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. |
From inside the book
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Page 235
... legal system as a whole'.8 2.2.1 . A legal system of general and abstract rules In a liberal vision the function of modern law is to provide for the coexistence of individual freedoms : each person has the right to enjoy maximum freedom ...
... legal system as a whole'.8 2.2.1 . A legal system of general and abstract rules In a liberal vision the function of modern law is to provide for the coexistence of individual freedoms : each person has the right to enjoy maximum freedom ...
Page 236
... legal perspective The concept of the ' General Principles of Law ' is central to modern law , even if it is subject ... system on one hand , and to fill gaps or mitigate the obscurity of the legal system on the other hand.18 Given their ...
... legal perspective The concept of the ' General Principles of Law ' is central to modern law , even if it is subject ... system on one hand , and to fill gaps or mitigate the obscurity of the legal system on the other hand.18 Given their ...
Page 237
... legal system to which one is committed involves an attempt to give it coherence in terms of a set of general norms which express justifying and explanatory values of the system . '21 One can only agree with this analysis . Taken in ...
... legal system to which one is committed involves an attempt to give it coherence in terms of a set of general norms which express justifying and explanatory values of the system . '21 One can only agree with this analysis . Taken in ...
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