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Vol 21 No 11 Nov/Dec 2016

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Environmental Principles: From Political Slogans to Legal Rules


ISBN13: 9780199280926
ISBN: 0199280924
Published: January 2005
Publisher: Oxford University Press
Country of Publication: UK
Format: Paperback
Price: £38.99



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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 due in 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 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.;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.

Subjects:
Environmental Law
Contents:
General Introduction
PART I: THE POLLUTER PAYS, PREVENTION AND PRECAUTIONARY PRINCIPLES: THREE APPROACHES TO ENVIRONMENTAL RISK
Part I Introduction
Chapter 1 The polluter-pays principle
Chapter 2 The principle of prevention
Chapter 3 The Precautionary principle
Part I Conclusions
PART II : THE LEGAL STATUS AND ROLE OF THE POLLUTER-PAYS, PREVENTIE AND PRECAUTIONARY PRINCIPLES : A SHIFT FROM MODERN TO POST-MODERN LAW
Part II Introduction
Chapter 4 Theoretical Presentation of Modern and Post-Modern Principles
Chapter 5 The evolving function of environmental directing principles in the transition from modern to post-modern law
Chapter 6 The legal status of the directory principles of environmental law: from political slogans to normative principles
Chapter 7 Environmental directing principles versus free trade
Part II Conclusions; Apendix I: Table of Materials; Bibliography; Index