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Consequences of the introduction of an environmental viewpoint in law: a comparative and prospective analysis of a legal status for the environment

Objective

To analyze the implications of the introduction of environmental perspective such as "deep ecology" and conservationism in law. To clarify the judicial challenges involved in the development of environmental law and identify the conditions for improving its effectiveness.

The research includes two main stages :

i) an overview of existing environmental law in EU countries ;

ii) an examination of methods of strengthening the conceptual foundations of environmental law to render it more coherent and effective.

The main methods studied include :

i) the recognition of a fundamental right to a clean environment;

ii) the participation of environmental NGO's in the process of enforcement of environmental law and the recognition of an "actio popularis" in the environmental field;

iii) the role of general principles of environmental law such as the precautionary principle and the polluter-pays principle;

iv) the introduction of the trusts;

v) the integration of the "res communes" and the common heritage principle in environmental law.

The advantages and disadvantages of those different approaches are analyzed in a comparative perspective.

Funding Scheme

CSC - Cost-sharing contracts

Coordinator

Facultés Universitaires Saint-Louis
Address
43,Boulevard Du Jardin Botanique
1000 Bruxelles
Belgium

Participants (2)

JOHANN WOLFGANG GOETHE UNIVERSITAET FRANKFURT
Germany
Address
Senckenberganlage 31
60325 Frankfurt-am-main
Université de Lyon III (Université Jean Moulin)
France
Address
14 Avenue Berthelot
69363 Lyon