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 83
Page viii
... result, they can bind authorities, whilst at the same time leaving them a certain degree of leeway. I therefore seek to demonstrate in this book that environmental principles have indirect binding effects as well as performing ...
... result, they can bind authorities, whilst at the same time leaving them a certain degree of leeway. I therefore seek to demonstrate in this book that environmental principles have indirect binding effects as well as performing ...
Page 12
... result of human activity. As we will see in Part I, however, the risks threatening our environment are not all of one type, but rather represent a succession of various categories of risk. Most of the environmental risks produced by ...
... result of human activity. As we will see in Part I, however, the risks threatening our environment are not all of one type, but rather represent a succession of various categories of risk. Most of the environmental risks produced by ...
Page 15
... result, we endorse a rather broad and evolutive interpretation of this concept. 3.2.2 Consideration of international, EU, and national legal systems In the context of growing globalization, we have approached the issue of the legal ...
... result, we endorse a rather broad and evolutive interpretation of this concept. 3.2.2 Consideration of international, EU, and national legal systems In the context of growing globalization, we have approached the issue of the legal ...
Page 18
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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