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Stephens, Tim --- "The development of international environmental law by the International Court of Justice" [2016] ELECD 1371; in Fisher, Douglas (ed), "Research Handbook on Fundamental Concepts of Environmental Law" (Edward Elgar Publishing, 2016) 221

Book Title: Research Handbook on Fundamental Concepts of Environmental Law

Editor(s): Fisher, Douglas

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781784714642

Section: Chapter 9

Section Title: The development of international environmental law by the International Court of Justice

Author(s): Stephens, Tim

Number of pages: 27

Abstract/Description:

According to the mainstream narrative, the International Court of Justice (ICJ) has tended to be labelled a follower rather than a leader in the advancement of environmental law principles by responding slowly and cautiously to external developments, and by refraining from offering definitive conclusions on controversial environmental disputes. This chapter surveys the ICJ’s growing body of environmental jurisprudence and contends that there are strong indications, revealed particularly clearly in several recent decisions, that the ICJ has both the willingness and the capacity to address environmental matters more directly and substantively.