Courts and the Environment
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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.
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Chapter 16: A review of environmental courts and tribunals for CSOs and the judiciary

Ria Guidone and Holly Jonas

Abstract

This chapter sheds light on specific national ECT experiences, with a focus on the Asia-Pacific region. It further identifies advantages and disadvantages in developing specialized ECTs and lessons learned over the years. ECTs discussed include: (1) the Kenyan Land and Environmental Law Division of the Supreme Court (Green Bench); (2) the Canadian Ontario Environmental Review Tribunal (Independent Tribunal); (3) Sweden’s Regional Environmental Courts (Trial Court) & Environmental Court of Appeal (Appeal Court); (4) Australia’s Land and Environment Court of New South Wales (Appeal Court); (5) China’s Four-tiered Environmental Court System (Trial & Appeal Courts); (6) India’s National Green Tribunal (Independent Tribunal); and (7) the Republic of the Philippines’s 117 General Court Green Benches (Trial & Appellate). ECTs are revealed to play a role in achieving environmental governance, especially given their possibility for adaptation in accordance with the region’s needs.

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