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Environmental Law Principles
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4. Environmental Justice
Environmental Justice is the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies. Application of this principle can be seen in advocacy for marginalized communities affected disproportionately by environmental hazards.
6. Ecological Sustainability
Ecological Sustainability refers to the capacity of ecosystems to maintain their essential functions and processes, and retain their biodiversity in full measure over the long-term. It underpins laws focused on protected areas, biodiversity conservation, and habitat restoration.
8. Environmental Impact Assessment (EIA)
Environmental Impact Assessment is a process used to predict the environmental consequences (positive or negative) of a plan, policy, program, or actual projects prior to the decision to move forward with the proposed action. The applications include EIA reports for construction projects, new infrastructures, or any industrial development.
3. Precautionary Principle
The Precautionary Principle suggests that if an action or policy has a suspected risk of causing harm to the public or to the environment, in the absence of scientific consensus, the burden of proof falls on those advocating for the action. It guides risk management in situations of scientific uncertainty. Application examples are GMO regulations and climate change mitigation policies.
2. Polluter Pays Principle
The Polluter Pays Principle states that those who produce pollution should bear the costs of managing it to prevent damage to human health or the environment. Applications of this principle include environmental taxes, fines, and emissions trading schemes.
9. Common But Differentiated Responsibilities (CBDR)
CBDR is a principle of international environmental law that acknowledges the different capabilities and differing responsibilities of individual countries in addressing environmental degradation. Developed countries are acknowledged to have more responsibility due to their historical contributions to pollution. This principle is applied in international climate agreements like the Kyoto Protocol and the Paris Agreement.
5. Public Participation
Public Participation asserts that the community should have access to the decision-making process in environmental matters that affect them. This can be applied through public hearings, comment periods on proposed laws, and collaboration with indigenous communities in managing natural resources.
7. Intergenerational Equity
Intergenerational Equity is the concept of fairness or justice between generations. The principle holds that current policies should not be to the detriment of future generations. It can be applied in policies like preserving natural resources, mitigating climate change, and controlling public debt.
10. Conservation of Biological Diversity
The Conservation of Biological Diversity aims to protect species, genetic variability, and ecosystem diversity from extinction and decline. It is applied through biodiversity action plans, endangered species protection, and international treaties like the Convention on Biological Diversity (CBD).
1. Sustainable Development
Sustainable Development is the organizing principle for meeting human development goals while simultaneously sustaining the ability of natural systems to provide the natural resources and ecosystem services upon which the economy and society depend. Its application can be seen in policies that balance economic growth, environmental protection, and social equity.
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