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.

Programme(s)

• FP3-ENV 1C - Specific research and technological development programme (EEC) in the field of the environment, 1990-1994

Topic(s)

• 0302 - Environmental policy and policy instruments

Funding Scheme

Coordinator

Participants (2)