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29 Pace Envtl. L. Rev. 441 (2011-2012)
Environmental Courts in Comparative Perspective: Preliminary Reflections on the National Green Tribunal of India

handle is hein.journals/penv29 and id is 443 raw text is: ARTICLE Environmental Courts in Comparative Perspective: Preliminary Reflections on the National Green Tribunal of India DOMENICO AMIRANTE* I. INTRODUCTION Environmental law is undoubtedly a pillar of environmental protection, but after many decades it is still suffering in most of the world due to poor implementation. As a result, the organization of the courts and their environmental sensibility, as well as the national systems of access to justice, have become crucial issues in the implementation of both environmental law and the principle of sustainable development. In this perspective, especially in developing or recently developed countries, the current trend has been to build up specialized courts and tribunals to deal with environmental cases and to make the access to justice easier for citizens, NGOs, and disadvantaged groups. This article discusses the pros and cons of the establishment of green tribunals in the Indian context, from a comparative perspective. It begins by analyzing the European and American experience - generally more favorable to general courts and tribunals - and comparing it to recent trends indicating a strong preference towards specialized jurisdictions. The article continues by fully examining the case of India in its regional context, considering that specialized judicial institutions must be designed according to their specific legal culture (and constitutional/administrative system) and the particular environmental and developmental needs of each country or region. In this perspective the green tribunals appear to be very useful tools to satisfy the growing needs of environmental 441