Unit 2: General Principles of Environmental Law
2.1 Principles of Environmental Law
2.1.1 Preventive Principle
The ex ante logic: the harm prevented cheaper-and-better than cured — the assessment-before-action (the EIA’s philosophical base); the preventive measures’ priority over the end-of-pipe (the cleaner production’s faces).
2.1.2 Polluter Pays Principle
The cost internalisation: the polluter bears the prevention-and-remediation costs (not the society-nor-the-state) — the economic-instrument philosophy (the taxes, the charges, the deposits); the Nepali reception (the EPA 2076’s compensation-and-pollution-charge faces; the Godavari Marble line’s compensation ideas).
2.1.3 Precautionary Principle
The uncertainty’s rule: the serious-or-irreversible threat → the preventive action despite the scientific uncertainty (the burden shifted to the risk-creator); the Rio Principle 15’s formulation (the cost-effectiveness qualifier); the contest (the science-vs-precaution debates — the SPS-and-hormones’ interface of the trade course).
2.1.4 Principle of Common Heritage of Human Kinds
The global commons: the areas beyond the national jurisdictions (the deep seabed, the Antarctica, the outer space — the humanity’s common heritage: the non-appropriation, the common-management, the benefits-shared); the sibling concepts (the common concern — the climate-and-biodiversity’s frame: the states’ concern-shared though the resources-inside-the-jurisdictions).
2.1.5 Principle of Good Neighborliness and International Cooperation
The transboundary duty: the harm’s prevention beyond the border (the Trail Smelter’s classic — no state may use its territory to harm another’s); the notification-and-consultation (the planned-measures’ information); the cooperation’s machinery (the river treaties, the regional bodies — the Rivers-and-Sea Law course’s interface, LAW5707).
2.1.6 Principle of Common but Differentiated Responsibilities
The climate’s North-South architecture: the common responsibility (the planet’s shared duty) + the differentiation (the historical contributions-and-capacities — the developed’s lead: the UNFCCC’s formulation); the developing countries’ needs (the growth’s space); the contest (the equity’s negotiation — the CBDR’s erosion-and-defence).
2.1.7 Principle of No Significant Harm
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