INTRODUCTION TO CONCEPTS AND PRINCIPLES 1 Environmental Law

2 Environment Economic Social Growth Integration

Environmental Law 3 Sources of Environmental Law Common Law Statutes, statutory instruments, etc European Union law International law Human rights law Does not comprise of one distinct set of rules

Environmental Law 4 Utilises a combination of regulatory approaches: Licensing conditions; Inspection procedures; Courts; Self-regulation Includes various laws, regulatory approaches, and instruments in order to protect environment

Environmental Law 5 Functions of environmental law: 1. Prevention of harm/damage to the environment 2. Setting environmental quality standards 3. Clean up / remediation after the event ? Who is responsible for improving the quality of the environment? What do you understand by the term ‘environment’?

Environmental Law 6 Definition of Environment A definition would include: The health of human beings; the quality of air, rivers, lakes, coastal and marine waters; the quality of food and drinking water; protection against noise; protection against the contamination of soil; protection against deforestation; a prudent use of natural resources; preservation of natural habitats, flora and fauna, landscape and all elements of natural heritage; climate; and the amenity and quality of residential areas.

Environmental Law 7 Regulation in order to protect, preserve and improve the quality of the environment Receives greater attention because of increased public awareness: 1. World Events 2. Global Environmental Problems (a) Ozone Depletion (b) Climate change / global warming (c) Transboundary air pollution / acidification 3. Membership of the European Union 4. Pressure / Interest Groups / Non-Governmental Organisations

Environmental Law 8 Environmental Law as a Discipline Grown in response to problems of pollution and public health Distinct sources Specialised laws; specific definitions Once Reactive – Now Proactive Command and control regulation – Information and education – Instruments and incentives – Economic instruments

Environmental Law 9 Environmental Principles: 1. Polluter pays 2. Precaution 3. Prevention 4. Sustainable Development Proactive Policies 1. Waste minimisation 2. Integrated pollution protection and control

Environmental Law 10 s1(2) Environmental Protection Act 1990 Defines the environment as: ‘consisting of all, or any, of the following media, namely the air, water and land; and the medium of air includes the air within buildings and the air within other natural or man-made structures above or below ground., S1(3) defines pollution of the environment S1(4) ‘Harm’