ABSTRACT

This chapter explains (quasi-) judicial legal practices in the centre of discussion by exploring the extent to which international (quasi-) judicial bodies show signs of flexibility that would enable them to ‘administer’ the resilience of ecosystems. Resilience is generally considered a positive feature or value of the ecosystem that needs to be facilitated. Adopting a forward-looking approach in (quasi-)judicial proceedings essentially boils down to emphasising the importance of prevention. The term ‘fractional approach’ refers to assessments where no holistic approach was adopted towards the assessment of the harm, although it might have been required from a resilience-supportive perspective and/or might have also been possible. The role and nature of the participating actors might further explain the differences and similarities between the (quasi-)judicial bodies. The IP investigates whether and to what extent an international organisation, the World Bank, com-plies with its own operational policies.