Legal Perspectives

Brundlandt report: “sustainable development”

Meeting the needs of the present compromising the ability of future generations to meet their own needs

Five p’s

people, planet, prosperity, peace and partnerships

Rule of law

The mechanism, process, institution, practice, or norm that supports the equality of all citizens before the law, secures a nonarbitrary form of government, and more generally prevents the arbitrary use of power.

Principles of subsidiarity

General interpretation: decision-making authority is best placed (a) where responsibility for outcomes will occur; and (b) in the closest appropriate proximity to where the actions will be taken that will produce the outcomes

Principle of proportionality

The content and scope of the action may not go beyond what is necessary to achieve the objectives

Article 17 Charter Fundamental Human Rights - Right to property 1.

Everyone has the right to own, use, dispose of and bequeath his or her lawfully acquired possessions. No one may be deprived of his or her possessions, except in the public interest and in the cases and under the conditions provided for by law, subject to fair compensation being paid in good time for their loss. The use of property may be regulated by law in so far as is necessary for the general interest.

2. Intellectual property shall be protected.

Aarhus Convention

 Access to information
 Public participation – how, what, where, when?
 Access to justice

Legitimate expectations

Government decision-makers are required to fulfil the legitimate expectations that they have created.

“No harm” principle of international law

a widely recognised principle of customary international law whereby a State is duty-bound to prevent, reduce and control the risk of environmental harm to other states.

Fairness principle

The principle of fairness has been formulated (e.g. Hart and then by Rawls), to ground a principle-based understanding of the distribution of burdens and benefits regarding the production of public goods in a fair scheme of cooperation.

Precautionary principle

 The measures, although provisional, shall be maintained as long as the scientific data remain incomplete, imprecise or inconclusive and as long as the risk is considered too high to be imposed on society” (European Commission, 2000, 21).

 In case of remaining uncertainty, the risk must be too high to be imposed on society.