UDTR Global Rights of Nature Radar

The role of ‘green’ courts in shaping environmental justice in India and New Zealand

Identification

Public canonical key

doi:10.14746/rpeis.2023.85.3.02

Authors

Samanta Kowalska

Reported year

2023

Reported language

en

Source type

article

First detected

2026-11-09T19:17:30.984113+00:00

Last metadata observation

2026-11-09T19:17:30.984113+00:00

Last HTTP verification

Not checked

Institutions reported by the source

Uniwersytet Kaliski im. Prezydenta Stanisława Wojciechowskiego

Documentary abstract — original language

The depreciation of values, combined with the expansion of agriculture, industry and the economy, results in the erosion of existing protection mechanisms, as well as commodification and dominance of economic factors. The increasing degradation of the natural environment reveals an increasing number of areas requiring urgent and coordinated protection. The aim of the article is to present the innovative concept of green courts, which are creating a new architecture of modern environmental law. In the considerations, it is indicated that ‘green’ courts at a national level open the way to formulate new legal institutions, facilitate more effective the enforcement of environmental law, and solve legal disputes with alternative adjudicative processes. The article discusses environmental justice based on the example of India and New Zealand, which are among the first countries in the world to have developed an innovative judicial structure and environmental case law. The dogmatic method plays an essential role in the analysis of legal norms concerning the protection of environment, as well as in determining their content and scope. The source materials originate from various legal orders, and diverse cultural and geographical regions. Therefore, in order to discuss the indicated issues, it is necessary to use the comparative method, and thus complete the arguments of a dogmatic and legal nature. In order to present the origins and evolution of law in the scope concerning ‘green’ courts, the historical and legal method is used (temporal retrospection). The considerations emphasize the role of specialist ‘green’ courts in maintaining a balance between the economy, the development of society, and protecting the environmental wellbeing by shifting the focus of jurisprudence to the environmental domain. The article highlights the role of the application and interpretation of environmental norms from an ethical and intergenerational perspective.

Identifiers

OPENALEX

W4387256109

DOI

10.14746/rpeis.2023.85.3.02

Documentary context

Documentary family

Scholarship

Source-reported types

article

Jurisdictions studied — explicit sources

IN · NZ

Entity mentions are not evidence of legal recognition. Jurisdiction studied is separate from author affiliation country.

Sources

OpenAlex · Record 1 · Record 2

• DOI · https://doi.org/10.14746/rpeis.2023.85.3.02
• OpenAlex · https://openalex.org/W4387256109

Documented bibliographic relations

Source-declared references and links; they do not establish legal support or UGLC qualification. Up to 20 outgoing references are displayed.

• openalex:w1507201798 · CITES
• Nature as an Ancestor: Two Examples of Legal Personality for Nature in New Zealand · CITES
• openalex:w2020002829 · CITES
• openalex:w2141624952 · CITES
• openalex:w2161967930 · CITES
• openalex:w2586550575 · CITES
• openalex:w2613940882 · CITES
• openalex:w2886751669 · CITES
• openalex:w2887642671 · CITES
• openalex:w2903352945 · CITES
• openalex:w2907125663 · CITES
• openalex:w3119582491 · CITES
• openalex:w3205094126 · CITES
• openalex:w4225539608 · CITES
• openalex:w4255432249 · CITES
• openalex:w6903027059 · CITES

0 incoming references within the detected corpus

Documentary status

Relevance pending

Library

This identity is not yet included in the Legal Library.