Legal Reasoning in Environmental Law
Show Less

Legal Reasoning in Environmental Law

A Study of Structure, Form and Language

Douglas Fisher

Legal Reasoning in Environmental Law provides a comprehensive review and analysis of the range of legal reasoning processes to support the understanding, interpretation and application of international, regional and national rules of environmental law.
Buy Book in Print
Show Summary Details
You do not have access to this content

Chapter 15: Rules informing adjudication

A Study of Structure, Form and Language

Douglas Fisher


So much for a speculative analysis of a number of statutory instruments. Let us turn now to a review of how a range of judicial institutions have analysed relevant sets of statutory arrangements. We approach this in three ways. What is the scope of the legislation, first, in terms of the areas to which it applies and, second, in terms of the subject matter to which it applies. There is, third, the issue of liability. The traditional function of adjudication is part of the environmental legal system. Liability may arise when the activities of one person impact upon another person. In this respect the function of the judicial institution is to determine what has happened in the past and to decide whether there has been a breach of an obligation. In some respects liability in this sense may attach to the consequences of decision-making rather than of operational activities. The legitimacy of decision-making activities is much more important in the context of future rather than past activities. In other words, is what is proposed capable of being justified in accordance with the rules applicable to the decision-making process? Issues such as these dominate the way in which environmental law is developing. Let us deal in this chapter with the issues of application and liability before turning to the more difficult issue of the legitimacy of decision-making processes about future activities. The courts in the United States of America have addressed on two occasions the territorial scope of the National Environmental Policy Act 1969.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information

or login to access all content.