Environmental Principles: From Political Slogans to Legal Rules

Paperback | March 8, 2005

byNicolas de Sadeleer

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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. Since the early 1970s environmental issues have taken on an ever increasing profile. This has been duein part to a fundamental change in the type and scale of risk posed by industry. Issues such as global warming, GM food, and mad cow disease typify the new kinds of risk: potentially catastrophic consequences could ensue yet there is no scientific agreement over their precise causation, duration,and other concerns. 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 mostimportant 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 inenvironmental law by unearthing new grounds of legality.The book will be of value to all those with an interest in environmental law and policy, in the relationship between law and science, and in the ways in which political and ethical values can become embodied in laws.

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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. Since the early 1970s environmental issues have taken on an ever increasing profile. This has been duein part to a fundamental change in the type ...

Nicolas de Sadeleer teaches environmental law at the Facultes Universitaires Saint-Louis in Brussels, where he is Director of their Environmental Law Centre, CEDRE.
Format:PaperbackDimensions:482 pages, 9.21 × 6.14 × 1.08 inPublished:March 8, 2005Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199280924

ISBN - 13:9780199280926

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Table of Contents

General IntroductionPart I: The Polluter Pays, Prevention and Precautionary Principles: Three Approaches to Environmental RiskPart I IntroductionChapter 1 The polluter-pays principleChapter 2 The principle of preventionChapter 3 The Precautionary principlePart I ConclusionsPART II : THE LEGAL STATUS AND ROLE OF THE POLLUTER-PAYS, PREVENTIE AND PRECAUTIONARY PRINCIPLES : A SHIFT FROM MODERN TO POST-MODERN LAWPart II IntroductionChapter 4 Theoretical Presentation of Modern and Post-Modern PrinciplesChapter 5 The evolving function of environmental directing principles in the transition from modern to post-modern lawChapter 6 The legal status of the directory principles of environmental law: from political slogans to normative principles Chapter 7 Environmental directing principles versus free tradePart II ConclusionsApendix I: Table of MaterialsBibliographyIndex

Editorial Reviews

`...ambitious and wide-ranging...an exciting and passionate book...an important work [which] will, without a doubt, become a touchstone for debate in this area.'Liz Fisher, The yearbook of European Environmental Law Volume 4