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Home > Featured Articles > Strengthening locus standi in Public Interest Environmental Litigation: Has leadership moved from the United States to South A? > Strengthening locus standi in Public Interest Environmental Litigation: Has leadership moved from the United States to South A?

Strengthening locus standi in Public Interest Environmental Litigation: Has leadership moved from the United States to South A? [1]

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There is an increasing shift towards globalisation not only of the world economies but also of the world's legal systems. Broadening of locus standi in South Africa has deconstructed the fears that informed the conservative common law approach to the issue of locus standi or standing, with its roots in private law individual rights. Most of the reasons advanced for constraining locus standi in public interest environmental law, and constitutional matters for that matter, can all be ameliorated through procedural safe guards and rules tried and tested under the common law, such as rules regarding legal costs, and keeping frivolous and vexatious litigation out of the courts. However, the USA seems to be lagging behind in mainstreaming global international developments in public interest environmental litigation, particularly at the federal level by sticking to archaic common law rules on standing where a litigant wants to bring suit on behalf of the environment.

Publication Date: 
01/06/2010
Tumai Murombo [2]
Law Environment And Development Journal [3]
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Tags:
Environment [4], Court [5], South Africa [6], United States Of America (US) [7], Globalisation [8], Law Environment And Development Journal [3], Tumai Murombo [2], Public Interest Litigation (PIL) [9]
Centre for Science and Environment
National Knowledge Commission Government of India

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Source URL: http://admin.indiaenvironmentportal.org.in/feature-article/strengthening-locus-standi-public-interest-environmental-litigation-has-leadership

Links:
[1] http://admin.indiaenvironmentportal.org.in/feature-article/strengthening-locus-standi-public-interest-environmental-litigation-has-leadership
[2] http://admin.indiaenvironmentportal.org.in/category/author/tumai-murombo
[3] http://admin.indiaenvironmentportal.org.in/category/journal/law-environment-and-development-journal
[4] http://admin.indiaenvironmentportal.org.in/category/thesaurus/environment
[5] http://admin.indiaenvironmentportal.org.in/category/thesaurus/court
[6] http://admin.indiaenvironmentportal.org.in/category/thesaurus/south-africa
[7] http://admin.indiaenvironmentportal.org.in/category/thesaurus/united-states-america-us
[8] http://admin.indiaenvironmentportal.org.in/category/thesaurus/globalisation
[9] http://admin.indiaenvironmentportal.org.in/category/thesaurus/public-interest-litigation-pil