3
© Springer Nature Switzerland AG 2021
R. Chandrappa, D. B. Das, Environmental Health - Theory and Practice,
https://doi.org/10.1007/978-3-030-64484-0_1
Chapter 1
Environmental Legislation
Abstract Protection of the environment would have not been a major concern if it
was not related to human health. Technology does not come free of cost and so the
enforcement of law. Mere adoption of laws without the use of technology would not
fulfil the objectives of the environmental laws. Therefore, modern environmental law
has been shaped keeping in mind the precautionary principle, the prevention principle, the “polluter pays” principle, the integration principle, the public participation
principle and sustainable development principle. These are discussed in detail in
the chapter in the context of international and domestic environmental laws. Global
health is imparted by the value of social justice intended to address health difference
within and among nations. It attempts to understand the universal right to health,
vested in international human rights. The chapter discusses the key case studies apart
from the current trends and prospects, as well as dispute settlement mechanisms,
along with some of the reasons for failure of enforcement of environmental laws.
1.1 Introduction
Health risks are beyond the control of any nation and government in the twenty-first
century. Promoting public health and equity in an era of globalization needs cooperation and coordination both among and within states (Gostin et al. 2019). Actions
to handle emergency response in a health crisis are only one face of public health
law (Géraldine et al. 2016). The law is also an important tool to promote and protect
health (Burris and Anderson 2013).
Laws are binding norms, which are accepted by Community specific procedures
suitable for their formation and imposed by public authorities. Global health hazards share four significant features (Kickbusch 2006; Arrow et al. 2019; Jamison
et al. 2013; Ottersen et al. 2014) as follows:
(i) Health hazards are not bound by borders.
(ii) They have common fundamental causes, unhealthy behaviours like pathogens,
or unsafe environments.
(iii) They are aggravated by inequities associated with the socio-economic determinants of health.
(iv) They require a synchronized, multi-sectoral global response.
© Springer Nature Switzerland AG 2021
R. Chandrappa, D. B. Das, Environmental Health - Theory and Practice,
https://doi.org/10.1007/978-3-030-64484-0_1
Chapter 1
Environmental Legislation
Abstract Protection of the environment would have not been a major concern if it
was not related to human health. Technology does not come free of cost and so the
enforcement of law. Mere adoption of laws without the use of technology would not
fulfil the objectives of the environmental laws. Therefore, modern environmental law
has been shaped keeping in mind the precautionary principle, the prevention principle, the “polluter pays” principle, the integration principle, the public participation
principle and sustainable development principle. These are discussed in detail in
the chapter in the context of international and domestic environmental laws. Global
health is imparted by the value of social justice intended to address health difference
within and among nations. It attempts to understand the universal right to health,
vested in international human rights. The chapter discusses the key case studies apart
from the current trends and prospects, as well as dispute settlement mechanisms,
along with some of the reasons for failure of enforcement of environmental laws.
1.1 Introduction
Health risks are beyond the control of any nation and government in the twenty-first
century. Promoting public health and equity in an era of globalization needs cooperation and coordination both among and within states (Gostin et al. 2019). Actions
to handle emergency response in a health crisis are only one face of public health
law (Géraldine et al. 2016). The law is also an important tool to promote and protect
health (Burris and Anderson 2013).
Laws are binding norms, which are accepted by Community specific procedures
suitable for their formation and imposed by public authorities. Global health hazards share four significant features (Kickbusch 2006; Arrow et al. 2019; Jamison
et al. 2013; Ottersen et al. 2014) as follows:
(i) Health hazards are not bound by borders.
(ii) They have common fundamental causes, unhealthy behaviours like pathogens,
or unsafe environments.
(iii) They are aggravated by inequities associated with the socio-economic determinants of health.
(iv) They require a synchronized, multi-sectoral global response.