Environmental Adjudication: Mapping the Spectrum and Identifying the Fulcrum

Abstract

Environmental problems present particular challenges for adjudication and nations have responded in different ways to managing disputes about the environment. This article considers Michael Asimow’s frame to environmental adjudication. The authors begin by mapping adjudicatory pluralism in England and Wales, and New Zealand, to see if the spectrum appears coherent and the allocation of roles justified. The article then considers when an adjudicative ‘fulcrum’ exists within that spectrum, and if so what might be the relevance of that focus.

Keywords: Environmental Law, Adjudication, England, Wales, New Zealand

JEL Classification: K00, K32, K33