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THE ROLE OF THE JUDICIARY IN COMBATING CLIMATE CHANGE AND ENVIRONMENTAL PROTECTION

Axel Luttenberger ; Pomorski fakultet Sveučilišta u Rijeci
Lidija Runko Luttenberger orcid id orcid.org/0000-0002-4011-0605 ; Pomorski fakultet Sveučilišta u Rijeci


Puni tekst: hrvatski pdf 318 Kb

str. 515-531

preuzimanja: 576

citiraj


Sažetak

The paper deals with the vulnerability of the sea, global warming and the pressures of corporate
polluters, with particular emphasis on the protection of marine environment. Analysed are
the achievements of the International Panel on Climate Change, the application of precautionary
principle, as well as the role of courts and public interest. The judicial authority may act
over a longer term than the elected representatives of the executive, as a sufficient time period
for deliberation that goes beyond the electoral cycle in democratic societies is guaranteed. Pointed
out is the need for the European states to refer to court the climate-related practice and
the standard of conscientious treatment, along with the implementation of the precautionary
principle and the universal human rights principles. The authors bring forward the opinion
that an active role of the judiciary may essentially contribute to environmental protection,
possibly more significantly than that of an individual national, regional or international representative
and judiciary authority.

Ključne riječi

environmental protection; law of the sea; climate changes, judiciary; multidisciplinary approach

Hrčak ID:

144411

URI

https://hrcak.srce.hr/144411

Datum izdavanja:

8.9.2015.

Podaci na drugim jezicima: hrvatski

Posjeta: 1.282 *