The role of the judiciary in combating climate change and environmental protection Cover Image

Uloga pravosuđa u suzbijanju klimatskih promjena i zaštiti morskog okoliša
The role of the judiciary in combating climate change and environmental protection

Author(s): Axel Luttenberger, Lidija Runko Luttenberger
Subject(s): International Law, Maritime Law, Commercial Law
Published by: Hrvatska akademija znanosti i umjetnosti
Keywords: environmental protection; climate change; judiciary;

Summary/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. Analyzed 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.

  • Issue Year: 54/2015
  • Issue No: 169
  • Page Range: 515-531
  • Page Count: 17
  • Language: Croatian