International Court of Justice Part 6

Climate change litigation
Hon Justice Brian J Preston
Environmental and Planning Law Journal
Volume 26, Number 3, May 2009 p.169

In the absence of an international treaty to address global warming, climate change litigation is presenting itself as an attractive alternative path to address the effects of climate change. Environmental groups and affected individuals and groups have taken up the challenge and brought climate change related actions before the courts. Lawsuits have targeted unresponsive governments or companies that are major greenhouse gas emitters. This article focuses on avenues that have been used, and other potential causes of action which could be used, to litigate issues relating to climate change. At the national level, plaintiffs have used tort law (public Nuisance , negligence, civil conspiracy, and misrepresentation), Administrative law (merits review and judicial review proceedings) or constitutional law grounds (enforcement of a constitutional right). Environmental disputes have also been litigated before a range of international fora, including the International Court of Justice , the International Tribunal for the Law of the Sea or regional human rights courts.

What is Global Justice and Who Decides? Civil Society and Victim Responses to the International Criminal Court ‘s First Investigations
Marlies Glasius
Human Rights Quarterly
Volume 31, Number 2, May 2009 p.496

Questioning the Silence of the Bench: Reflections on Oral Proceedings at the International Court of Justice
Cecily Rose
Florida State University Journal of Transnational Law & Policy
Volume 18, Number 1, Fall 2008 p.47

HAGUE INTERNATIONAL TRIBUNALS: International Court of Justice
Leiden Journal of International Law
Volume 22, Number 2, June 2009

Summary: Germany’s Acceptance of the Compulsory Jurisdiction of the International Court of Justice
Heidelberg Journal of International Law
Volume 68, Number 3, 2008 p.774

The Court-martial of Corporal Payne and Others and the Future Landscape of International Criminal Justice
Nathan Rasiah
Journal of International Criminal Justice
Volume 7, Number 1, March 2009 p.177-199

Cambodian Extraordinary Chambers: A mixed tribunal destined to fail
Christina Son and Grant Niemann
Criminal Law Journal
Volume 33, Number 2, April 2009 p.105

This article examines the Extraordinary Chambers in the Courts of Cambodia in terms of its ability to provide a fair and open trial to the perpetrators of the crimes committed by the surviving senior members of the Khmer Rouge regime of Pol Pot, and at the same time render justice to the long-suffering victims of those crimes. The allegations of corruption, deliberate delay, judicial incompetence and political interference surrounding the court are considered and it is suggested that the achievement of a fair and open trial in the prevailing circumstances of Cambodia may make this an especially difficult task. The article laments the fact that the United Nations did not hold its ground with Hun Sen’s government of Cambodia during the negotiating of the courts treaty to ensure that the international judges and prosecutors would not be subordinated to the will of the Cambodian appointees.The difficulties confronting the work of the court are compounded by other factors such as the age and frailty of the defendants, the legality or otherwise of amnesties given to many of them by the Cambodian government and the lack of adequate funding which has plagued the court since its inception.

THE UNITED STATES’ WITHDRAWAL FROM INTERNATIONAL COURT OF JUSTICE JURISDICTION IN CONSULAR CASES: REASONS AND CONSEQUENCES
John Quigley
Duke Journal of Comparative & International Law
Volume 19, Number 2, Winter 2009 p.263

THE FUTURE OF GENOCIDE SUITS AT THE INTERNATIONAL COURT OF JUSTICE: FRANCE’S ROLE IN RWANDA AND IMPLICATIONS OF THE BOSNIA V. SERBIA DECISION
Paul Schmitt
Georgetown Journal of International Law
Volume 40, Number 2, Winter 2009 p.585

Notes on the International Court of Justice (Part 2): Reform Proposals Regarding the International Court of Justice-A Preliminary Report for the International Law Association Study Group on United Nations Reform
Sienho Yee
Chinese Journal of International Law
Volume 8, Number 1, March 2009 p.181-189

Author: international

Mentioned in these Entries

Administrative law, International Court of Justice, International Criminal Court, Nuisance.