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32 Geo. Envtl. L. Rev. 591 (2019-2020)
Environmental Rule of Law in the Context of Sustainable Development

handle is hein.journals/gintenlr32 and id is 600 raw text is: 





Environmental Rule of Law in the Context of
Sustainable Development*


ARNOLD   KREILHUBERt   & ANGELA   KARIUKI

                                   ABSTRACT

   The environmental  rule of law forms an important  pillar of international law
and  environmental governance.  This Article presents key aspects of the environ-
mental  rule of law  in the context of sustainable development   that have been
influenced  by Professor  Edith  Brown Weiss's contributions. In particular,
Brown   Weiss's scholarship related to intergenerational equity and the precau-
tionary principle has  important policy implications. Both  these principles are
distinguishing characteristics of the environmental rule of law. This Article dis-
cusses these characteristics and their implications for the environmental rule of
law. The Article highlights that while advancing  the environmental  rule of law
in the context of sustainable development  is a challenge for all countries, it is
also a growing priority.



                              TABLE  OF CONTENTS

Introduction .................................................               591
I.   The Genesis of the Environmental Rule of Law ....................       592
II.  Distinct Characteristics of the Environmental Rule of Law............ . 594
      A.  Intergenerational Equity ................................       595
      B.  Precautionary Principle ................................. .     596
Conclusion ..................................................                598


                                 INTRODUCTION

   No discussion on the topic of environmental rule of law in the context of sus-
tainable development   would  be  complete  without extensive  reference to and


  * The contents and views expressed in this paper do not necessarily reflect the views or policies of
neither the United Nations Environment Programme (UNEP) nor its member states. The designations
employed and the presentation of materials in this paper do not imply the expression of any opinion
whatsoever on the part of the United Nations Environment Programme concerning the legal status of
any country, territory or its authorities, or concerning the delimitation of its frontiers and boundaries.
  The authors are grateful for excellent assistance from Natasha Ngugi, Legal Researcher at UNEP and
Fairouz Gazdallah, Legal Researcher at UNEP and LLM candidate at the University of Ghent.
  t Acting Director, Law Division, UNEP. © 2020, Arnold Kreilhuber and Angela Kariuki.
  $ Legal Officer, Law Division, UNEP.


591

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