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This book provides guidance for judicial officer in the conduct of civil proceedings, from preliminary matters to the conduct of final proceedings and the assessment of damages and costs. It contains concise statements of relevant legal principles, references to legislation, sample orders for judicial official to use where suitable and checklists applicable to various kinds of issues that arise in the course of managing and conducting civil litigation.
Contains chapters by academics, judges and activists on the proposed environmental rights of the citizen.
This discerning book examines the challenges, opportunities and solutions for courts adjudicating on environmental cases. It offers a critical analysis of the practice and judgments of courts from various representative and influential jurisdictions.
Modern environmental regulation and its complex intersection with international law has led many jurisdictions to develop environmental courts or tribunals. Strikingly, the list of jurisdictions that have chosen to do this include numerous developing countries, including Bangladesh, Kenya and Malawi. Indeed, it seems that developing nations have taken the task of capacity-building in environmental law more seriously than many developed nations. Environmental Justice in India explores the genesis, operation and effectiveness of the Indian National Green Tribunal (NGT). The book has four key objectives. First, to examine the importance of access to justice in environmental matters promoting sustainability and good governance Second, to provide an analytical and critical account of the judicial structures that offer access to environmental justice in India. Third, to analyse the establishment, working practice and effectiveness of the NGT in advancing a distinctively Indian green jurisprudence. Finally, to present and review the success and external challenges faced and overcome by the NGT resulting in growing usage and public respect for the NGT’s commitment to environmental protection and the welfare of the most affected people. Providing an informative analysis of a growing judicial development in India, this book will be of great interest to students and scholars of environmental justice, environmental law, development studies and sustainable development.
Justice reinvestment was introduced as a response to mass incarceration and racial disparity in the United States in 2003. This book examines justice reinvestment from its origins, its potential as a mechanism for winding back imprisonment rates, and its portability to Australia, the United Kingdom and beyond. The authors analyze the principles and processes of justice reinvestment, including the early neighborhood focus on 'million dollar blocks'. They further scrutinize the claims of evidence-based and data-driven policy, which have been used in the practical implementation strategies featured in bipartisan legislative criminal justice system reforms. This book takes a comparative approach to justice reinvestment by examining the differences in political, legal and cultural contexts between the United States and Australia in particular. It argues for a community-driven approach, originating in vulnerable Indigenous communities with high imprisonment rates, as part of a more general movement for Indigenous democracy. While supporting a social justice approach, the book confronts significantly the problematic features of the politics of locality and community, the process of criminal justice policy transfer, and rationalist conceptions of policy. It will be essential reading for scholars, students and practitioners of criminal justice and criminal law.
This book provides a comprehensive analysis of the illegal extraction of metals and minerals from the perspectives of organized crime theory, green criminology, anti-corruption studies, and victimology. It includes contributions that focus on organized crime-related offences, such as drug trafficking and trafficking in persons, extortion, corruption and money laundering and sheds light on the serious environmental harms caused by illegal mining. Based on a wide range of case studies from the Amazon rainforest through the Ukrainian flatlands to the desert-like savanna of Central African Republic and Australia’s elevated plateaus, this book offers a unique insight into the illegal mining business and the complex relationship between organized crime, corruption, and ecocide. This is the first book-length publication on illegal extraction, trafficking in mined commodities, and ecocide associated with mining. It will appeal to scholars working on organized crime and green crime, including criminologists, sociologists, anthropologists, and legal scholars. Practitioners and the general public may welcome this comprehensive and timely publication to contemplate on resource-scarcity, security, and crime in a rapidly changing world.
"This report lays out a decision-making framework for creating an ECT [environmental court and tribunal] that can be useful in different legal cultures and political situations. It provides the tools and support necessary to enhance access to environmental justice in countries around the world that, in turn, will advance the principles of environmental protection, sustainable development, and intergenerational equity through the institutions responsible for delivering environmental justice"--Introd.
This book is a collection of re-written existing judgments and hypothetical judgments, that offer a 'wild law' perspective. Drawing its inspiration from various feminist judgment projects, this book opens up judicial decision-making to critical scrutiny from a wild law or Earth-centred perspective. In this respect, its experiment with different forms and processes for wild judicial decision-making, unsettles the anthropocentric and property rights assumptions embedded in existing common law, by placing Earth and the greater community of life at the centre of its judgments.
The global phenomenon of the establishment of specialist courts is one of the most important recent developments in environmental law. Although they are generally seen as a much needed innovation, they do pose challenges, particularly around questions of legitimacy. This important book tackles these questions directly, looking specifically at the courts in the common law world. It argues that to fully understand the nature of the adjudication of these courts, a bottom-up approach must be taken: ie the question before the court is determinative. Despite its theoretical focus, the book will also provide invaluable insights to practitioners engaging with these new courts for the first time. An innovative study on a seismic change in how environmental law is adjudicated.