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Questions and Answers

Which of these options are correct? (Select all that apply)

  • waste, energy-efficiency, and nature conservation
  • exhaustion, pollution and nuisance
  • energy-efficiency, exhaustion, and nuisance
  • nuisance, exhaustion, and waste (correct)

What is the main point that the 2009 OHCHR report emphasizes?

  • The report stresses that there's an intrinsic link between the environment and the realization of various human rights, such as the right to life, health, food, water, and housing. (correct)
  • The report confirms that environmental protection and sustainable development are interconnected and mutually reinforcing.
  • The report states that there are no universal human rights treaties that explicitly address the right to a safe and healthy environment.
  • The report highlights that the right to a safe and healthy environment is a fundamental human right recognized by all UN human rights treaty bodies.

The so-called energy trilemma refers to the problem of serving which three energy policy maxims?

  • reliability, security, sustainability
  • equality, reliability, sustainability
  • affordability, reliability, sustainability (correct)
  • affordability, security, equality

What does the notion that scientific uncertainty must not keep governments from taking measures to curb possible environmental dangers refer to?

<p>The precautionary principle (A)</p> Signup and view all the answers

Which of these three environmental principles lies behind the analysis of Lecture 1.3?

<p>The precautionary principle</p> Signup and view all the answers

Which of the following statements about the relationship between the Paris Agreement (PA) 2015 and the Clean Development Mechanism (CDM) of the Kyoto Protocol (KP) is correct?

<p>The PA builds upon the CDM of the KP and aims to continue it. (C)</p> Signup and view all the answers

Flashcards

Empirical scope of Environmental Law

The concrete, measurable aspects of the environment that environmental law deals with, such as pollution, resource depletion, and harm.

Normative characteristics of Environmental Law

The values and principles guiding how environmental law addresses issues, often concerned with rights and responsibilities within a context of social, economic and environmental considerations.

Precautionary Principle

A principle that suggests when there's a risk of serious or irreversible environmental damage, action should be taken even if scientific certainty isn't fully established.

Environmental Justice

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.

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Functional area of law (v-a-v general areas)

A specialized aspect of law focused on specific societal functions, such as environmental law, rather than broader categorizations like criminal or contract law.

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Internal vs. External EL

Whether a legal issue is directly related to environmental law, or indirectly connected due to societal and spatial considerations.

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Types of Environmental Law

Different areas of law addressing environmental issues, including constitutional, administrative, criminal, civil, and international law.

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Public vs. Private Interest

Distinction between concerns of government and general public and individual/corporate interests concerning the environment.

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General Legal Principles

Fundamental concepts of law, applicable in both public and private spheres (e.g., legality, bona fides, fairness).

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General Environmental Principles

Core concepts guiding environmental law, often emphasizing sustainability, prevention, and the polluter pays principle.

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Legal Status of SDGs

SDGs are policy, not legally binding principles aiming to guide government action, although not technically enforceable as law.

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Energy Trilemma

The challenge of meeting the triple demands on energy systems -- affordability, reliability, and sustainability (or, sometimes, security).

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Types of Legal Relations

Broad categories of legal relationships like public law (government-citizen), private law (citizen-citizen), and international law (state-state).

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Risk Regulatory Options

Various legal methods used to address environmental risks, encompassing prohibitions, commands, and permissions.

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Regulatory Strategies & Relations

Broader approaches to regulation, not just legal instruments, used to encourage desired outcomes, involving incentives and government planning.

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Certification as Regulation

Means of standards and quality control for goods, involving both public and private actors in setting and enforcing standards.

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Transnational Law

A distinct legal realm that partially overlaps other legal areas like national, international, and private law.

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Supranational Law

Laws (rules/norms) created by supra-national authorities, with power to apply binding effect to both member states and individuals (citizens).

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Hard Law vs Soft Law

A distinction in international law between legally binding obligations and non-binding recommendations or guidelines.

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Environmental regulatory strategies

Different approaches used by governments (or private actors) to create desirable environmentally responsible behaviour.

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International environmental law

Rules of law relating to transnational and international issues in relation to the environment.

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Community-based regulation

Environmental regulation aiming to mobilise communities through collective action and to change behaviour through private and quasi-private efforts.

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Certification Scheme

A regulatory measure that aims to certify a standard through conformity testing and/or auditing, often a hybrid method across private, public, and societal actors.

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Study Notes

Sustainability & Law Lectures

  • Basic Concepts
    • Empirical scope
    • Normative characteristics
    • Precautionary principle
    • Reflection: Environmental Justice? (optional)
    • Q&A

Sustainability & Law: Normative Character

  • Section across what?
    • What is environmental law (EL) about?
      • Functional area of law
      • Relevance of functional area of law
      • Empirical scope (pollution, exhaustion, nuisance)
    • How does EL relate to other functional areas of law?
  • A cross-section of legal areas?
  • A cross-section of legal interests?
  • A cross-section of legal principles?
  • Relevant literature: Heldeweg, Michiel (2023), Introductory text, paras. 1.2.2-3 (nos. 13-44; excluding nos. 14-35)

Sustainability & Law: A Cross-Section of Law -e.g.

  • Constitutional and administrative environmental law
  • Criminal environmental law
  • Civil environmental law
  • International environmental law

Sustainability & Law: A Cross-Section of Interests

  • 'Symmetrical & Vertical opposites'
    • Government vs. citizens
    • Public vs. private interest
  • 'Symmetrical & Horizontal opposites'
    • Citizen vs. citizen
    • Private vs. private interest
  • 'Asymmetrical opposites'
    • Private for public?
    • Public for private?
  • CSR & Collective Action
  • Government Custodianship?

Sustainability & Law: A Cross-Section of Principles

  • General principles of law
    • Private (e.g., bona fides)
    • Public (e.g., criminal law – praesumptio innocentiae, administrative law – principles of natural justice)
    • International (e.g., no harm)
  • General environmental principles
    • Sustainability
    • Prevention
    • Polluter pays
    • Precautionary
    • Source-aimed
    • ALARA (BAT (NEEC); BPM)

What's Next?

  • Lecture 1.3: Precautionary principle
  • Lecture 1.4: Reflection: Environmental justice?
  • Lecture 2: Legal relations & regulation

MC Questions Lecture 1 - Q1

  • Distinction between anthropocentrism and ecocentrism is relevant in understanding the empirical scope of environmental law
  • Recognizing trees, animals, or rivers as having legal personality (and legal standing) is a normative characteristic decided within a specific state's jurisdiction

MC Questions Lecture 1 - Q2

  • Air
  • Energy
  • Exhaustion
  • Nature

MC Questions Lecture 1 - Q3

  • Energy efficiency, exhaustion, and nuisance
  • Exhaustion, pollution, and nuisance
  • Nuisance, exhaustion, and waste
  • Waste, energy efficiency, and nature conservation

MC Questions Lecture 1 - Q4

  • SDGs are part of binding international law (not correct)
  • SDGs are regarded as international principles of environmental law
  • SDGs are policy principles, not legal principles
  • SDGs are legally binding to UN organisations only (not correct)

MC Questions Lecture 1 - Q5

  • Affordability, security, equality (incorrect)
  • Affordability, reliability, sustainability
  • Reliability, security, sustainability
  • Equality, reliability, sustainability

MC Questions Lecture 1 - Q6

  • A statute which coordinates environmental permits and permits for energy generation is about external integration.
  • An environmental plan covering water, air, and soil pollution is a type of external integration.
  • Only statement 1 is correct
  • Only statement 2 is correct
  • Both statements are correct
  • Both statements are incorrect

MC Questions Lecture 1 - Q7

  • Symmetrical-horizontal environmental law relationship
  • Symmetrical-vertical environmental law relationship
  • Asymmetrical environmental law relationship
  • None of the Above

MC Questions Lecture 1 - Q8

  • The precautionary principle
  • The prevention principle
  • The security principle
  • The sustainability principle

MC Questions Lecture 1 - Q9

  • The EU does not accept precaution as a legal principle of environmental law.
  • The EU regards the precautionary principle as a safeguard against underregulation.
  • The USA has more restrictive regulation partly due to bipartisan relations in the US congress.
  • The USA regards the precautionary principle as acting upon 'false negatives'.

Sustainability & Law: Legal Relations & Regulation

  • Legal relations
  • Risk regulatory options
  • Regulatory strategies & relations
  • Certification
  • Q&A
  • About the assignment

Sustainability & Law: Lecture 2.1

  • Legal relations
  • Risk regulatory options
  • Regulatory Strategies & Relations
  • Certification
  • Q&A
  • About the assignment

Sustainability & Law: Lecture 2.2

  • Risk regulatory options (cause-aimed)
  • Risk regulatory options (impact-aimed)
  • How to legislate / regulate

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