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- Title
INTRODUCTION TO INTERNATIONAL ENVIRONMENTAL LAW: FROM INITIAL STEPS TO INSTITUTION BUILDING FOR THE CONSERVATION OF THE ENVIRONMENT.
- Authors
GEMALMAZ, MEHMET SEMIH
- Abstract
The importance of preventing environmental harm, rather than remedying the injury realized, has been recognized. Although the requirements of prevention might be costly, it is understood that in many instances once harm has occurred, reparation might not be possible, or at least might not be less costly. Irreparability or irreversibility is in the very essence of much environmental damage depending on the scope and extent of long-range adverse effects of human activity causing degradation and injury. States’ practice, judicial decisions, the pronouncements of international organizations allow the emergence of some basic principles governing international environmental law. It is generally accepted that States have a duty to prevent, reduce and control pollution and environmental degradation, which in particular includes not causing transboundary harm, i.e., not allowing a State’s territory to be used in such a way as to damage the environment of other States or of areas beyond the limits of national jurisdiction. It follows a duty to cooperate in reducing environmental risks, which refers to means and methods of notification, consultation, negotiation in good faith, and where necessary or appropriate, to regulate and carry out environmental impact assessment. As a consequence, the environmental damage to be caused will result in responsibility and liability of such States.
- Subjects
INTERNATIONAL environmental law; CONSERVATION &; restoration; PREVENTION; ENVIRONMENTAL degradation; LIABILITY for environmental damages
- Publication
European Review of Public Law, 2021, Vol 33, Issue 2, p255
- ISSN
1105-1590
- Publication type
Article