Environmental Principles
From Political Slogans to Legal Rules

 

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Environmental Principles
From Political Slogans to Legal Rules

by Nicolas de Sadeleer (Author)

 

Hardback

ISBN: 9780199254743

 

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This title traces the evolution of environmental principles from their origins as vague political slogans to their embodiment in enforceable laws. It examines three principles: the polluter pays principle, the preventive principle and the precautionary principle, and their legal effect at the national, regional, and international levels.


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. The book will be of interest to all 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.


 

ISBN 199254745
ISBN13 9780199254743
Publisher Oxford University Press
Format Hardback
Publication date 07/11/2002
Pages 482
Weight (grammes) 826
Published in United Kingdom
Height (mm) 234
Width (mm) 156

PART I: 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, PREVENTIVE 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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