Product details
- Categories: Environmental Law, Environnement
- Publisher: HART PUBLISHING
- ISBN: 9781509930104
- Publication Date: 09/02/2017
- Binding: Paperback
- Number of pages: 320
- Language: English
Summary
Environmental principles – from the polluter pays and precautionary
principles to the principles of integration and sustainability –
proliferate in domestic and international legal and policy discourse,
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 legal concepts.
This book deepens the
legal understanding of environmental principles in light of recent legal
developments. It analyses the increasing legal effects of environmental
principles in different jurisdictions and demonstrates how they are
shaping and revealing innovative and evolving bodies of environmental
law. This analysis is a step forward in understanding a key feature of
modern environmental law and presents a robust methodology for dealing
with novel legal concepts in the subject. It also makes a contribution
to environmental policy debates and discussions internationally that
rely heavily on environmental principles, including their supposed legal
effects.
Table of 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
II. Why So Much Principle?
III. Limitations in Appraising Environmental Principles Legally
IV. Conclusion
II. Environmental Principles in Public International Law
III. Environmental Principles in EU Law
IV. Environmental Principles in NSW Law
V. Conclusion
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
II. The NSW Land and Environment Court: III. Mapping the ESD Case Law
IV. Conclusion
II. Environmental Principles in Environmental Law Scholarship