Conditions for Environmental Litigation Clause Samples

Conditions for Environmental Litigation. In the previous section we considered the objectives of environmental litigation from both a state and a claimant or disputant’s perspective and endeavoured to distill from these objectives a number of evaluative criteria to apply to our consideration of environmental litigation in subsequent chapters. A review of the literature relating to environmental litigation, and litigation more generally, indicates that the manner and extent to which environmental law is applied through the process of litigation and the extent to which environmental litigation is likely to fulfill the objectives discussed above, is contingent upon a complex range of legal, political, social and economic conditions, which are discussed in some detail below.32 This section is intended to provide a theoretical starting point for the consideration in later chapters of the legal and non- legal factors that influence the outcome and effectiveness of environmental litigation in Indonesia.