Courts and the Environment
Show Less

Courts and the Environment

Edited by Christina Voigt and Zen Makuch

This discerning book examines the challenges, opportunities and solutions for courts adjudicating on environmental cases. It offers a critical analysis of the practice and judgments of courts from various representative and influential jurisdictions.
Buy Book in Print
Show Summary Details
You do not have access to this content

Chapter 3: The legitimate role of rights-based approaches to environmental conflict resolution

Trevor Daya-Winterbottom


Rights-based approaches to environmental conflict resolution should be viewed from the wider public law context. For example, Martin Loughlin maps the transition from a liberty-focused constraint on law based on jurisdiction, to a rights-focused approach, to ‘intensive’ judicial review based on legality. This seismic shift away from common law (customary or practical) reasoning adopts a constitutional or statutory approach to describing liberties normatively using the ‘language of rights’, and builds upon the academic tradition that seeks to aid understanding by setting ‘forth the law as a coherent whole’ and ‘reducing the mass of legal rules to an orderly series of principles’. This chapter will explore and critically analyse the effect of these trends on environmental conflict resolution from a trans-national New Zealand perspective. The underlying thesis of this chapter is that the possibilities and tensions experienced by the courts in crafting a principled approach to human rights jurisprudence provides a transparent methodology for determining polycentric issues, and that there is a legitimate role for rights-based approaches to resolving environmental conflict.

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.