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International Journal of Environment Science and Technology
Center for Environment and Energy Research and Studies (CEERS)
ISSN: 1735-1472 EISSN: 1735-1472
Vol. 12, No. 10, 2015, pp. 3391-3404
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Bioline Code: st15318
Full paper language: English
Document type: Review Article
Document available free of charge
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International Journal of Environment Science and Technology, Vol. 12, No. 10, 2015, pp. 3391-3404
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A deliberation on recent legal cases and judgments of the International Court of Justice on environmental disputes
Zarei, S.; Poorhashemi, S. A. & Pournouri, M.
Abstract
Both national and international judgments and
judicial precedents play an important role in the development
of legal regimes. In the light of judgments and judicial
precedents, the administration of justice and judicial
security can be measured in every legal system. In this
context, the International Court of Justice and other international
judicial and arbitral bodies have an important role
to play in the development of international law, particularly
in international environmental law. In addition, judgments
and judicial precedents of international courts, especially
the International Court of Justice can affirm new legal rules
and principles that can contribute to the development of
international environmental law. This research through
content analysis attempts to analyze the capacity and
capability of new international judgments and judicial
precedents of the International Court of Justice on environmental
issues in influencing the development of environmental
law. For this purpose, this study attempts to
analyze five recent legal cases of the International Court of
Justice. It also provides guidelines for applicable solutions
by identifying legal gaps and existing inefficiencies.
Keywords
International environmental law; Judgments and judicial precedents; Environmental protection; Development of environmental law; International Court of Justice; Environmental disputes
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