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17 - Enhanced Implementation and Enforcement of International Environmental Laws by the Judiciary

Published online by Cambridge University Press:  10 August 2009

Alfred Rest
Affiliation:
Germany
Adrian J. Bradbrook
Affiliation:
University of Adelaide
Rosemary Lyster
Affiliation:
University of Sydney
Richard L. Ottinger
Affiliation:
Pace University, New York
Wang Xi
Affiliation:
Shanghai Jiao Tong University, China
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Summary

INTRODUCTION

At present, an environmental crisis looms large, for which two major interrelated causes can be identified: continuing environmental degradation and a lack of respect for the law, together with a changed approach to ethical and moral values. Recent monitoring and data collection systems evidence increasing, and somewhat frightening, threats and damage to the environment. These are sometimes of a transboundary/transnational nature and have deleterious global and national effects.

INTERNATIONAL EFFORTS TO FORMULATE AND IMPLEMENT SUSTAINABLE DEVELOPMENT POLICIES

Although endeavors, on national and international levels, to prevent environmental risks and infringements have intensified since the Rio Conference, the goals of environmental protection have not yet been adequately achieved. This has been confirmed in the UN Millennium Development Declaration of September 2000 (Millennium Declaration) and again by the Johannesburg Declaration on Sustainable Development in September 2002 (Johannesburg Declaration). In particular, paragraph 13 of the Johannesburg Declaration provides: “The global environment continues to suffer. Loss of biodiversity continues, fish stocks continue to be depleted, desertification claims more and more fertile land, the adverse effects of climate change are already evident, natural disasters are more frequent and more devastating and developing countries more vulnerable, and air, water and marine pollution continue to rob millions of a decent life.”

As a blueprint for change, the Millennium Declaration stressed the urgent need to implement and respect principles of equity and social justice; of tolerance; and the eradication of poverty.

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Publisher: Cambridge University Press
Print publication year: 2005

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