REVIEW A deliberation on recent legal cases and judgments of the International Court of Justice on environmental disputes S. Zarei 1 • S. A. Poorhashemi 1 • M. Pournouri 2 Received: 17 December 2014 / Revised: 14 March 2015 / Accepted: 25 April 2015 / Published online: 16 June 2015 Ó Islamic Azad University (IAU) 2015 Abstract Both national and international judgments and judicial precedents play an important role in the develop- ment of legal regimes. In the light of judgments and judi- cial precedents, the administration of justice and judicial security can be measured in every legal system. In this context, the International Court of Justice and other inter- national judicial and arbitral bodies have an important role to play in the development of international law, particularly in international environmental law. In addition, judgments and judicial precedents of international courts, especially the International Court of Justice can affirm new legal rules and principles that can contribute to the development of international environmental law. This research through content analysis attempts to analyze the capacity and capability of new international judgments and judicial precedents of the International Court of Justice on envi- ronmental issues in influencing the development of envi- ronmental law. For this purpose, this study attempts to analyze five recent legal cases of the International Court of Justice. It also provides guidelines for applicable solutions by identifying legal gaps and existing inefficiencies. Keywords International environmental law Á Judgments and judicial precedents Á Environmental protection Á Development of environmental law Á International Court of Justice Á Environmental disputes Introduction Emerging international environmental law field as a new branch of the international public law could take advantage of soft law to its own development which had no position in the classical international law. On the other hand, international environmental law could show how this soft law can be converted into codified and reliable principles of law (Sands 2003). In light of recent developments in this legal field, the right to a healthy environment, common heritage of man- kind, rights of future generations, right to development and the concept of sustainable development were expanded as examples of environmental human rights and were adopted as the national and international legal norms that were recognized by international judgments and judicial prece- dents (Plator 1994). The role of international judgments and judicial prece- dents in environmental protection were considered since scientific progress and development of new technologies put the environment at a greater risk. By growing envi- ronmental issues and expanding different activities in this field, many disputes were raised in this context (Sands 2008). The emergence of international environmental dis- putes showed the absence of peaceful settlement of dispute system in this area and revealed the fact that existing international legal regimes cannot be responsive to such disputes (Waldock 1948). The main reason has been stated is specialization of environmental issues; hence, existing international courts do not have necessary expertise to resolve these types of disputes (Thirlway 2010). Some international judicial bodies such as International Court of Justice (ICJ) have focused on some aspects of environmental disputes. However, these kinds of disputes are so extensive and complex in which structures and goals & S. A. Poorhashemi Ahashemy@yahoo.com 1 Department of Environmental Law, Faculty of Environment and Energy, Science and Research Branch, Islamic Azad University, Tehran, Iran 2 Faculty of Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran 123 Int. J. Environ. Sci. Technol. (2015) 12:3391–3404 DOI 10.1007/s13762-015-0825-y