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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

This chapter turns to some of the environmental rights and obligations which attach to individuals, corporations, and NGOs in international law. The chapter considers some alternative approaches to the implementation and enforcement of international environmental law. Relying less on interstate claims, or on mechanisms of international supervision, the development of human-rights approaches to environmental protection and the economic logic of the polluter-pays principle have made claims by individuals an increasingly attractive means of dealing with domestic or transboundary environmental problems. But the diversity of the issues needs emphasis in this context also. National remedies are not necessarily alternatives to the systems considered in the last chapter, but are more often complementary to it, and only in certain respects more useful. The variety of approaches now available for the resolution of international environmental disputes does indicate the increasing sophistication of the international legal system, the chapter argues.

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

This chapter discusses the role of international law in addressing environmental problems. It reviews the salient legal principles: the preventive principle, the precautionary principle, the concept of sustainable development, the polluter-pays principle, the sic utere tuo principle, and the obligation of environmental impact assessment. It gives an overview of the key multilateral conventions covering traffic in endangered species, protection of the ozone layer, transboundary movement of hazardous wastes, climate change, and protection of the marine environment.