An International Environmental Court and International Legalism
24(3) Journal of Environmental Law (2012)
12 Pages Posted: 5 Mar 2013
Date Written: March 4, 2013
This essay offers an assessment of the most recent attempt lead by the International Court for the Environment (ICE) Coalition to garner support for an international environmental court. The essay argues that the concept of legalism, as developed by Judith Shklar and more recently advanced by Eric Posner, offers us a conceptual background against which to view this campaign. In doing so, the essay argues that a narrow focus on legal solutions which emphasise legal responsibility and blameworthiness is likely to prove insufficient. Despite this it is argued that the ICE Coalition’s contribution to the debate on how to best address collective action problems harming the environment may in the long run assist us in developing viable solutions.
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