ABSTRACT

Access is a primary step to the achievement of environmental justice. It involves articulation in the language of equity of the assurance of legal standing for all affected and interested parties; the right of appeal or review; specialised environmental courts and other practical dispute resolution mechanisms. Several international declarations and institutions call for judicial specialisation, envisaging expert courts and judges and lawyers trained in environmental matters to promote the environmental rule of law and achieve sustainable development.1 Chief Justice Brian Preston of the State of NSW, Australia, Land and Environment Court, stated:

An environmental court is better able to address the pressing, pervasive and pernicious environmental problems that confront society (such as global warming and loss of biodiversity). New institutions and creative attitudes are required to address these problems. Specialization enables use of special knowledge and expertise in both the process and the substance of resolution of these problems. Rationalization enlarges the remedies available. An environmental court is better positioned to develop innovative remedies and holistic solutions to environmental problems.