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Chamber and committees

Question reference: S2W-11110

  • Asked by: Patrick Harvie, MSP for Glasgow, Scottish Green Party
  • Date lodged: 1 October 2004
  • Current status: Answered by Ross Finnie on 29 October 2004

Question

To ask the Scottish Executive what studies it has carried out, commissioned or is aware of relating to environmental courts in other countries and whether this information is being collated to assist its “consideration of the establishment of environmental courts and other options for improving prosecution and dispute resolution”, as set out in the Partnership Agreement.


Answer

The Scottish Executive will take account of a range of research, with both a domestic and an international scope, on environmental courts and other methods of dispute resolution in its work on this Partnership Agreement commitment. This research includes, but is not limited to:

Modernising Environmental Justice: regulation and the role of an environmental tribunal

Professor Richard Macrory CBE and Michael Woods LLM

Centre for Law and the Environment, Faculty of Laws UCL, 2003

http://www.ucl.ac.uk/laws/environment/tribunals/docs/full_report.pdf

Trends in Environmental Sentencing in England and Wales

Claire Dupont and Dr Paul Zakkour

Environmental Resources Management (ERM) 2003

http://www.defra.gov.uk/environment/justice/pdf/erm-sentencing.pdf

Using the Law: access to environmental justice; barriers and opportunities

Maria Adebowale (Capacity Global)

http://www.defra.gov.uk/environment/justice/pdf/ejureport.pdf

Environmental and Civil Penalties; a more proportionate response to regulatory breach

Professor Richard Macrory CBE and Michael Woods LLM

Centre for Law and the Environment, Faculty of Laws UCL

http://www.ucl.ac.uk/laws/environment/civil-penalty/docs/ECPreport.pdf

Civil Law Aspects of Environmental Justice

Paul Stookes (Environmental Law Foundation)

The Environmental Justice Project, 2004

http://www.wwf.org.uk/filelibrary/pdf/envirojustice.pdf.