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Chapter

This chapter concerns two key concepts of environmental law: environmental principles and environmental policy. Both concepts are well known to those who study and practise UK and EU law, but that familiarity can be deceiving when it comes to understanding their role in environmental law, because both principles and policy perform important, distinctive, and evolving functions. Environmental principles are highly symbolic ideas of environmental policy that have been developing prominent roles in environmental law globally, including in EU environmental law. Environmental policy is often implicated in environmental law regimes because of the need to respond quickly to changing circumstances and provide detailed and technical guidance in complex policy areas. Determining the legal implications of extensive reliance on policy in environmental law is thus important. Exploring both these distinctive legal features of environmental law—principle and policy—helps to elucidate different aspects of environmental law as a subject, interrogating the jurisprudential nature of environmental law and revealing key characteristics of its developing doctrine.

Chapter

Stuart Bell, Donald McGillivray, Ole W. Pedersen, Emma Lees, and Elen Stokes

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.

Chapter

This chapter examines environmental law and policy in the European Union, considering Union powers and the international context. It discusses the framework for Union environmental law and policy; environmental principles; European Union environmental law by sector; trade in endangered species; nature conservation; environmental protection implementation and enforcement; and environmental litigation.

Chapter

This chapter reviews environmental law and policy in the European Union, considering Union powers and the international context. It discusses the framework for Union environmental law and policy; environmental principles; European Union environmental law by sector; trade in endangered species; nature conservation; environmental protection implementation and enforcement; and environmental litigation.

Chapter

Stuart Bell, Donald McGillivray, Ole W. Pedersen, Emma Lees, and Elen Stokes

This chapter broadly considers the origins and evolution of environmental law and policy. It then moves on to look at some of the key challenges for the future, and at possible trends in environmental law and in the costs of complying—and not complying—with environmental law. Environmental controls have a long history, going back to medieval statutes on small-scale pollution and the development of private law principles to deal with threats to property and communal assets such as water. Of course, until recently, few would have thought of these laws as part of something called ‘environmental law’ because their main focus was on the protection of private and common property. The adequacy of private law, in particular, fell far short of an effective protection regime, even for affected individuals.

Chapter

Paola Gaeta, Jorge E. Viñuales, and Salvatore Zappalà

This chapter discusses the fundamental principles governing international relations. The principles represent the fundamental set of standards on which States are united and which allow a degree of relatively smooth international dealings. They make up the apex of the whole body of international legislation. They constitute overriding legal standards that may be regarded as the constitutional principles of the international community. These principles are: the sovereign equality of States; the principle of non-intervention in internal affairs; the prohibition of the threat or use of force; peaceful settlement of international disputes; the duty to co-operate; the principle of good faith; self-determination of peoples; respect for human rights; and the prevention of significant environmental harm. The discussions then turn to the distinguishing traits of the fundamental principles and the close link between the principles and the need for their co-ordination.

Book

Paola Gaeta, Jorge E. Viñuales, and Salvatore Zappalá

This book provides an authoritative account of international law. It preserves and extends Antonio Cassese’s exceptional combination of a historically informed, conceptually strong, and practice-infused analysis of international law, comparing the treatment of most issues in classical international law with the main subsequent developments of this constantly evolving field. Part I of the book covers the origins and foundations of the international community. Part II is about the subjects of the international community, including States, international organizations, individuals, and other international legal subjects. Part III examines the main processes of international law-making and the normative interactions between different norms, of both domestic and international law. Part IV studies the mechanisms of implementation of international law, including State responsibility, diplomatic and judicial means of dispute settlement, and enforcement mechanisms. Part V covers a number of areas which have undergone particular development and reached a high level of specialization, namely, UN law, the law governing the use of force, international humanitarian law, international human rights law, international criminal law, international environmental law, and international economic law (trade and investment).