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Environmental Principles: From Political Slogans to Legal Rules, 2nd Edition

Environmental Principles: From Political Slogans to Legal Rules, 2nd Edition

Author: Nicholas de Sadeleer
Publisher: Oxford University Press
ISBN: 9780198844358
Published In: November 2020
Format: Hardback , 484 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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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.
General Introduction
Part I: The Polluter Pays, Prevention and Precautionary Principles: Three Approaches to Environmental Risk
Part I Introduction
Chapter 1 The polluter-pays principle
Chapter 2 The principle of prevention
Chapter 3 The Precautionary principle
Part I Conclusions
PART II : THE LEGAL STATUS AND ROLE OF THE POLLUTER-PAYS, PREVENTIE AND PRECAUTIONARY PRINCIPLES : A SHIFT FROM MODERN TO POST-MODERN LAW
Part II Introduction
Chapter 4 Theoretical Presentation of Modern and Post-Modern Principles
Chapter 5 The evolving function of environmental directing principles in the transition from modern to post-modern law
Chapter 6 The legal status of the directory principles of environmental law: from political slogans to normative principles
Chapter 7 Environmental directing principles versus free trade
Part II Conclusions
Apendix I: Table of Materials
Bibliography
Index
Nicolas de Sadeleer, Facultés Universitaires Saint-Louis, Brussels, Director of the Environmental Law Centre, CEDRE.
"The book represents a step forward in the theory on the nature and functions of the environmental principles communicating complex concepts. ... Therefore the book can strongly be recommended to environmental academics." - Nordic Journal of International Law