In this article, "things" lawyers call "principles" of environmental law will be discussed from a theoretical perspective. Three fundamental questions are answered: 1. Where does the high moral value that is usually attributed principles come from? 2. What is the exact difference between a...

This paper provides an economic perspective of environmental law and policy with regard to both normative and positive dimensions. It begins with an examination of the central problem in environmental regulation: the tendency of pollution generators in an unconstrained market economy to...

Switzerland has undertaken a commitment to reduce its greenhouse gas (GHG) emissions by 50 per cent by 2030 compared to 1990 levels under the Paris Agreement on Climate Change. Throughout 2020 and 2021, the Swiss Federal Government and civil society were working towards achieving this target...

This paper deals with the well-known environmental public interest litigation before the Supreme Court of India. While a certain amount of literature exists, principally describing the judicial activism in which the Supreme Court of India has engaged for many years, to date no comprehensive...

Environmental law and psychology uses research on the internal workings of the human mind—including on emotion, motivation, and cognition—to understand how people perceive, process, and attach value to the external natural environment, and to inform, explain, and improve how environmental...

This chapter reviews the current status of and prospects for efforts to include emissions from deforestation (and international forest carbon activities in general) in emerging greenhouse gas compliance regimes at the international level; future iterations of the European Union Emissions Trading...

A major problem with the current environmental regulatory regime is that it does not provide a reliable process for determining or discovering either the optimal amount of pollution or the most efficient means for achieving the selected level of pollution. This Article explains how the common...

Few areas of law are as deeply implicated with science and technology as environmental law, yet we have only a cursory understanding of how science and technology shape the field. Environmental law, it seems, has lost sight of the constitutive role that science and technology play in fashioning...

The Economic Dynamics of Environmental Law proposes an alternative to static efficiency-based analysis and policy prescription, focusing primarily upon the environmental law example. It argues for an approach that takes change over time seriously. In particular, an economic dynamic exists that...

Jurisdictional mismatch plagues contemporary environmental law and policy. The division of authority and responsibility for environmental protection between the federal and state governments lacks any cohesive rationale or justification. The federal government regulates in many areas where there...