Environmental Principles: From Political Slogans to Legal RulesOxford University Press, 2005 - 433 pages Environmental law has always responded to risks posed by industrial society but the new generation of risks have required a new set of environmental principles, emerging from a combination of public fears, science, ethics and established legal practice. This book shows how three of the most important principles of modern environmental law grew out of this new age of ecological risk: the polluter pays principle, the preventive principle and the precautionary principle. The author examines the legal force of these principles and in the process offers a novel theory of norm formation in environmental law by unearthing new grounds of legality. |
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Page 167
... decision - maker must still be convinced that the game is worth the candle . Risk reduction necessarily implies ... making . The causal link between a hazardous activity and resultant ecological damage is suspected at this stage but cannot ...
... decision - maker must still be convinced that the game is worth the candle . Risk reduction necessarily implies ... making . The causal link between a hazardous activity and resultant ecological damage is suspected at this stage but cannot ...
Page 178
... decisions that reflect the values he defends.321 This will in turn exacerbate the recurrent tensions between a public decision - making process dominated by pragmatism and a scientific approach which , to its credit , is characterized ...
... decisions that reflect the values he defends.321 This will in turn exacerbate the recurrent tensions between a public decision - making process dominated by pragmatism and a scientific approach which , to its credit , is characterized ...
Page 181
... decision - making in terms of quantitative assessment , the classical risk assessment methodology required by international organizations can limit the ability of national authorities to take precautionary measures . The question then ...
... decision - making in terms of quantitative assessment , the classical risk assessment methodology required by international organizations can limit the ability of national authorities to take precautionary measures . The question then ...
Contents
Acknowledgements | x |
Tables of Cases | xix |
Tables of Legislation | xxix |
Copyright | |
26 other sections not shown
Other editions - View all
Environmental Principles: From Political Slogans to Legal Rules Nicolas de Sadeleer Limited preview - 2002 |
Environmental Principles: From Political Slogans to Legal Rules Nicolas de Sadeleer Limited preview - 2020 |
Environmental Principles: From Political Slogans to Legal Rules Nicolas de Sadeleer Limited preview - 2020 |
Common terms and phrases
according action activities administrative adopted Appellate Body apply Article Basel Convention basis case-law certainty civil liability Community concept concerning Conseil d'Etat considered constitute Convention costs Court decision decision-making directing principles droit EC law EC Treaty ecological economic effects emissions ensure environment law environmental damage Environmental Law Principles Environmental Policy environmental protection European Commission global GMOs harm hazardous human health Human Rights implementation International Environmental Law International Law interpretation irreversible Kluwer Law Int'l legal system legislation measures ment modern law national legal nature norms obligation OECD Parties polluter pays polluter-pays principle possible post-modern law precaution precautionary approach precautionary principle preventive principle principle of prevention principles of environmental principles of law procedure Protocol public authorities Regulation regulatory risk assessment role rules Sadeleer scientific uncertainty soft law strict liability Subsection substances Sustainable Development trade Transboundary Wallonia waste