ECO-LOGICAL PROPORTIONALITY: AN EMERGING PRINCIPLE OF LAW FOR NATURE?

被引:0
作者
Winter, Gerd [1 ]
机构
[1] Univ Bremen, Ctr Pesquisa Direito Ambiental Europeu, Bremen, Germany
来源
VEREDAS DO DIREITO | 2013年 / 10卷 / 20期
关键词
Environmental Law; Principles of Environmental Protection; Eco-proportionality; Socio-proportionality; Self-regulation; Transnational Law;
D O I
暂无
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
Eco-proportionality is proposed as a possibility of how to structure the balancing of interests of exploitation and protection of nature, thus fettering the discretion built into concepts like nature rights, the contrat naturel, sustainability and cost-benefit analysis. Eco-proportionality is an analogy to the well-established public law principle of proportionality, here called socio-proportionality. Both principles have a common denominator in that they make a check on power, power of the state over society and of society over nature, respectively. Like in socio-proportionality, ecoproportionality requires four tests, namely a justifiable objective of action and the effectiveness, necessity and weighing of means. It has been shown that the principle is already present both as a social and legal norm. There is reason to suggest that it should enter into more spheres of societal practice and legal order, at the same time taking a more differentiated and ambitious shape.
引用
收藏
页码:55 / 78
页数:24
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