in International Law)

"The global phenomenon of the establishment of specialist courts is one of the most important recent developments in environmental law. Although they are generally seen as a much needed innovation, they do pose challenges, particularly around questions of legitimacy. This important book tackles these questions directly, looking specifically at the courts in the common law world. It argues that to fully understand the nature of the adjudication of these courts, a bottom-up approach must be taken: ie the question before the court is determinative. Despite its theoretical focus, the book will also provide invaluable insights to practitioners engaging with these new courts for the first time. An innovative study on a seismic change in how environmental law is adjudicated"-- Provided by publisher Acknowledgements 6 Contents 8 1. Introduction 10 2. Specialist Environment Courts: Mapping the Landscape 33 3. The Struggle to Make Legal Sense of Specialist Environment Courts 70 4. Developing the Theory: Adjudicative Integrity 101 5. Developing the Theory: Contextual Foundations 135 6. The Interactional Theory in Practice 167 7. Conclusion 206 Index 216