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Book Chapter
International Environmental Law
Dan Bodansky
The Cambridge Companion to the International Court of Justice
Carlos Esposito & Kate Parlett eds., Cambridge University Press 2023
 
Open Access  |  Library Access

Abstract:

This chapter examines the ICJ’s influence on international environmental law. Drawing on concrete examples, the author identifies six ways in which the Court’s jurisprudence has contributed to environmental law: by articulating foundational principles; by acting as a gatekeeper for customary international law; by elaborating existing principles; by interpreting environmental agreements; by valuing environmental harms; and by incorporating environmental considerations into other areas of international law. The author reflects on potential future evolutions of the Court’s role in the international environmental law space, given the increasing number of disputes that the Court has addressed in this field in recent years.
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