Environmental Principles: From Political Slogans to Legal Rules

Environmental Principles: From Political Slogans to Legal Rules

by Nicolas de Sadeleer
     
 

ISBN-10: 0199254745

ISBN-13: 9780199254743

Pub. Date: 01/23/2003

Publisher: Oxford University Press, USA

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

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Overview

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. The author examines the legal force of these principles and in the process offers a novel theory of norm formation in environmental law by unearthing new grounds of legality.

Product Details

ISBN-13:
9780199254743
Publisher:
Oxford University Press, USA
Publication date:
01/23/2003
Pages:
482
Product dimensions:
9.30(w) x 6.40(h) x 1.40(d)

Table of Contents

General Introduction
The Polluter Pays, Prevention and Precautionary Principles: Three Approaches to Environmental Risk
1. The polluter-pays principle
2. The Principle of prevention
3. The Precautionary principle
Conclusions of part one
PART II : THE LEGAL STATUS AND ROLE OF THE POLLUTER-PAYS, PREVENTIE AND PRECAUTIONARY PRINCIPLES : A SHIFT FROM MODERN TO POST-MODERN LAW
Introduction
1. Theoretical Presentation of Modern and Post-Modern Principles
2. The evolving function of environmental directing principles in the transition from modern to post-modern law
3. The legal status of the directory principles of environmental law: from political slogans to normative principles
4. Environmental directing principal v free trade
Conclusions of part two
Final conclusions

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