W2 - Environmental Principles Flashcards
(15 cards)
Distinguish between principles, approaches, concepts, rules and guides to action
Principles are more binding than concepts but still NOT a legal right
Give an overview of what EU Law mentions principles
Single European Act + TFEU both had preventative action and precautionary principles
Influences development of directives and regulations. Used by courts to interpret/apply to law
What is and is NOT the Environmental Principles Policy Statement (EPPS)
Is a statutory document that guides policymakers towards opportunities to prevent environmental damage
It is NOT rules so cannot dictate policy decisions and does NOT override relevant obligations
What is the prevention principle?
Anticipate and avoid/prevent environmental harm where there is clear risk of harm
What does international law say about the prevention principles?
Trail Smelter case - No harm and good neighbourliness principles
Pulp Mills Case ICJ
What does EU law say about the prevention principles?
1973 was the first EU Environmental Action Programme - applied to wastewater management biodiversity and EIA
Industrial Emissions Directive lays down rules designed to prevent emissions and generation of waste
Has 2 thresholds
1) Relationship between probability and extent of damage (due diligence)
2) Cost-benefit analysis
Give me an overview of the EPPS and prevention principle
Used in preference to rectification at source and the polluter pays principle
Prevention > cure
Has economic benefits of preventing additional costs/complexities when environmental damage occurs
Give an overview of the precaution principle in relation to International, EU and UK law
International
Principle 15 Rio Declaration - precautionary approach (principle is too binding so countries wouldn’t agree). Doesn’t need full scientific certainty
Case - Pulp Mills gave a narrow approach
EU
- Nothing in treaties
- Legislation like Habitats Directive
- ECJ gave legal effect to the principle in UK v Commission
UK
- EU law retained by UK
What are the 3 issues with the precaution principle?
Strong vs weak precaution - if it takes 100mn to prevent the extinction of some random bird do we do it? Use anthropocentric approach to weigh us costs vs benefits
Risk assessment - how many experts do we need to verify something, a meta analysis?
Thresholds - Should we only listen to scientists with PhD’s?
Give an overview of the polluter pays principle
Originated in economic theory to avoid distortion of competition but still internalise negative externalities
Addresses situations where harm has occurred but doesn’t serve to reduce harm is the profit is good enough as it places a price of pollution
It is a pigouvian tax where parties not in the transaction ie the public has to pay a cost
OECD plays a key role in it
What are the 5 issues with the polluters pay principle?
1) What is considered as pollution?
2) Who are the
polluters?
3) Who should pay?
4) Which costs should be paid by polluters?
5) PPP – public pays
principle, pay-to pollute principle
What are the 3 methods of implementation?
1) Command and control measures - bans, licensing etc
2) Market based instruments - tradeable permits, taxes
3) Voluntary approaches - Environmental management systems
Give an overview of the polluters pay principle in International and EU law
International
Principle 16 Rio Declaration - but little case law except the Rhine Chlorides arbitration
EU
Water framework directive
Define sustainable development
“development that meets the needs of the present
generation without compromising the ability of future
generations to meet their own needs”
Give an overview of sustainable development in International, EU and UK law
International
Soft - Rio Declaration + SDG’s
Hard - Judicial decisions eg Pulp Mills case
EU - TFEU art 11
UK
EPPS
National planning policy framework
