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Part IX International Environmental Law in National/Regional Courts, Ch.65 North America

Natasha Affolder

From: The Oxford Handbook of International Environmental Law (2nd Edition)

Edited By: Lavanya Rajamani, Jacqueline Peel

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 17 January 2022

Subject(s):
International environmental law — Relationship between international and domestic law

This chapter assesses international environmental law in the courts of North America. In particular, it explores the minimal engagement of US, Canadian, and Mexican courts with international environmental law. Environmental law cases in Canada, Mexico, and the United States are not immune to international law and international norms. However, international environmental lawyers may be forced to look to some unlikely and unusual places to find international environmental law's normative influence. Environmental law cases in North America seem poised to engage most significantly with international law not in the ‘bright lights’ but rather on the side-lines, where environmental law norms interface with climate law, private international law, Indigenous law, and human rights law.

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