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Environmental Law

Environmental Law (9th edn)

Stuart Bell, Donald McGillivray, Ole Pedersen, Emma Lees, and Elen Stokes
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date: 07 December 2023

p. 423. Environmental values, principles, and rightslocked

p. 423. Environmental values, principles, and rightslocked

  • Stuart Bell, Stuart BellProfessor of Law and Dean of the Faculty of Social Sciences, University of York
  • Donald McGillivray, Donald McGillivrayProfessor of Environmental Law, University of Sussex
  • Ole W. Pedersen, Ole W. PedersenReader in Environmental Law, Newcastle University
  • Emma LeesEmma LeesUniversity Lecturer in Environmental and Property Law, University of Cambridge
  •  and Elen StokesElen StokesProfessorial Research Fellow in Law, University of Birmingham

Abstract

This chapter focuses on the complexity of environmental problems, which is one of its defining characteristics in the sense that there are often many interconnected, variable elements to the problem. It considers the interaction between values and environmental law, which involves some reflection on differing attitudes to the environment. The chapter examines some of the ways in which these values are translated into environmental principles, such as the goal of sustainable development or the Precautionary Principle; it then goes on to consider the question of whether these principles have legal status in the sense that they create legally enforceable rights and duties. Finally, it considers broader questions of environmental justice and the role of different types of rights in environmental protection.

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Note: An update has been made available on the Online Resource Centre (June 2017).

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