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Principles of Environmental Law
Environmental law principles, such as the polluter pays, the precautionary principle or the common but differentiated responsibilities, have had a very important function in the shaping and evolution of the young sector of environmental law which has developed over the last fifty years. Yet, their status, content, binding force and functions in law remain largely uncertain. Forming a key part of the Elgar Encyclopedia of Environmental Law, this book examines the facets of environmental principles in international, national and regional law, as applied in different parts of the world and by a variety of courts. It assembles more than fifty contributions from all continents which clarify that, as the environment itself has no voice and cannot express its concerns, there is an overriding importance of scholars'' active discussion of environmental principles. The book demonstrates that the necessity to preserve this planet requires a continuous, democratic discussion of values, objectives and concepts which are expressed in the numerous and continuously evolving environmental principles.
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Critical Acclaim
Contributors
Contents
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With a considerable influence on national and international legislators, courts, public administrators and private companies, environmental principles – such as the polluter-pays principle, sustainable development or the precautionary principle – play an important role in the making, application and the interpretation of environmental law. As a key part of the Elgar Encyclopedia of Environmental Law, this comprehensive volume provides detailed coverage of all of the important environmental principles and offers unique insights as well as wider reflection on the role played by principles.
With 50 structured entries written by leading scholars from around the world the volume discusses the various environmental principles in turn, covering their impact on international cooperation, their varying importance globally, their relevance in the jurisprudence of international and European courts and their growing importance in international business practice. As well as forming an authoritative reference source, Principles of Environmental Law offers new insights into this topic, which has developed strongly over the last 50 years and has become increasingly fundamental for the future of the planet.
As well as forming an indispensable guide, this important volume offers both a reflection on the evolution of the legal principles and insight into their practical application. It will prove an essential resource for students, academics, judges, company lawyers, and administrators.
With 50 structured entries written by leading scholars from around the world the volume discusses the various environmental principles in turn, covering their impact on international cooperation, their varying importance globally, their relevance in the jurisprudence of international and European courts and their growing importance in international business practice. As well as forming an authoritative reference source, Principles of Environmental Law offers new insights into this topic, which has developed strongly over the last 50 years and has become increasingly fundamental for the future of the planet.
As well as forming an indispensable guide, this important volume offers both a reflection on the evolution of the legal principles and insight into their practical application. It will prove an essential resource for students, academics, judges, company lawyers, and administrators.
Critical Acclaim
‘This is a weighty tome, consisting of 49 chapters and running to some 743 pages – weighty in length, and also in substance. It is a timely and substantial contribution to the field of environmental law, containing a rich body of erudition that will be of significant value to environmental lawyers, and indeed to others with a high-level interest in environmental studies. The editors and contributors consist of a roll-call of many of the foremost names in legal environmental scholarship. The cumulative commentaries and analyses do not disappoint.’
– Thomas Muinzer, The Idox Information Service
‘It is masterful, informative and stimulating, with contributions from a host of lawyers from the international environmental law community. . . There is much of value in this book and it is highly
recommended.’
– Nicholas Whitsun-Jones, elaw
‘This volume examines over two-dozen environmental principles, and does an excellent job of distinguishing between principles and rules. Early sections cover particular principles such as proximity, integration, sustainable production, eliminating harm, and nonregression. Later sections are devoted to environmental principles in particular areas of the world, such as North America, Europe, Russia, Australia, and Africa, and explain how different legal cultures affect these principles. The role of the courts in applying the principles and their incorporation into treaties is also examined. The contributors hail mainly from academic institutions and many different countries and disciplines, and this diversity brings a welcome international perspective and multidisciplinary approach to the volume. Each of the approximately 50 well-written sections contain an abstract, keywords, an outline, many footnotes, and an extensive bibliography, and there is a long list of abbreviations and a very thorough index.’
– M. A. Manion, Choice
‘The book exposes the richness, diversity and dynamics of environmental principles in international and national law regarding their legal status, practical role in the legal system and substantive meaning. It also draws the attention of the reader to the gap that exists between the legal aspirations associated with environmental principles and their limited practical impact on environmental policy and the state of the environment world-wide.’
– Eckard Rehbinder, Goethe University Frankfurt, Germany
‘Everything you need to know about environmental principles in one easily accessible book. An essential resource for all who seek to protect the environment and all who will have an impact on the environment as part of their work.’
– Sharon Beder, author of Environmental Principles and Policies
‘Principles of Environmental Law is a superb exposition of the norms that guide the environmental conduct of States and their governmental agencies, courts, intergovernmental organizations and ultimately humans. The distinguished contributors reflect all legal traditions and provide profound assessment for the breadth of principles presented.’
– Nicholas A. Robinson, Pace University, US
– Thomas Muinzer, The Idox Information Service
‘It is masterful, informative and stimulating, with contributions from a host of lawyers from the international environmental law community. . . There is much of value in this book and it is highly
recommended.’
– Nicholas Whitsun-Jones, elaw
‘This volume examines over two-dozen environmental principles, and does an excellent job of distinguishing between principles and rules. Early sections cover particular principles such as proximity, integration, sustainable production, eliminating harm, and nonregression. Later sections are devoted to environmental principles in particular areas of the world, such as North America, Europe, Russia, Australia, and Africa, and explain how different legal cultures affect these principles. The role of the courts in applying the principles and their incorporation into treaties is also examined. The contributors hail mainly from academic institutions and many different countries and disciplines, and this diversity brings a welcome international perspective and multidisciplinary approach to the volume. Each of the approximately 50 well-written sections contain an abstract, keywords, an outline, many footnotes, and an extensive bibliography, and there is a long list of abbreviations and a very thorough index.’
– M. A. Manion, Choice
‘The book exposes the richness, diversity and dynamics of environmental principles in international and national law regarding their legal status, practical role in the legal system and substantive meaning. It also draws the attention of the reader to the gap that exists between the legal aspirations associated with environmental principles and their limited practical impact on environmental policy and the state of the environment world-wide.’
– Eckard Rehbinder, Goethe University Frankfurt, Germany
‘Everything you need to know about environmental principles in one easily accessible book. An essential resource for all who seek to protect the environment and all who will have an impact on the environment as part of their work.’
– Sharon Beder, author of Environmental Principles and Policies
‘Principles of Environmental Law is a superb exposition of the norms that guide the environmental conduct of States and their governmental agencies, courts, intergovernmental organizations and ultimately humans. The distinguished contributors reflect all legal traditions and provide profound assessment for the breadth of principles presented.’
– Nicholas A. Robinson, Pace University, US
Contributors
Contributors: A. Aaragao, M. Alberton, S. Atapattu, V. Barral, B. Boer, N. Craik, C. Dalhammar, J. Darpö, N. de Sadeleer, O. Dubovik, L.-A. Duvic-Paoli, T. Fajardo del Castillo, R. Fowler, M. Führ, M. Gestri, G. Handl, M. Hedemann-Robinson, S. Khan, R. Kibugi, S. Kingston, V. Koester, L. Krämer, K. Kulovesi, R. Lefeber, R. Macrory, C.W. Malcomb, G.J. Martin, E. Meidinger, I. Michallet, B. Milligan, M. Montini, E. Morgera, D.M. Ong, E. Orlando, A. Panovic, O. Pedersen, M. Peeters, M. Prieur, A. Proelss, L. Rajamani, C. Redgwell, M. Reese, A. Röhricht, G. Roller, J. Schenten, P. Schwartz, D. Spitzer, T. Stephens, H. Strydom, P. Taylor, E. Tsioumani, J.B. Wiener, G. Winter, Y. Zhao
Contents
Contents:
Foreword to the Encyclopedia
Jamie Benidickson and Yve Le Bouthillier
Foreword to Volume VI
Michael Faure
Introduction to Volume VI – Ludwig Kramer and Emanuela Orlando
Part I General Concepts
1. Principles and rules
Gilles Martin
2. The History and evolution of legal principles concerning the environment
Ben Milligan and Richard Macrory
3. Environmental law principles and general principles of international law
Teresa Fajardo del Castillo
4. Environmental principles and the right to a quality environment
Ben Boer
Part II The Principles, Existing and Emerging
5. Sovereignty of States over their natural resources –
Marco Gestri
6. Responsibility not to cause transboundary environmental harm
René Lefeber
7. The Principle of Sustainable development
Virginie Barral
8. Sustainable use of natural resources
Catherine Redgwell
9. Sustainable production and consumption (SPC)
Martin Führ and Julian Schenten
10. The Principle of integration
Massimiliano Montini
11. Equity and the interest of future generations
Isabelle Michallet
12. Principle of prevention
Leslie-Anne Duvic Paoli
13. Precautionary principle
Jonathan Wiener
14. The principle of fighting environmental harm at source
Ludwig Kramer
15. Environmental impact assessment
Neil Craik
16. Extended producer responsibility
Carl Dalhammar
17. The proximity principle
Moritz Reese
18. Substitution : From Alternatives to ecological proportionality
Gerd Winter
19. The Principle of non-regression
Michel Prieur
20. Polluter pays principle
Priscilla Schwartz
21. Liability
Emanuela Orlando
International cooperation
22. Common but differentiated responsibilities
Lavanya Rajamani
23. Common heritage of mankind and common concern of humankind
Prue Taylor
24. Fair and equitable benefit-sharing
Elisa Morgera
25. Prior informed consent
Gerhard Roller
Good governance
26. Access to Information and Transparency
Attila Pánovics
27. Public participation in environmental decision-making
Elsa Tsioumani
28. Principle 10 and Access to justice
Jan Darpö
Part III Geographical Differentiation of Principles
29. Environmental principles in US and Canadian Law
Errol Meidinger, Daniel Spitzer and Charles Malcomb
30. Environmental principles in China
Yuhong Zhao
31. Principles of Russian environmental Law
Olga Doubovik and Alla Roehricht
32. Environmental principles in the EU
Alexandra Aaragao
33. Environmental principles in Asia
Sumudu Atapattu
34. Environmental principles in Australia
Rob Fowler
35. Environmental principles in Africa
Hennie Strydom
Part IV The Principles in International Environmental Agreements
36. Environmental principles in international climate change law
Marjan Peeters
37. Environmental principles in maritime and fresh water agreements
Mariachiara Alberton
38. Environmental principles and concepts in biodiversity treaties
Veit Koester
Part V The Principles in Court
39. Environmental principles and the International Court of Justice
Tim Stephens
40. Environmental principles and ITLOS
Alexander Proelss
41. Environmental principles and the European Court on Human Rights
Ole Pedersen
42. Environmental principles and the EU Court of Justice
Ludwig Krämer
43. The Precautionary Principle in WTO Law
Nicolas de Sadeleer
Part VI The principles in international practice
44. Common but Differentiated Responsibilities in a North-South Context: Assessment of the Evolving Practice under Climate Change Treaties
Robert Kibugi
45. The integration of environmental principles into the policy and practice of multilateral development banks
Gunther Handl
46. Environmental principles in trade relations
Kati Kulovesi and Sabaa Kahn
47. Environmental principles in international investment law
David Ong
48. Enforcement and sanctions
Martin Hedemann-Robinson
49. Environmental principles and environmental disputes and their settlement
Suzanne Kingston
Index
Foreword to the Encyclopedia
Jamie Benidickson and Yve Le Bouthillier
Foreword to Volume VI
Michael Faure
Introduction to Volume VI – Ludwig Kramer and Emanuela Orlando
Part I General Concepts
1. Principles and rules
Gilles Martin
2. The History and evolution of legal principles concerning the environment
Ben Milligan and Richard Macrory
3. Environmental law principles and general principles of international law
Teresa Fajardo del Castillo
4. Environmental principles and the right to a quality environment
Ben Boer
Part II The Principles, Existing and Emerging
5. Sovereignty of States over their natural resources –
Marco Gestri
6. Responsibility not to cause transboundary environmental harm
René Lefeber
7. The Principle of Sustainable development
Virginie Barral
8. Sustainable use of natural resources
Catherine Redgwell
9. Sustainable production and consumption (SPC)
Martin Führ and Julian Schenten
10. The Principle of integration
Massimiliano Montini
11. Equity and the interest of future generations
Isabelle Michallet
12. Principle of prevention
Leslie-Anne Duvic Paoli
13. Precautionary principle
Jonathan Wiener
14. The principle of fighting environmental harm at source
Ludwig Kramer
15. Environmental impact assessment
Neil Craik
16. Extended producer responsibility
Carl Dalhammar
17. The proximity principle
Moritz Reese
18. Substitution : From Alternatives to ecological proportionality
Gerd Winter
19. The Principle of non-regression
Michel Prieur
20. Polluter pays principle
Priscilla Schwartz
21. Liability
Emanuela Orlando
International cooperation
22. Common but differentiated responsibilities
Lavanya Rajamani
23. Common heritage of mankind and common concern of humankind
Prue Taylor
24. Fair and equitable benefit-sharing
Elisa Morgera
25. Prior informed consent
Gerhard Roller
Good governance
26. Access to Information and Transparency
Attila Pánovics
27. Public participation in environmental decision-making
Elsa Tsioumani
28. Principle 10 and Access to justice
Jan Darpö
Part III Geographical Differentiation of Principles
29. Environmental principles in US and Canadian Law
Errol Meidinger, Daniel Spitzer and Charles Malcomb
30. Environmental principles in China
Yuhong Zhao
31. Principles of Russian environmental Law
Olga Doubovik and Alla Roehricht
32. Environmental principles in the EU
Alexandra Aaragao
33. Environmental principles in Asia
Sumudu Atapattu
34. Environmental principles in Australia
Rob Fowler
35. Environmental principles in Africa
Hennie Strydom
Part IV The Principles in International Environmental Agreements
36. Environmental principles in international climate change law
Marjan Peeters
37. Environmental principles in maritime and fresh water agreements
Mariachiara Alberton
38. Environmental principles and concepts in biodiversity treaties
Veit Koester
Part V The Principles in Court
39. Environmental principles and the International Court of Justice
Tim Stephens
40. Environmental principles and ITLOS
Alexander Proelss
41. Environmental principles and the European Court on Human Rights
Ole Pedersen
42. Environmental principles and the EU Court of Justice
Ludwig Krämer
43. The Precautionary Principle in WTO Law
Nicolas de Sadeleer
Part VI The principles in international practice
44. Common but Differentiated Responsibilities in a North-South Context: Assessment of the Evolving Practice under Climate Change Treaties
Robert Kibugi
45. The integration of environmental principles into the policy and practice of multilateral development banks
Gunther Handl
46. Environmental principles in trade relations
Kati Kulovesi and Sabaa Kahn
47. Environmental principles in international investment law
David Ong
48. Enforcement and sanctions
Martin Hedemann-Robinson
49. Environmental principles and environmental disputes and their settlement
Suzanne Kingston
Index
