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 75
Page iv
... means, without the prior permission in writing of Oxford University Press, or as expressly permitted by law, by licence or under terms agreed with the appropriate reprographics rights organization. Enquiries concerning reproduction ...
... means, without the prior permission in writing of Oxford University Press, or as expressly permitted by law, by licence or under terms agreed with the appropriate reprographics rights organization. Enquiries concerning reproduction ...
Page v
... means, into enforceable laws. Nicolas de Sadeleer's book traces this phenomenon of the evolution of environmental principles and unveils the intrinsic and extrinsic implications of such an evolution on the law. Far from being similar to ...
... means, into enforceable laws. Nicolas de Sadeleer's book traces this phenomenon of the evolution of environmental principles and unveils the intrinsic and extrinsic implications of such an evolution on the law. Far from being similar to ...
Page 8
... mean that all of them have achieved their full legal effect. Some mirror emerging international obligations, and yet the status of others is still undetermined.46 Customary law principles and general principles of law are binding ...
... mean that all of them have achieved their full legal effect. Some mirror emerging international obligations, and yet the status of others is still undetermined.46 Customary law principles and general principles of law are binding ...
Page 13
... means that the law- 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 ...
... means that the law- 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 ...
Page 15
... means that it is difficult to define its boundaries exactly. Although everyone may agree on what is meant by this concept, there is some dispute regarding the boundaries surrounding this core content. If there is any catch- all concept ...
... means that it is difficult to define its boundaries exactly. Although everyone may agree on what is meant by this concept, there is some dispute regarding the boundaries surrounding this core content. If there is any catch- all concept ...
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