Book contents
- Reviews
- International Judicial Practice on the Environment
- Studies on International Courts and Tribunals
- International Judicial Practice on the Environment
- Copyright page
- Contents
- Contributors
- Acknowledgements
- Table of Cases
- Introduction International Courts and the Environment: the Quest for Legitimacy
- Part I Procedural Legitimacy of Judicial Environmental Practice: Access to Justice
- Part II Legitimacy and Scientific Certainty: Environmental Adjudication, Use of Experts and the Limits of Science
- 4 Scientific Uncertainties: a Nightmare for Environmental Adjudicators
- 5 Ignorance, Uncertainty and Biodiversity: Decision-Making by the Court of Justice of the European Union
- Part III Judges as Law-Makers: Legitimate Development of Environmental Law
- Part IV Legitimacy of Outcomes: Performance, Effects (and Side-Effects)
- Part V The Legitimacy of Non-Compliance Procedures
- Part VI The Limits of Environmental Justice through Courts: Balancing Legitimacy with the Need for Creativity
- Index
5 - Ignorance, Uncertainty and Biodiversity: Decision-Making by the Court of Justice of the European Union
from Part II - Legitimacy and Scientific Certainty: Environmental Adjudication, Use of Experts and the Limits of Science
Published online by Cambridge University Press: 15 April 2019
Edited by
Book contents
- Reviews
- International Judicial Practice on the Environment
- Studies on International Courts and Tribunals
- International Judicial Practice on the Environment
- Copyright page
- Contents
- Contributors
- Acknowledgements
- Table of Cases
- Introduction International Courts and the Environment: the Quest for Legitimacy
- Part I Procedural Legitimacy of Judicial Environmental Practice: Access to Justice
- Part II Legitimacy and Scientific Certainty: Environmental Adjudication, Use of Experts and the Limits of Science
- 4 Scientific Uncertainties: a Nightmare for Environmental Adjudicators
- 5 Ignorance, Uncertainty and Biodiversity: Decision-Making by the Court of Justice of the European Union
- Part III Judges as Law-Makers: Legitimate Development of Environmental Law
- Part IV Legitimacy of Outcomes: Performance, Effects (and Side-Effects)
- Part V The Legitimacy of Non-Compliance Procedures
- Part VI The Limits of Environmental Justice through Courts: Balancing Legitimacy with the Need for Creativity
- Index
Summary
Conflicts in conservation often include aspects of ignorance and uncertainty. This chapter concentrates on conflicts dealing with at least one of these aspects and occurring in connection with the EU Birds and Fauna-Flora-Habitat Directives. It offers practical examples of such conflicts regarding species protection as well as habitat conservation, based on several judgements of the Court of Justice of the European Union.
- Type
- Chapter
- Information
- International Judicial Practice on the EnvironmentQuestions of Legitimacy, pp. 146 - 164Publisher: Cambridge University PressPrint publication year: 2019