Defined by UNEP as encompassing intergenerational justice – “the right of future generations to enjoy an adequate level of common heritage” – and intergenerational justice – “the right of all human beings within the present generation to have equitable access to the current generation`s claim to the earth`s natural resources” – environmental justice considers that the current generation is obliged to: consider the long-term impact of activities. and act to preserve the global environment and resource base for future generations. [11] Environmental protection and resource management laws can be assessed against this principle. The Law on Environmental Protection defines the responsibilities of the Egyptian government with regard to “the preparation of draft laws and decrees relating to environmental management, the collection of data on the state of the environment at the national and international levels, the preparation of regular reports and studies on the state of the environment, the formulation of the national plan and its projects, the preparation of environmental profiles for new and urban areas, and the establishment of standards to be used in planning their preparation and the preparation of an annual report on the state of the environment for submission to the President. [49] International environmental law also includes the opinions of international tribunals. Although there are few and have limited authority, the decisions carry a great deal of weight with legal commentators and have a great influence on the development of international environmental law. One of the biggest challenges in international decision-making is determining adequate compensation for environmental damage. [23] The courts include the International Court of Justice (ICJ), the International Tribunal for the Law of the Sea (ITLOS), the European Court of Justice, the European Court of Human Rights[24] and other regional conventional courts. Environmental law has evolved in response to emerging awareness and concerns about issues that affect the world. Although laws have evolved on an ad hoc basis and for a variety of reasons, some efforts have been made to identify key concepts and guiding principles common to environmental law as a whole. [9] The principles discussed below are not exhaustive and are not generally accepted or accepted. Nevertheless, they represent important principles for the understanding of environmental law worldwide. The Basic Law on the Environment is the basic structure of Japan`s environmental policy, replacing the Basic Law on Pollution Control and the Law on Nature Conservation.
The updated law aims to address “global environmental problems, urban pollution from everyday life, loss of accessible natural environment in urban areas, and degradation of environmental protection capacity in forests and agricultural land.” [55] The EPA is called a regulatory agency because Congress empowers us to draft regulations that explain the critical details needed to implement environmental legislation. In addition, a number of presidential decrees play a central role in our activities. The EPA helps regulated companies comply with federal requirements and holds companies legally liable for violations. Identified as essential conditions for “responsible governments”. and organizations in general, public participation and transparency are presented by UNEP as “an effective protection of the human right to the expression of property and opinion, as well as to seek, receive and impart ideas”. a right of access to adequate, understandable and timely information from governments and industrial companies on economic and social policies relating to the sustainable use of natural resources and environmental protection, without imposing excessive financial burdens on applicants and with adequate protection of privacy and trade secrets” and “effective judicial and administrative procedures”. These principles are set out in environmental impact assessments, laws requiring publication of and access to relevant environmental data, and administrative procedures. It is very common for the regulated industry to oppose cost-based environmental regulations. [17] Carrying out cost-benefit analyses of environmental aspects poses difficulties. It is difficult to quantify the value of an ecological value such as a healthy ecosystem, clean air or biodiversity.
The reaction of many environmentalists to comparisons between economics and ecology is summed up by former senator and Earth Day founder Gaylord Nelson: “The economy is a wholly owned subsidiary of the environment, not the other way around.” [18] Moreover, environmental issues are attributed by many to an ethical or moral dimension that goes beyond financial costs. Nevertheless, some efforts are being made to systematically identify environmental costs and goods and to take them into account in a cost-effective manner. For more information on environmental law, check out this article from the Virginia Law Review, this article from the Florida State University Journal of Land Use & Environmental Law, and this article from the University of Florida Law Review. Global and regional environmental issues are increasingly the subject of international law. Discussions on environmental issues touch on the fundamental principles of international law and have been the subject of numerous international agreements and declarations. The first examples of legal decrees aimed at consciously preserving the environment, for one`s own good or for human pleasure, can be found throughout history. At common law, the primary protection was in the law of harassment, but that only allowed private claims for damages or injunctions if there was damage to the land. For example, odours emanating from the pigsty[2], strict liability against waste deposits[3] or damage caused by the explosion of dams. [4] However, private sector enforcement was limited and proved woefully inadequate to address major environmental threats, particularly threats to shared resources. During the “Great Stench” of 1858, the discharge of sewage into the Thames began to smell so bad in the summer heat that Parliament had to be evacuated.
Ironically, the Metropolitan Sewer Commission Act of 1848 had allowed the Metropolitan Sewer Commission to shut down the city`s sumps to “clean up,” but this simply caused the river to be polluted. Within 19 days, Parliament passed another bill to build London`s sewage system. London also suffered terrible air pollution, culminating in the “Great Smog” of 1952, which in turn triggered its own legislative response: the Clean Air Act 1956. The basic regulatory structure was to set emission limits for households and businesses (particularly coal combustion), while a regulator would ensure compliance. Chemical safety laws regulate the use of chemicals in human activities, especially man-made chemicals in modern industrial applications. Unlike media-focused environmental laws (e.g., air or water quality laws), chemical control laws attempt to manage the (potential) pollutants themselves.