This chapter focuses on the scope of the public to challenge environmental decisions before the courts. A central focus is judicial review and the occasional reluctance of the UK courts to intervene in environmental law matters, deferring instead to administrative decision-makers. Central to this is also the rules of standing, the complex regime for costs protection (which is largely derived from the Aarhus Convention), and the general rules of public law. The chapter finishes with a discussion of alternative, non-judicial compliance bodies, including the Information Commissioner.
Chapter
10. Access to environmental justice and the role of the courts
Stuart Bell, Donald McGillivray, Ole W. Pedersen, Emma Lees, and Elen Stokes
Chapter
5. International law and environmental protection
Stuart Bell, Donald McGillivray, Ole W. Pedersen, Emma Lees, and Elen Stokes
This chapter explores the role of international law in shaping domestic environmental law. It discusses the sources of international law, some of the key international cases, and how these relate to environmental law. The chapter also focuses on key developments in international law, including some of important conferences and summits that have laid the foundations for many of the key international legal instruments as well as specific issues such as the challenge of compliance and the relationship between international trade and the environment. Building on the discussion in Chapter 3, the chapter explores the role of international human rights in the context of the environment.
