Environmental Principles
From Political Slogans to Legal Rules
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Product details:
- Edition number 2
- Publisher OUP Oxford
- Date of Publication 29 October 2020
- ISBN 9780198844358
- Binding Hardback
- No. of pages592 pages
- Size 241x164x37 mm
- Weight 1 g
- Language English 138
Categories
Short description:
With more states paying heed to environmental principles as catalysts for improving their environmental law, this book traces the evolution of environmental principles from their origins to their embodiment in enforceable laws. This edition will integrate to a greater extent the relationship between environmental principles and human rights.
MoreLong description:
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.
One cannot deny the value of the presented monograph as a comprehensive and extremely interesting study of the issues of the three principles that are key to environmental law.
Table of Contents:
General Introduction
Part I: The Polluter-Pays, Prevention, and Precautionary Principles: Three Approaches To Environmental Risk
Introduction
The Polluter-Pays Principle
The Principle of Prevention
The Precautionary Principle
Part I Conclusions
Part II: The Legal Status and Role of the Polluter-Pays, Preventive, and Precautionary Principles: A Shift From Modern to Post-modern Law
Introduction
Theoretical Presentation of Modern and Post-modern Principles
The Evolving Function of Environmental Directing Principles in the Transition From Modern to Post-modern Law
The Legal Status of the Directing Principles of Environmental Law: From Political Slogans to Normative Principles
Environmental Directing Principles Versus Free Trade
Part II Conclusions
Final Conclusions
