Environmental law

Environmental law is a collective term encompassing aspects of the law that provide protection to the environment. A related but distinct set of regulatory regimes, now strongly influenced by environmental legal principles, focus on the management of specific natural resources, such as forests, minerals, or fisheries. Other areas, such as environmental impact assessment, may not fit neatly into either category, but are nonetheless important components of environmental law.

History

The origins of environmental law date back to ancient times. Early examples of legal enactments designed to consciously preserve the environment, for its own sake or human enjoyment, are found throughout history. In the common law, the primary protection was found in the law of nuisance, but this only allowed for private actions for damages or injunctions if there was harm to land. Thus smells emanating from pig sties, smoke from chimneys, or noise from bell foundries, to name a few, could all be restrained.

Principles

Environmental law has developed in response to emerging awareness of and concern over issues impacting the entire world. While laws will vary in name and form, they are generally based on principles and concepts common to us all. Below are some of the key principles that commonly underpin legal systems around the world:

• The polluter pays principle: This is viewed as a regional custom because of the strong support it has received in most Organisation for Economic Co-operation and Development and EU countries.
• The precautionary principle: In essence, it states that if an action or policy has the potential to cause harm to the public, or to the environment, in the absence of scientific consensus, the burden of proof falls on those advocating for the action or policy.
• The principle of sustainable development: It is a pattern of resource use that aims to meet human needs while preserving the environment.

Environmental law and trade

Environmental law has failed to prevent the acceleration of environmental degradation in many areas. Although the legal system is the result of a political process, and thus the product of compromises among various social interests, environmental law has the potential to counterbalance the strong pressures being placed on the environment.

See also

• Environmental policy
• Environmental management
• Environmental protection
• Environmental impact assessment
• Sustainable development

References

Environmental law Resources
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