ISBN : 9780198844358
New to this Edition:
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.
Part I: The Polluter-Pays, Prevention, and Precautionary Principles: Three Approaches To Environmental Risk
3:The Polluter-Pays Principle
4:The Principle of Prevention
5:The Precautionary Principle
6: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
8:Theoretical Presentation of Modern and Post-modern Principles
9:The Evolving Function of Environmental Directing Principles in the Transition From Modern to Post-modern Law
10:The Legal Status of the Directing Principles of Environmental Law: From Political Slogans to Normative Principles
11:Environmental Directing Principles Versus Free Trade
12:Part II Conclusions
"Reviews from previous edition"
"This book is a formidable feat of legal scholarship ... likely to remain a milestone for years to come and one which no-one working in this field can ignore." - Chris Miller, Environmental Law Review
"De Sadeleer's Environmental Principles is a tour de force, a showpiece of legal as well as contextual analysis, a constant proof of the author's sharp intellect, a reference book." - Geert van Calster, European Environmental Law Review
"... impressively-researched ... This book can be warmly recommended to anyone with an interest in the theory, development and practical working of environmental law ... it is well written and logically structured, with clear section headings as useful signposts to the direction of argument." - Stephen Tromans, Journal of Environmental Law
"The book represents a step forward in the theory of the nature and functions of the environmental principles communicating rather complex concepts. The analyses are original, important and largerly convincing and deserve attention. The book can strongly be recommended to environmental academics." - Peter Pagh, Nordic Journal of International Law