Environmental Law Principles: From Political Slogans to Legal Rules
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.
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Environmental Law Principles: From Political Slogans to Legal Rules
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.
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Environmental Law Principles: From Political Slogans to Legal Rules

Environmental Law Principles: From Political Slogans to Legal Rules

by Nicolas de Sadeleer
Environmental Law Principles: From Political Slogans to Legal Rules

Environmental Law Principles: From Political Slogans to Legal Rules

by Nicolas de Sadeleer

Hardcover(2nd ed.)

$150.00 
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Overview

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.

Product Details

ISBN-13: 9780198844358
Publisher: Oxford University Press
Publication date: 12/24/2020
Edition description: 2nd ed.
Pages: 592
Product dimensions: 9.40(w) x 6.10(h) x 0.90(d)

About the Author

Nicolas de Sadeleer is professor and Jean Marie Chair at Saint-Louis University (Brussels). He is a specialist of EU law (institutions, internal market), environmental law (international and domestic) and comparative law. He is an active commentator on EU legal and political issues in the areas of trade, investment, and sustainable development. In addition to holding guest academic positions at over forty universities around the world, he has been the recipient of five international university chairs.
He has worked as a lawyer and as consultant with national and international authorities on a wide range of environmental issues. His research has been published with leading scholarly publishing houses and journals around the globe.

Table of Contents

1. General IntroductionPart I: The Polluter-Pays, Prevention, and Precautionary Principles: Three Approaches To Environmental Risk2. Introduction3. The Polluter-Pays Principle4. The Principle of Prevention5. The Precautionary Principle6. Part I ConclusionsPart II: The Legal Status and Role of the Polluter-Pays, Preventive, and Precautionary Principles: A Shift From Modern to Post-modern Law7. Introduction8. Theoretical Presentation of Modern and Post-modern Principles9. The Evolving Function of Environmental Directing Principles in the Transition From Modern to Post-modern Law10. The Legal Status of the Directing Principles of Environmental Law: From Political Slogans to Normative Principles11. Environmental Directing Principles Versus Free Trade12. Part II ConclusionsFinal Conclusions
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