ENVR 202 Lecture Notes - Lecture 2: Legal Fiction, New Economics Foundation, Sustainable Development
3 Sep 2018
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Environmental law 3: our legal system is very much develops from the concept of a male landowner who own a piece of a land, the legal subject, which means who owns the legal standing, is this man. All the other people around him (wife, kids, ser(cid:448)a(cid:374)ts ) are (cid:373)a(cid:374)aged (cid:271)y hi(cid:373). This all relatively works well until industrialization: the kinds of nuisance they start to generating, cause the court to hit a wall in terms of to reconcile the land use. Environmental justice (us - epa: the fair distribution of environmental benefits and burdens. Environmental law: there is no common law duty to enforce the law, enforcement of the law is a policy decision. There is no duty for the government to enforce a law. In canada, there are still many lands are under aboriginal title. Canada: (approach of chemical management) list of existing substances - "domestic substance list" & "priority substance list"
