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Chapter

Cover Environmental Law

3. Environmental values, principles, and rights  

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.

Book

Cover Environmental Law

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

Trusted by generations of students and academics alike, Environmental Law continues to provide, in its ninth edition, broad and comprehensive coverage of the key topics taught on most environmental law courses, explaining the subject in its social and political context, and considering both UK, EU, and international perspectives. Known for its clear structure and systematic approach, the book considers topics by theme and by sector, allowing more experienced readers to explore the intricacies of the subject while also providing a logical introduction for those new to environmental law or without a legal background. A clear and easy-to-understand writing style helps ensure readers are informed yet not overwhelmed, while useful diagrams and tables help to explain complex points. The new edition also features case studies, information boxes, and self-test questions to help draw out key points and consolidate your learning in preparation for assessments and further research. New to this edition are: discussions of the potential impact of Brexit on UK environmental law; an additional chapter discussing the regulation of new technologies, such as ‘fracking’; coverage of important cases such as Coventry v. Lawrence on nuisance, Walton, Champion, and the HS2 decision on environmental assessment, the ClientEarth air pollution litigation and the ICJ’s decision in Costa Rica v. Nicaragua; analysis of the Paris Agreement and other recent climate change developments; analysis of the new EIA Directive; discussion on the new sentencing guidelines; and enhanced coverage of the latest developments in respect to costs of litigation and the role of courts, the Aarhus Convention, and environmental rights.