Аналітично-порівняльне правознавство (Dec 2023)
Evolving Jurisprudence of Environmental Law: A Doctrinal Analysis
Abstract
This paper provides a comprehensive doctrinal analysis of the evolving landscape of environmental law, encompassing both international and national perspectives. The analysis delves into key doctrinal themes, including the precautionary principle; the polluter pays principle, and sustainable development, examining their application and interpretation in the context of contemporary environmental challenges. Drawing on a wide range of case-law, this study explores landmark environmental cases that have significantly shaped the trajectory of environmental jurisprudence. Through a comparative examination of various national approaches to environmental regulation, the paper highlights the diverse strategies adopted to address environmental issues and the challenges encountered in their implementation. Furthermore, the paper outlines the critical role played by international legal instruments in shaping national environmental laws, emphasizing the need for cohesive global efforts to combat pressing environmental concerns. The conclusion offers insights into the contemporary challenges faced by environmental law, proposing potential legal reforms and recommendations for a sustainable and effective environmental regulatory framework. This doctrinal analysis aims to contribute to the ongoing discourse on environmental law, fostering a deeper understanding of the legal mechanisms essential for preserving our planet's ecological balance and ensuring a sustainable future for generations to come. Thus, in the final development recognized so far, that is understanding environmental law based on ecocentric perspective where we recognize the value of every natural component, does not actually evade the idea that human beings shall pursue their interests to safeguard their present and future generations. The thesis therefore ought to analyse the different instruments which were born out of different environmental ethical considerations at different points of time. The methodology of understanding the environmental law rationales in the light of ethics is termed as —deep level enquiry. In the present context, the environmental law involves one or more than one ethical perspective. These perspectives may be anthropocentric or non- anthropocentric. When we term, environmental law to be anthropocentric, we generally link it up with human rights morals. Human rights which are understood to be inalienable to every human being has got its recognition after several years of struggle.
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