Taking aims seriously – how legal ecology affects judicial decision-making (Pallonitty)

Author Tiina Pallonitty Keywords Methodology of environmental law, judicial decision-making, water management, legal theory, principles, rights, rules Abstract This article reflects upon key challenges that ecology as a field of science has brought to modern environmental law as it operates within civil law systems. An example from European water management regulation elucidates how the traditional […]

Gandhi’s Nightmare: Bhopal and the Need for a Mindful Jurisprudence (N. A. Patel, K. Petlakh)

Authors Nehal A. Patel and Ksenia Petlakh Keywords mindful, legal theory, non-western, Gandhi, jurisprudence, transnational, international, human rights, environment, corporation, industrial Abstract For decades, activists and academics have been lamenting the disparate impact of global environmental decay on populations less endowed with legal resources. However, the implicit biases of legal theory itself remain unchallenged even […]

Wild law: sustainable development and beyond? (B. Pontin – editorial)

Author Ben Pontin (editorial) Keywords Wild law; legal theory; Earth jurisprudence; governance; sustainable development; climate change. Abstract This is an editorial in ELM that introduces an issue that is dedicated to Cormac Cullinan’s legal theory that was put forward in ‘Wild law: a manifesto for Earth justice’. The theory is centred upon ‘Earth jurisprudence’; a […]

Environmental Risk: The Responsibilities of the Law and Science (Lord Woolf)

Author Lord Woolf (lecture) Keywords Environmental law, Environmental Law Foundation, GMO’s, science and technology, the human environment, Human Rights Act, an environmental court, public trust, the precautionary principle, freedom of information. Abstract This lecture was given at the ‘Environmental Law Foundation Professor David Hall Lecture’ at the Brunei Gallery, University of London (24th May 2001). […]

Deriving environmental rights from the ECHR (M. DeMerieux)

Author Margaret DeMerieux Keywords ECHR, lack of specific Article(s) in the Convention that protection human environmental right(s), theoretical approaches, possible formulation of specific right(s). Court’s approch, adequate human environmental protection can be derived from existing framework. Abstract This article examines the way in which the organs of the European Human Rights Convention have dealt with […]