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20 results

Preventing Environmental Damage from Products
  • An Analysis of the Policy and Regulatory Framework in Europe
  • Edited by Eléonore Maitre-Ekern, Carl Dalhammar, Hans Christian Bugge
  • Published online:
    21 April 2018
    Print publication:
    19 April 2018
  • How to tackle environmental damage from the throwaway society is one of the defining questions of the twenty-first century. By establishing a circular economy, we can encourage and support sustainable production and consumption. These essays by an international group of leading scholars from a range of disciplines analyse policies and legal instruments and challenge mainstream assumptions, from the choice of a policy mix to the actual effect of imposing standards on the market, and from corporate objectives and priorities to the use of precaution in assessing particularly harmful substances. Each chapter contributes to a better understanding of the current policy and regulatory framework in Europe and identifies the challenges and opportunities ahead. The book breaks new ground by examining how product policies can contribute to important objectives and visions, such as the aims of the circular economy. It is a must-read for researchers as well as for policymakers and practitioners.

  • 1 - Developing Legislation to Prevent Environmental Damage from Products

  • Edited by Eléonore Maitre-Ekern, Universitetet i Oslo, Carl Dalhammar, Lunds Universitet, Sweden, Hans Christian Bugge, Universitetet i Oslo
  • Book:
    Preventing Environmental Damage from Products
    Published online:
    21 April 2018
    Print publication:
    19 April 2018, pp 1-20

  • Summary

    This chapter describes the theoretical underpinnings of the chapters to come, and provides a framework for the particular issues discussed in each of them. It introduces problems arising from the use of laws to prevent product-related environmental damage. The mass production and consumption of goods are increasingly being linked to pollution-related problems, nationally and globally, not the least of which is the negative impact on the environment from their use and/or disposal as waste. The chapter takes a wider view of this dynamic, complex and increasingly diverse topic within both national and international environmental law, and discusses the development of product-oriented law in Europe. It also highlights the difficult considerations in striking a balance between economic and environmental interests. It describes how legal ‘responsibility’ in this field includes numerous obligations on producers and other actors, such as the duty to assess and recognize the environmental effects of their products, and their economic and practical responsibility to ensure the adequate end-of-life treatment of the product as waste. In the final section, the chapter introduces each of the different contributions to the book.

  • 21 - The polluter pays principle: dilemmas of justice in national and international contexts

  • from Part VI - Corporate activities and trade
  • Edited by Jonas Ebbesson, Stockholms Universitet, Phoebe Okowa, Queen Mary University of London
  • Book:
    Environmental Law and Justice in Context
    Published online:
    28 June 2009
    Print publication:
    19 February 2009, pp 411-428

  • Summary

    Introduction

    The Polluter Pays Principle (PPP) is one of the internationally recognized principles that influence the shaping of environmental policy at both the national and international level. As one of the environmental principles that have developed ‘from political slogans to legal rules,’ it is also increasingly reflected in national and international law.

    It is seen and analyzed both as a principle of environmental economics and as a principle of environmental law. In environmental economics, it is discussed as an efficiency principle of internalization of environmental costs. As a legal principle, it is usually treated as a principle for the allocation of the cost of pollution prevention, and for liability and compensation for environmental damage.

    In general, it is regarded as an important and ‘right’ principle in the perspective of environmental protection. It is often mentioned together with other major environmental principles such as the precautionary principle, the principle of prevention and the principle of integration.

    The PPP is expressed in numerous international recommendations and treaties. For example, it was included in the EC Treaty in 1987 in Article 130R of the Single European Act (now Article 174 of the EC Treaty), which states that the policy of the Community ‘should be based on the principle…that the polluter should pay’. It is also expressed in the 1992 Declaration of the UN Conference on Environment and Development (‘Rio Declaration’) as Principle 16. The meaning of the principle in international instruments is not always clear, and it differs.