Edited by Douglas Fisher
Chapter 9: The development of international environmental law by the International Court of Justice
According to the mainstream narrative, the International Court of Justice (ICJ) has tended to be labelled a follower rather than a leader in the advancement of environmental law principles by responding slowly and cautiously to external developments, and by refraining from offering definitive conclusions on controversial environmental disputes. This chapter surveys the ICJ’s growing body of environmental jurisprudence and contends that there are strong indications, revealed particularly clearly in several recent decisions, that the ICJ has both the willingness and the capacity to address environmental matters more directly and substantively.
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