Overview

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.

Full Product Details

Author:   Nicolas de Sadeleer (Facultés Universitaires Saint-Louis, Brussels, Director of the Environmental Law Centre, CEDRE.)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 15.60cm , Height: 2.70cm , Length: 23.40cm
Weight:   0.739kg
ISBN:  

9780199280926

ISBN 10:   0199280924
Pages:   488
Publication Date:   27 January 2005
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Out of Print
Availability:   In Print  
Limited stock is available. It will be ordered for you and shipped pending supplier's limited stock.

Table of 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

Reviews

The book represents a step forward in the theory on the nature and functions of the environmental principles communicating complex concepts. ... Therefore the book can strongly be recommended to environmental academics. Nordic Journal of International Law

Author Information

Nicolas de Sadeleer teaches environmental law at the Facultés Universitaires Saint-Louis in Brussels, where he is Director of their Environmental Law Centre, CEDRE.

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