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Common Legal Requirements and Implementing Measures

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Chapter Summary

This chapter surveys the legal techniques and procedures that commonly appear in international environmental instruments. Environmental agreements and national laws often regulate a single environmental milieu, e.g., water, air, soil, biological diversity due to the particular environmental problems facing a given area, political or economic priorities, or the ease of achieving consensus on a specific environmental issue. Prior assessment of the environmental impacts of proposed activities originated in the United States in the late 1960s. The duty to prevent environmental harm requires the adoption of measures to avoid harm and reduce or eliminate the risk of harm. Many international agreements dictate or suggest the type or content of implementing laws and regulations deemed necessary or appropriate. Overall, states must make efforts to prevent environmental damage that is foreseeable through the normal operations of an activity or the use of a product and prevent or mitigate accidental transboundary harm.

Keywords: environmental agreements; environmental problems; international environmental instruments

10.1163/ej.9781571053442.1-329.35
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