Environmental Principles: From Political Slogans to Legal RulesOxford University Press, 2020 M10 30 - 640 pages This book traces the evolution of environmental principles from their origins as vague political slogans reflecting fears about environmental hazards to their embodiment in enforceable laws. 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. Since the first edition was published, the principles of polluter-pays, prevention, and precaution have been encapsulated in a swathe of legislation at domestic and international level. Courts have been invoking environmental law principles in a broad range of cases, on issues including GMOs, conservation, investment, waste, and climate change. As a result, more States are paying heed to these principles as catalysts for improving their environmental laws and regulations. This edition will integrate to a greater extent the relationship between environmental principles and human rights. The book analyses new developments including the EU Charter of Fundamental Rights, the case law of the European Court of Human Rights, which has continuously carved out environmental duties from a number of rights enshrined in the European Convention of Human Rights, and the implementation of the UNECE Convention on Access to Information. |
From inside the book
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Page v
... addition to, simultaneously, the central place occupied by environmental law in the international legal system and at the domestic level, as well as the influence of these principles on other areas of regulation, such as economic law ...
... addition to, simultaneously, the central place occupied by environmental law in the international legal system and at the domestic level, as well as the influence of these principles on other areas of regulation, such as economic law ...
Page 6
... addition, these substantive principles are supported by an array of procedural principles: • notification, co- operation;37 • Environment Impact Assessment; and38 • information,39 participation,40 and access to justice. Their disparity ...
... addition, these substantive principles are supported by an array of procedural principles: • notification, co- operation;37 • Environment Impact Assessment; and38 • information,39 participation,40 and access to justice. Their disparity ...
Page 7
... addition, principles can be situated along a sliding scale. At one extreme, a number of them can be characterized by their high level of abstraction (e.g. the meta- principle of sustainable development), whilst at the other extreme when ...
... addition, principles can be situated along a sliding scale. At one extreme, a number of them can be characterized by their high level of abstraction (e.g. the meta- principle of sustainable development), whilst at the other extreme when ...
Page 11
... addition to natural risks, humanity is today exposed to a growing number of risks arising from modern technological development. While it is true that socio- economic development inevitably entails taking risks, it is also the case. 55 ...
... addition to natural risks, humanity is today exposed to a growing number of risks arising from modern technological development. While it is true that socio- economic development inevitably entails taking risks, it is also the case. 55 ...
Page 16
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Contents
14 | |
PART I | 21 |
Part I Conclusions | 363 |
PART II | 365 |
Part II Conclusions | 519 |
Final Conclusions | 523 |
Index | 529 |
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 |
Common terms and phrases
according action activities addition administrative adopted Agreement allow applied approach areas assessment authorities basis become caused chemicals civil CJEU Commission Communication concept concerning consideration considered constitutional Convention costs Court damage decision determine Directive economic effects environment Environmental Law establish European evidence existence fact function give given hand harm hazardous held human impact implementation important interests international law interpretation knowledge liability limited maker means measures Member nature normative objective obligation operator Opinion para particular parties pays pollution possible practice precaution Precautionary Principle preventive procedural protection question reasons reference regarding Regulation regulatory responsible restrictions result rise risk rules scientific scope significant specific standards Subsection substances taken tion trade treaty uncertainty waste