Are international courts the best adjudicators of environmental disputes?

Author(s):  
Itzchak E Kornfeld
2019 ◽  
Vol 88 (4) ◽  
pp. 489-524 ◽  
Author(s):  
Justine Bendel

This article examines the ways in which international courts and tribunals should utilise their powers to prescribe provisional measures in the context of environmental disputes. The article makes the case that the system of dispute resolution has the capacity to adapt to the specific needs of environmental disputes. By analysing the key features of provisional measures and extracting new judicial trends, new light is shed on two core issues: first, this article develops a theoretical framework within which provisional measures should be understood in order to achieve their aim. Second, it shows how a certain level of judicial creativity in the design of provisional measures can have implications on whether such measures can be enforced through innovative cooperation with other institutional bodies. As a result, this article argues that provisional measures can fill the gap of enforcement in international environmental law and become a pivotal instrument in environmental protection.


Author(s):  
Karen J. Alter

In 1989, when the Cold War ended, there were six permanent international courts. Today there are more than two dozen that have collectively issued over thirty-seven thousand binding legal rulings. This book charts the developments and trends in the creation and role of international courts, and explains how the delegation of authority to international judicial institutions influences global and domestic politics. The book presents an in-depth look at the scope and powers of international courts operating around the world. Focusing on dispute resolution, enforcement, administrative review, and constitutional review, the book argues that international courts alter politics by providing legal, symbolic, and leverage resources that shift the political balance in favor of domestic and international actors who prefer policies more consistent with international law objectives. International courts name violations of the law and perhaps specify remedies. The book explains how this limited power—the power to speak the law—translates into political influence, and it considers eighteen case studies, showing how international courts change state behavior. The case studies, spanning issue areas and regions of the world, collectively elucidate the political factors that often intervene to limit whether or not international courts are invoked and whether international judges dare to demand significant changes in state practices.


Sign in / Sign up

Export Citation Format

Share Document