Environmental Principles: From Political Slogans to Legal RulesOxford University Press, 2002 - 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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Contents
List of Abbreviations | xi |
Tables of Cases | xix |
Tables of Legislation | xxix |
General Introduction | 1 |
THE POLLUTERPAYS PREVENTION | 11 |
THE PRINCIPLE OF PREVENTION | 71 |
THE PRECAUTIONARY PRINCIPLE | 84 |
Conclusions | 225 |
Environmental law bears the marks of postmodernity | 251 |
Concluding observations | 260 |
protection | 275 |
ན ངའ | 286 |
Directing principles hard cases and the weighing of conflicting | 289 |
THE LEGAL STATUS OF THE DIRECTING PRINCIPLES | 305 |
The effects of directing principles of environmental law on litigation | 333 |
Concluding observations | 339 |
THEORETICAL PRESENTATION OF MODERN | 233 |
21 | 237 |
61 | 243 |
Postmodern law | 245 |
Conclusions | 367 |
399 | |
421 | |
Other editions - View all
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 give rise global GMOs harm hazardous human health Human Rights implementation International Environmental Law International Law interpretation irreversible Kluwer Law Int'l legal system legislation marine 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 law procedure Protocol public authorities reason Regulation regulatory risk assessment role rules Sadeleer scientific uncertainty soft law strict liability Subsection substances Sustainable Development trade Transboundary Wallonia waste