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Keywords: public interest litigation
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Journal Article
The Shrimp, the Judge and the Amendment: Courts’ Contribution to Aquaculture Regulation in India
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Renaud Colson and others
Journal of Environmental Law, eqaf001, https://doi.org/10.1093/jel/eqaf001
Published: 04 March 2025
... aquaculture regulation public interest litigation Coastal Aquaculture Authority separation of powers Although India has enacted several sectoral statutes and established a comprehensive legal framework to protect the environment since the early 1970s, the development of Indian environmental law is often...
Journal Article
Protecting the Habitats of Endangered Species Through Environmental Public Interest Litigation in China: Lessons Learned from Peafowl Versus the Dam
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Juan Chu
Journal of Environmental Law, Volume 35, Issue 3, November 2023, Pages 455–466, https://doi.org/10.1093/jel/eqad031
Published: 05 October 2023
... a project threatening habitat of endangered species. By examining this case, this analysis evaluates the promise and limitations of China’s civil environmental public interest litigation (EPIL) in protecting habitat. Under civil EPIL’s broad and flexible framework, environmental NGOs can convince the courts...
Journal Article
Using Climate Litigation to Strengthen Advocacy Strategies: The Life After Coal Campaign in South Africa
Lisa Chamberlain and Melissa Fourie
Journal of Human Rights Practice, Volume 16, Issue 1, February 2024, Pages 248–257, https://doi.org/10.1093/jhuman/huad021
Published: 08 September 2023
... of public interest litigation can, and should, be understood in practice. Building on these debates around the typology of litigation impact, this practice note examines the Life After Coal campaign’s use of litigation in what has become known as South Africa’s first climate change litigation— Earthlife...
Journal Article
EDITOR'S CHOICE
Activating Citizenship through NGO-Led Litigation: Shaping the Neoliberal State to Eradicate Manual Scavenging in India
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Alena Kahle and Ole Hammerslev
Journal of Human Rights Practice, Volume 15, Issue 2, July 2023, Pages 414–431, https://doi.org/10.1093/jhuman/huad014
Published: 26 May 2023
..., were mentioned as uniquely enabling petitioners to exercise active citizenship and force government officials to at least consider manual scavengers’ interests. caste Dalit rights mandamus neoliberalism public interest litigation sanitation Sanitation work in India is lethal: 110 workers died...
Journal Article
Allocation of Institutional Responsibility for Climate Change Mitigation: Judicial Application of Constitutional Environmental Provisions in the European Climate Cases Arctic Oil, Neubauer, and l’Affaire du siècle
Agnes Hellner and Yaffa Epstein
Journal of Environmental Law, Volume 35, Issue 2, July 2023, Pages 207–227, https://doi.org/10.1093/jel/eqac024
Published: 14 January 2023
... forms of environmental constitutionalism, and deserving of further attention. Climate change litigation right to a healthy environment constitutional law public interest litigation Arctic Oil case Neubauer case l’Affaire du siècle case The last several years have seen...
Journal Article
Environmental Public Interest Litigation in China: Findings from 570 Court Cases Brought by NGOs, Public Prosecutors and Local Government
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Lei Xie and Lu Xu
Journal of Environmental Law, Volume 34, Issue 1, March 2022, Pages 53–81, https://doi.org/10.1093/jel/eqab029
Published: 06 October 2021
... This article is published and distributed under the terms of the Oxford University Press, Standard Journals Publication Model ( https://dbpia.nl.go.kr/journals/pages/open_access/funder_policies/chorus/standard_publication_model ) Abstract Environmental public interest litigation (EPIL) is an important...
Journal Article
South Africa’s Journey from Socialism to Human Rights: The True Confessions of an Errant Socialist
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Mark Heywood
Journal of Human Rights Practice, Volume 11, Issue 2, July 2019, Pages 305–323, https://doi.org/10.1093/jhuman/huz016
Published: 21 July 2019
... ). AIDS treatment constitutionalism law public interest litigation social justice socialism The tragedy of human rights is that they have occupied the global imagination but have so far contributed little of note, merely nipping at the heels of the neoliberal giant whose path goes unaltered...
Journal Article
Standing of Environmental Public-Interest Litigants in China: Evolution, Obstacles and Solutions
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Tiantian Zhai and Yen-Chiang Chang
Journal of Environmental Law, Volume 30, Issue 3, November 2018, Pages 369–397, https://doi.org/10.1093/jel/eqy011
Published: 02 June 2018
...’. 28 The ‘direct interest’ requirement precludes non-stakeholders from protecting public environmental interest by litigation, which keeps environmental public-interest litigation out of the courts and makes poor enforcement a greater issue for China’s environmental law. Before the 2012 Civil...
Journal Article
Lawyers' Intervention at Pretrial Stage Helps to Prevent Torture, Illegal Detention and Other Human Rights Violations: Experiences of Advocacy Forum–Nepal
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Mandira Sharma and others
Journal of Human Rights Practice, Volume 4, Issue 2, July 2012, Pages 253–272, https://doi.org/10.1093/jhuman/hus010
Published: 11 April 2012
... the world to devise their own effective torture prevention strategy. criminal justice system data and documentation detention monitoring evidence-based advocacy juveniles police detention public interest litigation Given the long-term consistency with which these patterns have emerged, AF...
Journal Article
Public Interest Litigation Concerning Environmental Matters before Human Rights Courts: A Promising Future Concept?
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Christian Schall
Journal of Environmental Law, Volume 20, Issue 3, 2008, Pages 417–453, https://doi.org/10.1093/jel/eqn025
Published: 30 August 2008
... the current state of environmental public interest litigation before the three regional human rights bodies of Europe, America and Africa in the light of their constituting treaties and case law. It assesses the likely impact of the Aarhus Convention and the changing national jurisdictions on the procedural...
Chapter
Published: 01 August 2011
... political theory discipline of treaty‐making practice of civil rights era public interest litigation terra nullius concept of United Nations administrative law rise & core values of anti‐discrimination norms Charter of Rights and Freedom 1982 Can human rights instruments municipal Racial...
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Public Interest Litigation, Legal Professionalism, and the ECJ: Deciding a Case or Managing Politics?
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Hans-Wolfgang Micklitz and Thomas Roethe
Published: 15 February 2024
... Micklitz and Thomas Roethe, Public Interest Litigation, Legal Professionalism, and the ECJ: Deciding a Case or Managing Politics? In: The Internal Market Ideal . Edited by: Jeremias Adams-Prassl, Sanja Bogojević, Ariel Ezrachi, and Dorota Leczykiewicz, Oxford University...
Chapter
Published: 08 December 2021
... agreements (MEAs) and is an active participant in global environmental diplomacy. However, Chinese courts do not play a significant role in interpreting or developing IEL. Even if environmental litigation were to flourish due to the steps taken to encourage environmental public interest litigation (EPIL...
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Biodiversity Litigation in South Africa: A Rich Legal Landscape for Litigation
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Willem Daniël Lubbe
Published: 15 December 2022
... by a legal framework welcoming public interest litigation welcomes litigation on behalf of the environment. South Africa, through a vigilant environmental advocacy landscape, has plenty of relevant examples of how biodiversity litigation is used to benefit current and future generations. Some key aspects can...
Chapter
Public Interest Litigation
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Shyam Divan and Armin Rosencranz
Published: 25 August 2022
...This chapter assesses Public Interest Litigation (PIL), which has played, and continues to play, a crucial role in the development of environmental law in India. Indeed, public discourse on the environment began in the 1980s when the Supreme Court responded to a series of PILs concerning river...
Chapter
Expanding the Judicial Universe: Judicial Activism
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O. Chinnappa Reddy
Published: 20 May 2010
... of judicial activism. Public interest litigation invented by the judiciary symbolizes judicial activism and has now become the shield and weapon of the people to protect and demand the rights to which they are entitled under the Constitution and all other laws. The two great principles of natural justice...
Chapter
Published: 18 July 2024
... in urban governance and solid waste management. It outlines key interventions by the Supreme Court of India resulting in the framing of rules governing solid waste management. It then explores the implications of public interest litigation (PIL). It draws on a particular PIL concerning the informal plastic...
Chapter
Published: 01 September 2011
... and other similar law enforcement institutions with the task of the investigation and prosecution of crimes relating to corruption. It also discusses the issues of public interest litigation and judicial enforcement of corruption-free governance. Official corruption has become a universal...
Chapter
Economic and Social Rights in South Asia
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Rehan Abeyratne
Published: 21 March 2024
... economic and social justice through political means. These Principles acquired legal force with early Supreme Court case law that interpreted them in harmony with fundamental rights. The Indian Supreme Court later transformed Directive Principles into enforceable rights through public interest litigation...
Chapter
Fulfilling the Promise of the Golden Thread?: Vulnerability and Australian Negligence Law
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Kylie Burns
Published: 17 September 2024
... been provided by statutory reparation schemes. Public interest litigation based on breach of duty of care owed by the State to vulnerable people, such as those in immigration detention, has met with some success. However, recent cases in areas such as climate change litigation demonstrate...
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