The International Court of Justice and the European Court of Justice

Abstract

This chapter considers the contribution made by the International Court of Justice (ICJ) in The Hague and the European Court of Justice (ECJ) in Luxembourg to the development of international environmental law. Acceptance of the jurisdiction of the Court under Article 36 may be made unconditionally, or on condition of reciprocity, or for a limited period of time. The ICJ's advisory jurisdiction provides it with an opportunity to address environmental issues. The ECJ has developed a rich body of case–law on environmental issues, as this brief and non–exhaustive list indicates. In the limited sense that it has in this body of case–law addressed a wide range of legal issues relating to the protection of the environment, there can be little doubt that the Court is an environmental tribunal. However, the question of whether the Court is an environmental tribunal must also be asked at a deeper level.