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The Precautionary Principle in German Environmental Law

The Precautionary Principle in German Environmental Law

Simon Marr, in collaboration with Arne Schwemer, contributed a chapter on the Precautionary Principle in German Environmental Law to the Yearbook of European Environmental Law, which, in its third volume, focuses on the implementation of legal principles in EC environmental law.

In February 2000, the European Commission published guidelines on the application of the precautionary principle. This attempt to clarify the scope of application was prompted by the implementation of the precautionary principle in numerous international treaties and policy declarations, as well as in Community legislation and national laws of a large number of countries.

In their contribution, Marr and Schwemer demonstrate that the interpretation of the precautionary principle differs in terms of scope of application, content and impact on the burden of proof in international, European and national law. After summarising the significance of the precautionary principle in international and EC law, the authors focus on its implementation in German environmental law and show how it is applied in legal practice. Furthermore, they ask whether there are any useful lessons to be learned from the evolving practice on the national, but also on the European and international, levels.

The Yearbook of European Environmental Law can be ordered from Oxford University Press for $175.00.


Citation

Marr, Simon and Arne Schwemer 2003: "The Precautionary Principle in German Environmental Law", in: Han Somsen; H. Sevenster; J. Scott and L. Krämer (eds.): Yearbook of European Environmental Law. [Yearbook of European Environmental Law 3]. Oxford: Oxford University Press, 125-148.

Language
English
Author(s)
Author(s)
Arne Schwemer
Publisher
Year
2004
Published In
ISBN
0199254621, 978-0199254620
Dimension
23 pp.
Table of Contents

I. Introduction
II. The Precautionary Principle in International Environmental Law
III. The Precautionary Principle in European Community Law
IV. The Precautionary Principle in German Environmental Law
A. The Basic Law
B. Federal Immisions Control Act
C. Atomic Energy Law
D. Genetic Engineering Act
E. Court Decisions
F. Shift of Burden of Proof
V. Conclusions

Keywords
precautionary principle, environment, Law, international, implementation, Germany, European Union