Turning to international litigation to protect the Amazon?

Abstract

Safeguarding the Amazon biome remains a critical priority, not only for the eight Amazon River basin States but also for the world at large given the ecosystem’s planetary importance. There is now a new sense of urgency surrounding Amazon protection given the substantial increase in rates of deforestation and fires in the region. Accordingly, new options to advance Amazon protection are beginning to be explored, including proceedings in international courts and tribunals. This article provides a critical assessment of the potential for such litigation, examining the possible claims that could be advanced, the risks associated with each of these and which are more likely to be successful. It argues that the litigation landscape is complex, and there are jurisdictional, normative and evidentiary hurdles in the way of a clear-cut judgment requiring Amazon States to take the urgent and direct measures needed to bring the ecosystem back from the brink.

Metadata

Item Type:	Article
Authors/Creators:	Bendel, J. https://orcid.org/0000-0002-7177-1182 Stephens, T. https://orcid.org/0000-0001-9678-2227
Copyright, Publisher and Additional Information:	© 2020 John Wiley & Sons Ltd. This is the peer reviewed version of the following article: Bendel, J. and Stephens, T. (2021) Turning to international litigation to protect the Amazon? Review of European, Comparative & International Environmental Law (RECIEL), 30 (2). pp. 173-183, which has been published in final form at https://doi.org/10.1111/reel.12387. This article may be used for non-commercial purposes in accordance with Wiley Terms and Conditions for Use of Self-Archived Versions. This article may not be enhanced, enriched or otherwise transformed into a derivative work, without express permission from Wiley or by statutory rights under applicable legislation. Copyright notices must not be removed, obscured or modified. The article must be linked to Wiley’s version of record on Wiley Online Library and any embedding, framing or otherwise making available the article or pages thereof by third parties from platforms, services and websites other than Wiley Online Library must be prohibited.
Dates:	Published: July 2021 Published (online): 17 December 2020 Accepted: 25 November 2020
Institution:	The University of Leeds
Academic Units:	The University of Leeds > Faculty of Education, Social Sciences and Law (Leeds) > School of Law (Leeds)
Depositing User:	Symplectic Publications
Date Deposited:	12 Mar 2024 11:39
Last Modified:	12 Mar 2024 15:39
Status:	Published
Publisher:	Wiley
Identification Number:	10.1111/reel.12387
Open Archives Initiative ID (OAI ID):	oai:eprints.whiterose.ac.uk:210173

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Turning to international litigation to protect the Amazon?

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