I. Command and control regulation
Most environmental law falls into a general category of laws known as “command and control.” Such laws typically involve three elements: (1) identification of a type of environmentally harmful activity; (2) imposition of specific conditions or standards on that activity; and (3) prohibition of forms of the activity that fail to comply with the imposed conditions or standards.
From these three aspects, the command and control regulation will be evaluated below.
(a) Identification of A Type of Environmentally Harmful Activity
The UK system command and control has been historically reactive and fragmented. Before we begin to talk about the current state of environmental law, we had better review its history briefly. Britain, as the cradle of the industrial revolution, has a long history of industrial pollution. The environmental problems started to cause significant impacts on public health in the nineteenth century and amenity in the mid to late of the nineteenth century. The common law, which was dealt with threats to communal assets and small-scale pollution, was unequal to the task and so the state had to take a more active role in the control of pollution and protection of the environment, and the legislation in the public interest became more and more important. But in these formative years, the legislative changes were reactive, because laws for the control of pollution had often been enacted in response to most severe situations and without any thought for wider development or consolidation of the law, so environmental issues were treated environmental media of air, water and land as separate. For instance, the 1863 Alkali Act required the noxious gases be condensed, which pollute the water, as the replacement method for the disposal of waste. The same reactive and fragmented tendency can be seen more recently, such as the London smog of 1952 last for ten days and was responsible for 4,000 deaths more than usual, the causes of the “states of affairs”, in the nuisance sense of the term, were treated as separate problems: industrial emissions to air; water pollution; smoke from domestic fires and furnaces; and so on. This sectoral and fragmented perception failed to appreciate the integrated nature of environmental problems.
This is changing rapidly in recent years, integrated pollution control (IPC) under Part 1 of the EPA 1990, which seeks a holistic solution that concentrates on the process in relation to all, and The Pollution Prevention and Control (PPC 2000) regulations bring the European Integrated Pollution Prevention and Control (IPPC) regime into force in the UK. They replace the existing Integrated Pollution Control (IPC) regime on a phased timetable between 2000 and 2007 but apply to new installations with immediate effect.
第 [1] [2] [3] [4] [5] [6] [7] 页 共[8]页
|