Review article
THE ROLE OF THE JUDICIARY IN COMBATING CLIMATE CHANGE AND ENVIRONMENTAL PROTECTION
Axel Luttenberger
; Pomorski fakultet Sveučilišta u Rijeci
Lidija Runko Luttenberger
orcid.org/0000-0002-4011-0605
; Pomorski fakultet Sveučilišta u Rijeci
Abstract
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.
Keywords
environmental protection; law of the sea; climate changes, judiciary; multidisciplinary approach
Hrčak ID:
144411
URI
Publication date:
8.9.2015.
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