9 Preventive And Precautionary Principl Dissertation

COOPERATION

WITH

NATIONWIDE

JUDGES

AND

PROSECUTORS

CO-OPERATION

WITH

COUNTRYWIDE

JUDGES

AND

PROSECUTORS

GUIDELINES

OF

EU

ENVIRONMENTAL

RULES

IN THE

FIELD

OF

EUROPEAN

ENVIRONMENTAL

RULES

IN THE FIELD OF EUROPEAN ENVIRONMENTAL LEGISLATION

WORKSHOP UPON EU LEGISLATION

PRINCIPLES OF EU ENVIRONMENTAL LAW

© European Percentage, European Environment Agency

The Preventive and Precautionary Theory

1

RULES OF EU ENVIRONMENTAL REGULATION

Outline

 Prevention: Traditional

background

 Precaution: Historical

background

 Prevention in international law,

primary and secondary EUROPEAN UNION law

and national law

 Preventative measure in foreign,

EU and national rules

 Function of the preventive

principle

 Instruments pertaining to implementation

 Functions with the

precautionary basic principle

 Rendering and

software

 Avoidance and preventative measure – What is the difference?

 The function of the evaluate

 The political sizing

2

CONCEPTS OF EUROPEAN UNION ENVIRONMENTAL REGULATION

Prevention: Historical background

3

PRINCIPLES OF EU ENVIRONMENTAL LAW

Prevention: Historical qualifications

The Trail Smelter case

SO2 (5. 000-7. 1000 t monthly)

Canada

Path

Columbia Water

USA

Problems for agriculture and forests

Lack of real estate worth

4

CONCEPTS OF EUROPEAN UNION ENVIRONMENTAL LEGISLATION

Prevention: Historical background

" The Cortege, therefore , discovers that (…), under the principles of foreign law, along with of the law of the Combined

States, no State provides the right to use or encourage the use of it is territory in that manner as to cause personal injury by smoke in or to the terrain of another or the real estate or persons

therein, when the case is of serious result and the

damage is established by clear and convincing evidence. ”

Arbitral Tribunal 11 March 1941,

http://untreaty.un.org/cod/riaa/cases/vol_III/1905-1982.pdf., s. 1965.

� Principle 21 of the ALGUN Declaration around the Environment 1972 5

PRINCIPLES OF EUROPEAN UNION ENVIRONMENTAL LEGISLATION

Prevention: Famous background

Stockholm Declaration 72

Principle 21

States include, in accordance with the Charter from the United

International locations and the concepts of intercontinental law, the

sovereign directly to exploit their particular resources pursuant to

their own environmental and developmental plans, and

the obligation to ensure that activities within their

jurisdiction or control do not cause damage to the

environment of other towns or of areas beyond the limits of national legal system.

6

GUIDELINES OF EU ENVIRONMENTAL LEGISLATION

Prevention in International Regulation

Rio Announcement on Environment and Development

Principle a couple of

States include, in accordance with the Charter from the United

Nations and the concepts of worldwide law, the

sovereign right to exploit their particular resources pursuant to

their own environmental and developmental policies, and

the responsibility to ensure that activities within their

legislation or control do not damage the

environment of more states or of areas beyond the limits of national legislation.

7

GUIDELINES OF EUROPEAN UNION ENVIRONMENTAL REGULATION

Prevention in International Regulation

 The guidelines is enshrined in numerous

Exhibitions (on the marine environment, climate,

spend, biodiversity and so forth )

 In some worldwide treaties, the principle just

applies once " significant” damage may well occur (�

Espoo Convention Art. two (1), likewise Art. 3(h) of the

aged IPCC Enquete, now: Artwork. 7 IED)

8

PRINCIPLES OF EU ENVIRONMENTAL LEGISLATION

Prevention in primary and secondary EUROPEAN law

 Art. 192 (2) Treaty of the Working of the EUROPEAN UNION (TFEU)

 Implemented through secondary legal guidelines (Industrial

Emissions Directive, Environmental Impact Analysis

Directive, Seveso Directive, waste and water

framework assignments etc . )

9

CONCEPTS OF EUROPEAN ENVIRONMENTAL LEGISLATION

Prevention in National Law

The codification of the rule:

 Securities and exchange commission's. 5 (1) 1 The german language Federal Emission Control Act

‘Bundesimmissionsschutzgesetz' lays down

necessary conditions a plant...

Essay for the Simple Present by Steven Herrick: Characters and Their Presents