Law and Sustainable Development Gabriel Michanek Professor in Environmental Law Faculty of Law Uppsala University, Sweden.

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Presentation transcript:

Law and Sustainable Development Gabriel Michanek Professor in Environmental Law Faculty of Law Uppsala University, Sweden

Law and Sustainable Development Evolution of Environmental Law Legal ”Tools” for Sustainable Development Discussion topics

Evolution of Environmental Law ”Neighbor Law” ”Harmless Use of Territory” (international principle) Trail Smelter Case 1935

Evolution of Environmental Law The right to respect for private and family life European Convention on Human Rights, Article 8 Lopez Ostra v. Spain Fadeyeva v. Russia

Evolution of Environmental Law ”Sustainable development” - Protection against pollution - Conservation of biodiversity - Wise use of natural resources and energy - Etc. Legal implementation

Environmental legal “tools” for sustainable development Environmental Principles: - Precautionary principle - Polluter Pays Principle

Environmental legal “tools” for sustainable development Integrated pollution prevention control (IPPC) All pollution, noise etc. Control of chemicals, waste management Use of energy etc. Considered in one permit Best solution within reasonable costs (”best available technology”) Protection priority related to the specific conditions in each case

Environmental legal “tools” for sustainable development Environmental Impact Assessment (EIA) General limits for all polluters Cap and trade - cap for total emissions of e.g. CO2 - each polluter gets a certain amount of CO2 emission rights - polluters can sell and buy emission rights, but - the total emissions must remain beneath the cap! Environmental quality standards

Environmental legal “tools” for sustainable development Adaptive planning of entire ecosystems Protection of species and habitats Protection of entire ecosystems Licensing, supervision and control Information, participation and ”access to justice” Management plan for water basins Action programme including water quality standards Setting objectives for waters Enforcing the programme Supervision

Environmental legal “tools” for sustainable development Information, participation and ”access to justice” ”Aarhus convention”

Topics for discussion How to deal with conflicting environmental objectives? E.g. development of windmills Renewable energy resource Landscape protection

Topics for discussion Information, participation and access to justice - A matter of democracy and of legal protection of individual - The ”public watchdog” – reviews and supplements the role of environmental authorities - How is it in Sweden? How in Russia?

Topics for discussion Is environmental control efficient in practice? - Lack or resources? - Political influence?

Topics for discussion Integrated licensing control and/or general emission limits? - Costs? - Risk for incorrect considerations?