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Vol 22 No 4 April/May 2017

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Environmental Principles and the Evolution of Environmental Law


ISBN13: 9781849462976
Published: December 2016
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £60.00



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Environmental principles proliferate in domestic international legal and policy discourse - from the polluter pays and precautionary principles to the principles of integration and sustainability - reflecting key goals of environmental protection and sustainable development on which there is apparent political consensus.

Environmental principles also have a high profile in environmental law, beyond their popularity as policy and political concepts, as ideas that might unify the subject and provide it with conceptual foundations or boost its delivery of environmental outcomes.

However, environmental principles are elusive concepts in environmental law - their meanings and legal functions are ambiguous, and they have varying histories in different jurisdictions. This book aims to deepen the legal understanding of environmental principles in light of recent legal developments. To this end, it analyses closely the increasing legal effects of environmental principles in different jurisdictions to demonstrate how they are in fact shaping and revealing innovative bodies of environmental law.

This analysis is a step forward in understanding a key feature of modern environmental law, as well as being a contribution to environmental policy debates and discussions internationally that rely heavily on environmental principles, including their supposed legal effects.

Subjects:
Environmental Law
Contents:
1. Principles Principles Everywhere: Making Sense of Environmental Principles as Legal Concepts
I. Introduction
II. Environmental Principles and Their High Profile in Environmental Law
III. Methodology and Scope
IV. Conclusion

2. Environmental Principles and Environmental Law
I. Introduction
II. Why So Much Principle?
III. Limitations in Appraising Environmental Principles Legally
IV. Conclusion

3. Legal Contours of Environmental Principles Across Jurisdictions
I. Introduction
II. Environmental Principles in Public International Law
III. Environmental Principles in EU Law
IV. Environmental Principles in NSW Law
V. Conclusion

4. Environmental Principles in European Union Case Law
I. Introduction
II. The Jurisdiction and Institutional Identity of EU Courts: Reasoning with Environmental Principles in EU Legal Culture
III. Policy Cases
IV. Interpretive Cases
V. Informing Legal Test Cases: Reviewing the Boundaries and Exercise of EU Environmental Competence
VI. Principle of Sustainable Development
VII. Conclusion

5. Principles of Ecologically Sustainable Development in the New South Wales Land and Environment Court
I. Introduction
II. The NSW Land and Environment Court
III. Mapping the ESD Case Law
IV. Conclusion

6. Conclusions
I. Environmental Principles and Doctrinal Evolution
II. Environmental Principles in Environmental Law Scholarship