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
Results 1-5 of 84
Page vii
... chemicals), focusing either on one specific legal order or on multiple legal orders. As a result, these analyses do not embed these principles within a broader legal framework and do not link them up with other legal principles. I am ...
... chemicals), focusing either on one specific legal order or on multiple legal orders. As a result, these analyses do not embed these principles within a broader legal framework and do not link them up with other legal principles. I am ...
Page ix
... chemical risks to which human beings are exposed has not fallen thanks to precaution. In the course of updating my book, I took part in several seminars on environmental principles that were organized in Australian universities: in 2017 ...
... chemical risks to which human beings are exposed has not fallen thanks to precaution. In the course of updating my book, I took part in several seminars on environmental principles that were organized in Australian universities: in 2017 ...
Page xiii
... Chemical Legislations Table 3.4 Standards of judicial review of precautionary measures Table 3.5 Recognition of the PP in climate change agreements Table 3.6 Level of knowledge and related principles Table 3.7 Uncertainty within and out ...
... Chemical Legislations Table 3.4 Standards of judicial review of precautionary measures Table 3.5 Recognition of the PP in climate change agreements Table 3.6 Level of knowledge and related principles Table 3.7 Uncertainty within and out ...
Page xviii
... Chemicals Tax, GATT BISD 34S/ 136 (1987). . . . . . . . . . . . . . . . . . . . . 36n.26 United States- Restrictions on Imports of Tuna, 39 GATT BISD 155 (1993). .. . . .496–97n.8 United States- Restrictions on Imports of Tuna, DS 29/ R ...
... Chemicals Tax, GATT BISD 34S/ 136 (1987). . . . . . . . . . . . . . . . . . . . . 36n.26 United States- Restrictions on Imports of Tuna, 39 GATT BISD 155 (1993). .. . . .496–97n.8 United States- Restrictions on Imports of Tuna, DS 29/ R ...
Page xxxviii
... 118, 396–97n.120 1998 Convention on the Protection of the Rhine (Rotterdam, 22 January 1998). ..... 33–34n.16, 159n.132, 462n.49 Convention on the PIC Procedure for Certain Hazardous Chemicals and xxxviii Tables of Legislation.
... 118, 396–97n.120 1998 Convention on the Protection of the Rhine (Rotterdam, 22 January 1998). ..... 33–34n.16, 159n.132, 462n.49 Convention on the PIC Procedure for Certain Hazardous Chemicals and xxxviii Tables of Legislation.
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