Tag: Remedy



Environmental Jurisprudence of the Supreme Court of the Philippines

The Philippines’ Constitution includes as a State policy that “[t]he State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.” The first major case the Court decided with regard to this clause was the Minors Oposa case, in which the plaintiffs filed a class action law suit on behalf …   Continue readingEnvironmental Jurisprudence of the Supreme Court of the Philippines

Mendoza Beatriz Silva v. National Government of Argentina

Section 41 of Argentina’s Constitution states: “All inhabitants are entitled to the right to a healthy and balanced environment fit for human development in order that productive activities shall meet present needs without endangering those of future generations; and shall have the duty to preserve it. As a first priority, environmental damage shall bring about the …   Continue readingMendoza Beatriz Silva v. National Government of Argentina

Land and Environment Court of New South Wales

Established in September 1980, the Land and Environment Court of New South Wales is the first specialist environmental superior court in the world. Located in Sydney, the court’s purposes include safeguarding and maintaining: equality of all before the law; access to justice; and fairness, impartiality and independence in decision-making processes that are consistently …   Continue readingLand and Environment Court of New South Wales

Environmental Administrative Tribunal

The Environmental Administrative Tribunal, created by the Costa Rican government in its 1995 Environment Act No. 7554, has jurisdiction to hear complaints for violations of all laws protecting the environment and natural resources (art. 111). The Tribunal can carry out on-site visits to determine the nature of environmental damage, and when it finds that a violation has …   Continue readingEnvironmental Administrative Tribunal

Amparo Cause of Action and the Principle of Intereses Difusos in Costa Rica

Article 48 of the Costa Rican Constitution provides for the remedy of amparo in order to maintain or re-establish the enjoyment of rights set out in the Constitution, as well as those of a fundamental nature established in international human rights treaties enforceable in Costa Rica. The amparo cause of action has been construed very broadly, to allow …   Continue readingAmparo Cause of Action and the Principle of Intereses Difusos in Costa Rica

Jurisprudence of the Supreme Court of India Relating to Environmental Protection

Article 21 of the Indian Constitution of 1949 provides for the fundamental rights to protection of life and personal liberty, stating that “[n]o person shall be deprived of his life or personal liberty except according to procedure established by law.” The Indian Supreme Court in a series of decisions has connected Article 21 with a right to a healthy …   Continue readingJurisprudence of the Supreme Court of India Relating to Environmental Protection

India’s National Green Tribunal

India has created a “green tribunal” to address environmental harms. The National Green Tribunal, which has been operating since July 2011, was established for effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources. The Tribunal may provide relief and compensation to victims of pollution …   Continue readingIndia’s National Green Tribunal

Decision of the Mexican Supreme Court of Justice: Amparo No. 631/2012 (Independencia Aqueduct)

The Yacqui Tribe from Sonora, Mexico, filed an amparo action against the Secretaría de Medio Ambiente y Recursos Naturales (SEMARNAT/Mexican Ministry of Environment and Natural Resources) concerning the construction of the Independencia aqueduct, which is designed to remove 60 million cubic metres of water from the Yaqui River to supply water to the city of Hermosillo. …   Continue readingDecision of the Mexican Supreme Court of Justice: Amparo No. 631/2012 (Independencia Aqueduct)