Judicial Examination of Environmental Law (HL IB Environmental Systems & Societies (ESS))

Judicial Examination of Environmental Law

Application in International Courts and Tribunals

• International environmental law and how it is applied to real-world cases are regularly examined and interpreted within international judicial bodies

  • These courts and tribunals play a crucial role in resolving disputes, interpreting treaties, and ensuring compliance with international environmental agreements

Examples of judicial bodies

1. International Court of Justice (ICJ):

• Role: the principal judicial body of the United Nations, the ICJ hears cases involving disputes between states, including those related to environmental issues

• Examples:

  • ICJ cases such as the Pulp Mills on the River Uruguay (Argentina v. Uruguay) have addressed transboundary pollution concerns

  • The Corfu Channel Case (UK v. Albania) addressed issues of state responsibility for environmental damage caused by naval mines

2. International Tribunal for the Law of the Sea (ITLOS):

• Role: a specialised tribunal that judges disputes concerning the interpretation and application of the United Nations Convention on the Law of the Sea (UNCLOS)

• Examples:

  • ITLOS cases like the Land Reclamation by Singapore in and around the Straits of Johor (Malaysia v. Singapore) have addressed environmental concerns in maritime areas

  • The Arctic Sunrise Case (Netherlands v. Russia) involved disputes over environmental protection in the Arctic region

3. European Court of Justice (ECJ):

• Role: ensures the uniform interpretation and application of European Union law, including environmental directives and regulations

• Examples:

  • ECJ cases such as EU Commission v. Portugal have dealt with non-compliance with EU environmental legislation (this case focused on Portugal's failure to comply with EU environmental legislation related to the management, treatment, or disposal of waste materials)

  • The Waste Framework Directive case (C-404/13) later clarified the concept of waste and its application under EU law

Challenges faced by judicial bodies

• Evaluation of compensation:

  • One difficulty is determining appropriate compensation and damages for violations of environmental law

  • In cases of environmental pollution causing harm to ecosystems or communities, assessing the monetary value of environmental damage can be difficult

    • For example, calculating the cost of restoring a polluted river ecosystem to its original state or compensating communities for loss of livelihood due to contamination requires detailed scientific and economic analysis

• Complexity:

  • Environmental cases often involve intricate scientific, technical and legal issues, making fair judgements challenging

  • Cases involving complex environmental issues (such as climate change, biodiversity loss, or toxic contamination by pollutants) require judges to have an expert understanding of scientific concepts, technical data, and legal precedents

    • For example, determining whether industrial emissions are causing health impacts on nearby communities may involve highly sophisticated and lengthy medical studies

• Enforcement:

  • Implementing judgements and ensuring compliance with court decisions can be complex, particularly when multiple jurisdictions are involved

    • For example, enforcing restrictions on deforestation in a transboundary forest area may require cooperation between neighbouring countries and coordination of enforcement efforts across borders

  • Even if a court rules in favour of environmental protection measures, enforcing these decisions may face obstacles such as resistance from polluting industries or inadequate resources for monitoring and enforcement