An environmental court in action : function, doctrine and process / edited by Elizabeth Fisher and Brian Preston.

Oxford : Hart Publishing, 2022.

1st edition

200626

New South Wales. -- Land and Environment Court.

Procedure (Law) -- New South Wales.

Environmental law -- New South Wales.

Local government -- Law and legislation -- New South Wales.

City planning and redevelopment law -- New South Wales.

1. The many facets of a cutting-edge court: a study of the Land and Environment Court of New South Wales

Part I: Function

2. From reactive to proactive decision-making by the Land and Environment Court of New South Wales

3. The place of the Land and Environment Court in the planning system of New South Wales

4. The Land and Environment Court of New South Wales and the transnationalisation of climate law: the case of Gloucester Resources v Minister for Planning

5. Transnational dimensions of the Land and Environment Court of New South Wales

6. The international outreach of the Land and Environment Court of New South Wales: diffusion in India

Part II: Doctrine

7. Biodiversity and the Land and Environment Court of New South Wales

8. Environmental principles and the construction of a new body of legal reasoning

9. The Land and Environment Court of New South Wales and the recognition of indigenous peoples' environmental rights

10. The administrative law expertise of the Land and Environment Court of New South Wales

11. Ecocentrism and criminal proceedings for offences against environmental laws

Part III: Process

12. You can only keep something by giving it away

13. 'Please come in': access to justice and the development of jurisprudence in the Land and Environment Court of New South Wales

14. Alternative dispute resolution in the Land and Environment Court of New South Wales

15. The Land and Environment Court of New South Wales: normative legitimacy and adjudicative integrity

Conclusion

16. Afterword: law in unexpected places.

This book provides a critical assessment of the New South Wales Land and Environmental Court (NSWLEC). Effective adjudication has become a key consideration for environmental lawyers. One of the most important questions is whether environmental law frameworks need their own courts, with the conclusion being: yes they do. Here, a pioneer of such a court, the NSWLEC is forensically examined to see what it might teach other such courts. Showing a court 'in action' it suggests models that practitioners and policy makers might follow. It also speaks to the environmental law scholars, setting out a conceptual framework for studying such courts as legal institutions. This multi-faceted collection is invaluable to scholars and practitioners alike. - Publisher's website.

Includes bibliographical references and index.

9781509941032

xxx, 325 pages ; 25 cm