Principles of Environmental Law
Environmental law was developed in response to growing awareness and concern about issues affecting the entire world. While laws have been developed piecemeal and for a variety of reasons, some efforts have been made to identify key concepts and guidelines common to environmental law in general. The principles discussed below are not an exhaustive list and are not universally recognized or generally accepted. However, they represent important principles for understanding environmental law around the world.
Sustainable development
Defined by the United Nations Environment Program (UNEP) as “development that meets the needs of the present without compromising the ability of future generations to meet their own needs”, sustainable development can be seen along with the concepts of “integration” (development cannot be considered in detached from sustainability) and “interdependence” (socio-economic development and environmental protection are interdependent). Laws that mandate environmental impact assessment and require or encourage development to minimize environmental impact can be judged according to this principle.
The modern concept of sustainable development was the subject of discussion at the 1972 United Nations Conference on the Human Environment (Stockholm Conference) and the driving force behind the 1983 World Commission on Environment and Development (WCED, or World Commission on Environment and Development). Brantland). In 1992, at the first United Nations Earth Summit, the Rio Declaration was adopted, Principle 3 of which states: “The right to development must be exercised in such a way as to equitably meet the environmental and development needs of present and future generations. “. Since then, sustainable development has become a central concept in international environmental discussions, including at the World Summit on Sustainable Development (Earth Summit 2002) and the United Nations Conference on Sustainable Development (Earth Summit 2012 or Rio+20).
Equity
As defined by UNEP, it includes intergenerational justice: “the right of future generations to enjoy a fair level of the commonwealth” and intragenerational justice: “the right of all people of the current generation to fair access to the rights of the current generation to earthly goods”. Resources”. natural resources”: environmental justice suggests that the current generation has a duty to account for the long-term consequences of activities and act to maintain the global environment and resource base for future generations. Pollution control laws and resource management can be judged against this principle.
Transboundary responsibility
UNEP defines transboundary liability at the international level as a potential limitation on the rights of a sovereign state, defined in the context of international law as an obligation to protect its own environment and prevent harm to a neighboring environment. Laws that limit external impacts on human health and the environment can be evaluated in terms of this principle.
Public participation and transparency
Defined as a prerequisite for “accountable governments, … industrial concerns” and organizations in general, UNEP presents public participation and transparency as requirements for “effectively protecting the human right to hold and express an opinion and to seek, receive and impart ideas”. . ,… the right to access appropriate, understandable and timely information held by governments and industries on economic and social policies related to the sustainable use of natural resources and the protection of the environment, without imposing an undue financial burden on applicants and with adequate protection privacy and trade secrets” and “efficient judicial and administrative procedures”. These principles are present in environmental impact assessment, in-laws requiring the publication and access to relevant environmental data, and administrative procedures.
Precautionary principle
The Rio Declaration, one of the most frequently encountered and controversial principles of environmental law, states the precautionary principle as follows:
In order to protect the environment, States should widely apply the precautionary approach in accordance with their capabilities. When there are threats of serious or irreversible damage, the lack of full scientific certainty should not be used as a reason for postponing cost-effective measures to prevent environmental degradation.
This principle can play a role in any debate about the need for environmental regulation.
Prevention
The concept of prevention… is perhaps best seen as a general goal that gives rise to a variety of legal mechanisms, including the preliminary assessment of environmental damage, the issuance of licenses or permits that establish operating conditions, and consequences for violation of conditions. and the adoption of strategies and policies. Emission limits and other product or process standards, the use of the best available techniques, and similar practices can be seen as an application of the prevention concept.
The Polluter Pays Principle
The polluter pays principle supports the idea that “the environmental costs of economic activity, including the costs of avoiding potential harm, should be internalized rather than borne by society as a whole”. All issues related to responsibility for environmental remediation costs and compliance with pollution control rules affect this principle.
