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International Journal of Environment Science and Technology
Center for Environment and Energy Research and Studies (CEERS)
ISSN: 1735-1472
EISSN: 1735-2630
Vol. 12, No. 10, 2015, pp. 3391-3404
Bioline Code: st15318
Full paper language: English
Document type: Review Article
Document available free of charge

International Journal of Environment Science and Technology, Vol. 12, No. 10, 2015, pp. 3391-3404

 en 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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