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Access to 'international justice' (the jurisdiction of international courts) in the cases of environmental protection
- Source :
- Zbornik radova Pravnog fakulteta, Novi Sad (2014) 48(3):321-335, Zbornik Radova: Pravni Fakultet u Novom Sadu, Vol 48, Iss 3, Pp 321-335 (2014)
- Publication Year :
- 2014
-
Abstract
- This paper deals with the issue of jurisdiction of international courts and tribunals for resolving disputes in the field of environmental protection. In the last few decades there was intense activity of states in the regulation of this field and in achieving this goal numerous international treaties have been concluded. In the cases of their violations there should be an international forum which would resolve this kind of disputes. In this moment there are some courts, tribunals and arbitrations which could resolve environmental disputes. However, these are not specialized courts but under their general competencies they can deal with these disputes. The problem is that States have to accept their jurisdiction, which means that jurisdiction is not compulsory. Also, the private entities do not have the right to access these instances. Courts and committees for the protection of human rights have their role in environmental protection. The Court of Justice of the EU has made a significant progress in enforcing environmental rules, due to its specific position and competencies given to it by the founding treaties of the European Union. The shortcomings of the existing mechanisms for dispute resolution could be avoided by creating a specialized International Court for Environment, but the procedure for its creation is still in progress and it is uncertain whether it will be established or not.
- Subjects :
- media_common.quotation_subject
0211 other engineering and technologies
Original jurisdiction
02 engineering and technology
human rights
Economic Justice
Dispute resolution
Environmental protection
Political science
media_common.cataloged_instance
European union
0505 law
media_common
050502 law
021110 strategic, defence & security studies
International court
Jurisdiction
Human rights
05 social sciences
lcsh:Law
International law
16. Peace & justice
International Court of Justice
13. Climate action
Law
environment
lcsh:K
Subjects
Details
- Language :
- Serbian
- ISSN :
- 05502179
- Database :
- OpenAIRE
- Journal :
- Zbornik radova Pravnog fakulteta, Novi Sad
- Accession number :
- edsair.doi.dedup.....a46d4dc4a1bb0c2a5ce11eb789e0fa21