X hits on this document





19 / 19

taken substantial steps to minimize the environmental impact of the nuisance , that an award of damages sufficient to replace the roof with a highly corrosive resistant material could suitably remedy the plaintiff. The cost to the respondent was reduced by a third to reflect the appellant's success in relation to the discharge of the injunction. And most pertinently, the Court gave short shrift to the incipient claim for broader envi- ronmental harm. The Court dismissed the claim by the respondent of harm to his health and comfort by a malodorous stench from the appellant's mud lakes because "he did not suggest in what respect he suf- fered in health", and made no attempt to follow up on the wider issue of biospheric damage.

It seems clear that Caribbean jurisprudence is at the cross roads on the question of environmental management. A number of new and innovative techniques are available to bolster the role of the courts in environmental protection and valuation of environmental damage. Traditional approaches that omitted the environment from economics are now being challenged by the many legislative provisions and administrative opportunities that allow for the accounting of ecological damage. From this perspective it would appear that the integration of environment and economics is a done deal. The only remaining question concerns the speed with which this recogni- tion will take hold in those responsible for statutory interpretation and administration, and the manner in which integration will be allowed to proceed. Infiltration/sharing of these approaches can take many forms:

  • Persuasive value of judgments from

other jurisdictions;

  • Law journals - articles, etc.;

  • Few extra-judicial speeches etc.;



  • Judicial symposiums (organized by UNEP/ROLAC) "Enforcement and Compliance of Environmental Law in National Courts: the Role of the Judiciary" presented to and published in Caribbean Judicial Awareness sympo- sium on Environmental Law and Sustainable Development, April 8-10, 2001, Glencastle Resort Hotel, Castries, St. Lucia. Symposium Proceedings.

Problem: Judges also restricted by the actual content of law (legislative provi- sions) within their jurisdictions). Tension between sharing these approaches and constitutional obligation to apply law of land.

Document info
Document views61
Page views61
Page last viewedThu Jan 19 19:47:14 UTC 2017