International Environmental Law, Canadian Courts, Domestic Implementation of International Standards, Canada
Canadian environmental law is a dynamic and exciting area that is playing an increasingly important role in furthering sustainable development policy. Environmental law has distinctive relevant principles, operating procedures, implications, and importance in comparison with other areas of law, and these distinctions must be appreciated both within the legal community and by all those who are concerned with the way that courts handle environmental cases.
Environment in the Courtroom provides extensive insight into Canadian environmental law. Covering key environmental concepts and the unique nature of environmental damage, environmental prosecutions, sentencing and environmental offences, evidentiary issues in environmental processes and hearings, issues associated with site inspections, investigations, and enforcement, and more, this collection has the potential to make a significant difference at the level of understanding and practice.
Containing perspective and insight from experienced and prominence Canadian legal practitioners and scholars, Environment in the Courtroom addresses the Canadian provinces and territories and provides context by comparison to the United States and Australia. No other collection covers these topics so comprehensively. This is an essential reference for all those interested in Canadian environmental law.
International law has been a major force in the development of environmental law in the last half-century, as global solutions are sought for common problems, and treaty regimes are used to promote domestic implementation of international standards. Canada has been an active participant in this process and has implemented numerous agreements in legislation, but the direct application of international environmental law in Canadian courts has at times been hesitant and confusing. This chapter provides a brief overview of the use of this body of law in the courts and an assessment of the prospects and challenges facing its application in the future.
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Phillip Saunders, "The Role of International Environmental Law in Canadian Courts" in Allan E Ingelson, ed, Environment in the Courtroom (Calgary: University of Calgary Press, 2019) 152.