Cross-border environmental damage litigation

Abstract

Environmental protection is essential to sustainable development. However, private enforcement is not a priority in most legal systems; while it is nowadays possible to seek redress for environmental damage, standing to bring collective actions before courts is not usually granted to NGOs and private persons; although it should be in an attempt to enhan- ce the oversight system over potential and actual polluters. This paper discusses the legal basis upon which the said standing could be established, both at domestic and international levels, as well as the role that cross-border collective redress could play in environmental matters. Accordingly, the paper moves to examine to which heads of international jurisdic- tion could be resorted when it comes to claiming for collective redress, and which would then be the applicable law.