Epstein, Yaffa. "Access to Justice: Remedies – Article 9.4 of the Aarhus Convention and the Requirement for Adequate and Effective Remedies, Including Injunctive Relief". SSRN Electronic Journal. January 01, 2011. https://www.researchgate.net/...

To hinder environmental damage and obtain a protective order or injunction in most civil law systems, danger in delay must be asserted for the enforceability of proceedings. To initiate legal proceedings, a 𝘱𝘳𝘪𝘮𝘢 𝘧𝘢𝘤𝘪𝘦 case must exist, requiring the claimant to present evidence and show the likelihood of success on the merits for the injunction and relief sought. The criterion of danger in delay typically requires evidence of irreparable harm or damage that would be difficult to repair. The latest IPCC reports and other scientific studies on the imminent threats and irreparable harm to our environment must be such irrefutable proof.

Posted on 31/07/23

Share this. Choose your platform.  –
Recent Abstracts