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An Environmental Court in Action: Function, Doctrine and Process (eBook)

Edited by: Elizabeth C. Fisher, Brian Preston

ISBN13: 9781509941049

Published: July 2022

Publisher: Hart Publishing

Country of Publication: UK

Format: eBook (ePub)

Price: £37.79
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9781509941032

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This book provides a critical assessment of the New South Wales Land and Environmental Court (NSWLEC). Effective adjudication has become a key consideration for environmental lawyers. One of the most important questions is whether environmental law frameworks need their own courts, with the conclusion being: yes they do. Here, a pioneer of such a court, the NSWLEC is forensically examined to see what it might teach other such courts. Showing a court 'in action' it suggests models that practitioners and policy makers might follow. It also speaks to the environmental law scholars, setting out a conceptual framework for studying such courts as legal institutions. This multi-faceted collection is invaluable to scholars and practitioners alike.

Subjects:: Environmental Law, eBooks

Contents:: 1. The Many Facets of a Cutting-Edge Court: A Study of the Land and Environment Court of New South Wales; The Hon Justice Brian J Preston (Chief Judge of the Land and Environment Court of New South Wales, Australia); PART I. FUNCTION; 2. From Reactive to Proactive Decision-Making by the Land and Environment Court of New South Wales; Douglas Fisher (Queensland University of Technology, Australia); 3. The Place of the Land and Environment Court in the Planning System of New South Wales; Leslie Stein (University of Sydney, Australia); 4. The Land and Environment Court of New South Wales and the Transnationalisation of Climate Law: The Case of Gloucester Resources v Minister for Planning; Jacqueline Peel (University of Melbourne, Australia); 5. Transnational Dimensions of the Land and Environment Court of New South Wales; Ben Boer (University of Sydney, Australia); 6. The International Outreach of the Land and Environment Court of New South Wales: Diffusion in India; Gitanjali Nain Gill (Northumbria University, UK); PART II. DOCTRINE; 7. Biodiversity and the Land and Environment Court of New South Wales; Paul Adam (University of New South Wales, Australia); 8. Environmental Principles and the Construction of a New Body of Legal Reasoning; Eloise Scotford (University College London, UK); 9. The Land and Environment Court of New South Wales and the Recognition of Indigenous Peoples' Environmental Rights; Megan Davis (Indigenous Law Centre, and UNSW, Australia); 10. The Administrative Law Expertise of the Land and Environment Court of New South Wales; Elizabeth Fisher (University of Oxford, UK); 11. Ecocentrism and Criminal Proceedings for Offences against Environmental Laws; Rob White (University of Tasmania); PART III. PROCESS; 12. You Can Only Keep Something by Giving it Away; Tim Bonyhady (Australian National University); 13. 'Please Come In': Access to Justice and the Development of Jurisprudence in the Land and Environment Court of New South Wales; Jeff Smith (Australian centre for Climate and Environmental Law and Sue Higginson (an environmental lawyer in Australia); 14. Alternative Dispute Resolution in the Land and Environment Court of New South Wales; Mary Walker OAM (International Bar Association Mediation Committee); 15. The Land and Environment Court of New South Wales: Normative Legitimacy and Adjudicative Integrity; Ceri Warnock (University of Otago, New Zealand); CONCLUSION; 16. Afterword: Law in Unexpected Places; Elizabeth Fisher (University of Oxford, UK)