Flashcards in L1 - Introduction to Environmental Law Deck (35):
What is the main aim of Environmental Law?
To balance competing interests to manage human impacts on the environment at local, regional, pan-regional and international levels.
What does Anthropocentric mean?
It is a humanistic view of the environment
What is Intergenerational Equity?
A consideration for future sustainable development by taking into consideration economical, social and environmental factors
What is Primary Legislation?
A law in an Act of Parliament
What is the purpose of the Primary Legislation?
To provide a Framework
What is Secondary Legislation?
Regulations, Orders and By-Laws
What is the purpose of Secondary Legislation?
To provide the nuts and bolts for the primary legislation
What does Tertiary Guidance do?
Provides details on practical issues regarding applying the law
Is Criminal Law, Public or Private? and are you Guilty or Liable?
Is Civil Law, Public or Private? and are you Guilty or Liable?
What is the Supreme Court? and what was its former name?
It is the highest court in the UK and was formerly known as the House of Lords
What is the definition of Precedent?
"A judgment or decision of a court that is recorded in law report and used as an authority for reaching the same decision in subsequent cases"
What is Sustainable Development?
"Development that meets the needs of the present without compromising the ability of future generations to meet their own needs" (Brundtland Report, 1987)
What is the Precautionary Principle?
"When there are threats of serious or irreversible change, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation" (EC, 2001)
What is the Polluter Pays Principle?
"The polluter should bear the expenses of carrying out...pollution prevention and control measures... to ensure that the environment is in an acceptable state. In other words, the costs of these measures should be reflected in the costs of goods and services, which cause pollution in production and/or consumption" (OECD, 1974)
What are the 3 key pillars to Environmental Law?
1. Sustainable Development
2. Precautionary Principle
3. Polluter Pays Principle
What is the definition of the environment as outlined in the Environmental Protection Act 1990?
"all or any of the following media, namely air, water, land and air includes air within buildings or any other natural or man-made structure above or below the ground"
What are the 2 Main Functions of Environmental Law?
1. To regulate, manage and sanction activities
2. To allow public participation and scrutiny
What does the law control?
Industrial, commercial, construction, agricultural, extract and domestic activities
What does the law protect?
Water, land, air, human health, ecosystem functions and species
What are the 2 divisions of the law?
Public and Private
What does international environmental law do?
Govern relations between states and deal with environmental issues that cross borders or apply globally
In what year did the EU become the EU and what was it before?
It was the EC between 1993 and 2009 and the EEC between 1957 and 1993
What is the TEU?
The Treaty on the European Union
What is the TFEU?
The Treaty on the Functioning of the European Union
What are the 5 main legal institutions within the EU?
1. European Parliament
2. Council of the EU
3. European Commission
4. Court of Justice
5. Court of Auditors
What is Soft Law?
Law that is not binding
What is Primary Legislation at a European Level?
The Treaties -- TEU and TFEU
What is Secondary Legislation at a European Level?
Regulations and Directives
What are the 5 principles of Law in General?
1. To provide an overarching structure to an area of law of a whole legal system
2. To guide interpretation of statutes
3. To clarify priorities
4. To underpin and shape policies
5. To assist in resolving conflicts between conflicting interests, values and aims
In the UK where did sustainable development first appear in legislation?
In the Environment Act (1995)
Give 3 examples of where sustainable development is seen in the law
1. EU Treaties -- TEU Article 3 & TFEU Article 11
2. Natural Heritage Scotland Act 1991
3. Government of Wales Act 2006 (S.79)
Give 3 examples of where the precautionary principle is seen in the law
1. EC Treaty Article 174
2. Rio Declaration 1992
3. UNCED Principle 15
Give 3 cases (International, EU and UK Level) that demonstrated the legal significance of the precautionary principle
1. International -- Beef Hormones (USA v EC)
2. EU -- French Nuclear Testing
3. UK -- Reay and Hope v British Nuclear Fuel Plc. (Sellafield)