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Environmental PrinciplesFrom Political Slogans to Legal Rules$
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Nicolas de Sadeleer

Print publication date: 2002

Print ISBN-13: 9780199254743

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199254743.001.0001

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The Principle of Prevention

The Principle of Prevention

Chapter:
(p.61) 2 The Principle of Prevention
Source:
Environmental Principles
Author(s):

NICOLAS DE SADELEER

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199254743.003.02

This chapter begins by explaining that the preventive principle forms a prudent complement to the polluter-pays principle by requiring the adoption of measures intended to prevent damage from arising. It then briefly reviews the evolution of the prevention principle in international law, EC law, and several national legal systems. It considers the various aspects of the principle in some depth. It examines the sometimes ambivalent nature of the instruments typical of the preventive principle, using three case studies.

Keywords:   polluter-pays principle, prevention principle, damage prevention, international law, national legal systems

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