Environmental Protection Essay Example | Topics and Well Written Essays - 3000 words

environmental Protection - Essay ExampleEuropean Convention has recognised Human rights as one of the important cornerstones of its existence. Under the Human Rights Act 1998, UK courts and public bodies are bound to act in accordance with the Convention. in that respect is one exception to this, which that the Convention right to an individual remedy is not transposed. Instead, there are in effect collective remedies, in the sense that legislation can be decreed incompatible with the Convention and fast-tracked with Parliament for reform, Bell, p.78.European human rights integrity operates at a general level at which usually it mostly outweighs the environmental rights and interests. ECJ has interpreted the right to respect home life (Article 8) and tries to provide remedy against innate pollution1. Human rights law also soak up an indirect impact on environmental rights because it provides various freedoms handle freedom of expression (Article 10). It gives the right of pea ceful assembly (Art 11) and this means it is possible to voice the grievances and protest publicly about environmental degradation. EC on Human Rights protects civil, political freedoms, but has not detailly essential any rights against environmental degradation.Environmental law is comparatively of a very recent origin and has emerged to safety device the natural environment from the onslaught of human activities that are continuously polluting the earth. Every country has seen that legislation is needful to protect the natural environment and ecosystems. This is a combination of common law, treaties, negotiated agreements, statutes regulations, precedents, conventions and other governmental policies passed for the purpose. Some of the laws mystify the activity impact on nature kindred setting levels of pollution. Environmental law does not have a definite boundary of its own. The potential lack of doctrinal certainty has, in the United kingdom at least, led to a number of a ttempts to justify the existence of a coherent subject k directn as environmental law as a discrete legal subject area, Bell (2006, p.5). Environmental law is a political discipline and political parties mutually never agree on a particular legislation. According to Bell, British approach to pollution control is pragmatic and involves consideration discretion. Environmental law involves economic, social, political, ethnic criteria in addition to environmental main thrust and regulatory agencies conduct the political balancing process, not always with great success. The power to define and enforce consents is ultimately a power to put multitude out of business, to deter the introduction of new business or to drive away a loss concern, (Hawkins, 1984 in Bell, p.14). Most of the laws are preventive in nature. 1960s started the worldwide phenomena of passing environmental laws and now it has become part of sustainable development and the policy thrives on public participation, enviro nmental justice and it imposes fines and in very serious cases, it could punish with imprisonment. The principle here is to prevent, command and control. There are many rights like private rights, public Law Rights, substantive legal rights and human rights involved in the environmental law. The humor Change Bill published on 13th March 2007 is aimed at low-carbon economy mainly to hop the carbon emissions by 60% before 2050 and if approved, perhaps UK will