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 77
Page viii
... makers and courts alike to reform legal systems that had previously stopped short of preventing the spread of environmental risks. Although they might not address all root causes of environmental degradation, these principles— provided ...
... makers and courts alike to reform legal systems that had previously stopped short of preventing the spread of environmental risks. Although they might not address all root causes of environmental degradation, these principles— provided ...
Page 5
... maker discarded more modern principles such as non- regression or substitution which might be more suited to deal with future environmental issues. 15 See Chapter 3, Section 2. Togolese Framework law on the environment, Art 5, lists ...
... maker discarded more modern principles such as non- regression or substitution which might be more suited to deal with future environmental issues. 15 See Chapter 3, Section 2. Togolese Framework law on the environment, Art 5, lists ...
Page 7
... maker, sometimes doctrine calls for them to be applied, sometimes the courts discover them or simply create them.42 They have been subject to so much doctrinal attention that they are discussed in every environmental law textbook. Some ...
... maker, sometimes doctrine calls for them to be applied, sometimes the courts discover them or simply create them.42 They have been subject to so much doctrinal attention that they are discussed in every environmental law textbook. Some ...
Page 9
... makers have enshrined them within their statutes and agreements, and courts have been applying them in order to adjudicate hard cases. Both legislation and case law are primary sources of law while doctrine is a secondary source. 1.3.
... makers have enshrined them within their statutes and agreements, and courts have been applying them in order to adjudicate hard cases. Both legislation and case law are primary sources of law while doctrine is a secondary source. 1.3.
Page 13
... maker is confronted with the following alternatives: either to be prolix and regulate everything in a pointilliste manner, or to have recourse to more open concepts, particularly those principles for which no fixed definition can be ...
... maker is confronted with the following alternatives: either to be prolix and regulate everything in a pointilliste manner, or to have recourse to more open concepts, particularly those principles for which no fixed definition can be ...
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