environmental ethics environmental law european class springsemester 2002 innsbruck prof. ddr. karl...

Environmental Ethics Environmental Ethics Environmental Law Environmental Law

European ClassEuropean ClassSpringsemester 2002Springsemester 2002

InnsbruckInnsbruck

Prof. DDr. Karl Heinz AuerProf. DDr. Karl Heinz Auer

EU-Class SS 2002EU-Class SS 2002 (c) Karl Heinz Auer(c) Karl Heinz Auer 22

EthicsEthics

• Source: Source:

- „- „“ – „character“, „habit“, „usage““ – „character“, „habit“, „usage“

- „- „“ – acting on the base of reason “ – acting on the base of reason and judgement: individual moralityand judgement: individual morality

• Translation to Latin: „mos“ – moralTranslation to Latin: „mos“ – moral

• Moral and morality are the content of Moral and morality are the content of ethics.ethics.


EthicsEthics

• Aristoteles (384-323 BC) uses Aristoteles (384-323 BC) uses „ethics“ to analyse human acting.„ethics“ to analyse human acting.

• Ethics as „doctrine of the right Ethics as „doctrine of the right acting“acting“


Why are ethics important?Why are ethics important?

• Can we do this?Can we do this?

• Should we do this?Should we do this?

• Just because we have the ability to Just because we have the ability to do something does not necessarily do something does not necessarily mean that doing is the right.mean that doing is the right.


Ethics just a matter of Ethics just a matter of opinion?opinion?• People have very different ways of People have very different ways of

working out what is right and wrong.working out what is right and wrong.• They have individual ideas about how They have individual ideas about how

to apply moral principles.to apply moral principles.• The study of ethics enables us to The study of ethics enables us to

examine these different points of few.examine these different points of few.• So we can assess the competing So we can assess the competing

claims of the different moral systems.claims of the different moral systems.


Frameworks for decisionsFrameworks for decisions

• Decisions making under great Decisions making under great pressurepressure

• Going with the flow and doing what Going with the flow and doing what feels right at the timefeels right at the time

• Just „live and let live“?Just „live and let live“?

• Do we need absolute standards that Do we need absolute standards that we all need to agree on?we all need to agree on?


Doing the right, because it just Doing the right, because it just feels right?feels right?

• Feelings are important, but are not Feelings are important, but are not by themselves an adequate basis for by themselves an adequate basis for morality.morality.

• Morality is also a matter of reasoning Morality is also a matter of reasoning issues out (deontological approach to issues out (deontological approach to morality).morality).

• Often being forced to choose Often being forced to choose between principles…between principles…


Looking for a result…Looking for a result…

• Looking at the consequences of the Looking at the consequences of the proposed action as another way of making proposed action as another way of making decisions about what is right and wrong.decisions about what is right and wrong.

• Utilitarism (lat. „utile“): in a given Utilitarism (lat. „utile“): in a given situation the right course of action is the situation the right course of action is the one that would produce the greatest one that would produce the greatest happiness for the greatest number of happiness for the greatest number of people.people.

• Situation ethics and ethics of responsibilitySituation ethics and ethics of responsibility


The change of stanceThe change of stance

• The Golden RuleThe Golden Rule

• The categorical imperative of The categorical imperative of Immanuel KantImmanuel Kant


Treat others Treat others

as you want to be as you want to be treatet!treatet!


Act only on that maxim by which you can

at the same time will that it should become

a universal law!(Immanuel Kant)


Four formulations of this Four formulations of this principleprinciple

• The Formula of the Law of Nature: "Act as The Formula of the Law of Nature: "Act as if the maxim of your action were to if the maxim of your action were to become through your will a universal law become through your will a universal law of nature.„of nature.„

• The Formula of the End Itself: "Act in such The Formula of the End Itself: "Act in such a way that you always treat humanity, a way that you always treat humanity, whether in your own person or in the whether in your own person or in the person of any other, never simply as a person of any other, never simply as a means, but always at the same time as an means, but always at the same time as an end." end."


Four formulations of this Four formulations of this principle 2principle 2

• The Formula of Autonomy: "So act that The Formula of Autonomy: "So act that your will can regard itself at the same your will can regard itself at the same time as making universal law through its time as making universal law through its maxims." maxims."

• The Formula of the Kingdom of Ends: "So The Formula of the Kingdom of Ends: "So act as if you were through your maxims a act as if you were through your maxims a law-making member of a kingdom of law-making member of a kingdom of ends."ends."


The imperative of The imperative of responsibilityresponsibilityHans JonasHans Jonas• Care for the future of mankind!Care for the future of mankind!

• This care must obviously include care for the This care must obviously include care for the future of all nature on this planet as a future of all nature on this planet as a necessary condition of man’s own.necessary condition of man’s own.

• The danger of disaster through scientific The danger of disaster through scientific technology arises not so much from any technology arises not so much from any shortcomings of its performance as from the shortcomings of its performance as from the magnitude of its success. This success is in magnitude of its success. This success is in the main of two kinds: economic and the main of two kinds: economic and biological.biological.


Act so that the effects of your action are compatible

with the permanence of genuine human life!

(Hans Jonas)


In your present choices, include the future

wholeness of Man among the objects of your will!

(Hans Jonas)


Environmental Law in Environmental Law in AustriaAustriaSource: Weber K., Public Environmental Law in Austria. In: Seerden/Heldeweg Source: Weber K., Public Environmental Law in Austria. In: Seerden/Heldeweg (Editors), Comparative Environmental Law in Europe. Antwerpen 1996, 3-32.(Editors), Comparative Environmental Law in Europe. Antwerpen 1996, 3-32.

• Not an independent or codified Not an independent or codified branch of law, but located in various branch of law, but located in various branches of law,branches of law,

• E.g. international law, criminal law, E.g. international law, criminal law, civil law and administrative law.civil law and administrative law.


The Constitutional The Constitutional FrameworkFramework

• Austria is a republic with a Austria is a republic with a representative democracy and a representative democracy and a federal constitution.federal constitution.

• Government: parliamentary system Government: parliamentary system with presidential elements.with presidential elements.


Fundamental principles of the Fundamental principles of the constitutionconstitution

• DemocracyDemocracy

• RepublicanismRepublicanism

• FederalismFederalism

• Constitutional stateConstitutional state

• Guarantee of human rightsGuarantee of human rights


Legislative hierarchyLegislative hierarchy

• Principles of the constitutionPrinciples of the constitution

• EG legislationEG legislation

• ConstitutionConstitution

• LawsLaws

• General ordersGeneral orders

• Judgments and rulingsJudgments and rulings


Legal Bases Legal Bases of environmental protectionof environmental protection

• set down in the Federal Constitution set down in the Federal Constitution and in the constitutions of the and in the constitutions of the Länder.Länder.

• The Federation of the The Federation of the Länder Länder may only may only exercise environmental protection exercise environmental protection measures according to their measures according to their competences (Art 10-15 B-VG).competences (Art 10-15 B-VG).

• In the B-VG (1920) environmental In the B-VG (1920) environmental protection is a „cross-section-matter“.protection is a „cross-section-matter“.


The legal problem of the The legal problem of the allocation of competencesallocation of competences

• Neither the Federation nor the Neither the Federation nor the Länder Länder have a sufficient basis of have a sufficient basis of competences on their own.competences on their own.

• The law of competences in the field The law of competences in the field of EP ist still fragmented.of EP ist still fragmented.


The corpus of environmental The corpus of environmental lawlaw

CONSTITUTIONAllocation of competences

Human rightsThe public aim of compehensic EP

CONSTITUTIONAllocation of competences

Human rightsThe public aim of compehensic EP

EP byadministration

EP byadministration

Penal environ-mental law

Penal environ-mental law

Private environ-mental law

Private environ-mental law

PlanningPlanning

PermitsPermits

Civil liabilityCivil liability

Interests ofneighbours Interests ofneighbours

AdministrativeAdministrativeFederationFederation

LänderLänder


The corpus of environmental The corpus of environmental lawlaw(part)(part)

Permits

Federation Länder

-Plan ActForestry Act

Act on WatersRailroad Act

Highwayplanning ActAssessment of env.

Effects ActThe Gene Technology Act

Waste Disposal Act

Conservation ofNature Acts

Regional Planning ActNational Parks ActSoil Protection Act


The public aim (Staatsziel) The public aim (Staatsziel) of comprehensive EPof comprehensive EP

• Prohibition of any great reduction in Prohibition of any great reduction in already achieved standards in EPalready achieved standards in EP

• Order to improve EP continuouslyOrder to improve EP continuously

• Order to regard EP in planning lawOrder to regard EP in planning law

• Rule of interpretationRule of interpretation


Air pollutionAir pollution

• Emission Protection Law – Air (IG-L) in Emission Protection Law – Air (IG-L) in accordance with EC air pollution lawsaccordance with EC air pollution laws

• Protection ofProtection of human healthhuman health flora and faunaflora and fauna eco-systemseco-systems• IG-L contains measures and procedures IG-L contains measures and procedures

for the reduction of pollution.for the reduction of pollution.


Air pollution 2Air pollution 2

• Authorities can - for example - Authorities can - for example - order the use of low emission enginesorder the use of low emission engines prohibit use of specific engines, prohibit use of specific engines,

procedures or techniquesprocedures or techniques enact traffic limits, speed reductions enact traffic limits, speed reductions

etc.etc.• Heating systems are not covered by the Heating systems are not covered by the

IG-L because of the allocation of IG-L because of the allocation of comptences!comptences!


Air pollution 3Air pollution 3

• Industrial plants, boiler plants, waste Industrial plants, boiler plants, waste plants and mines must be improved plants and mines must be improved in conformity with IG-L.in conformity with IG-L.

• Other general acts, based on state Other general acts, based on state laws, also contribute to clean air.laws, also contribute to clean air.


Biotechnology and Biotechnology and chemicalschemicals

• Gentechnikgesetz-Novelle 1998Gentechnikgesetz-Novelle 1998 regulating the release of genetically regulating the release of genetically modified plantsmodified plants

• ChemikaliengesetzChemikaliengesetz since 1997 much since 1997 much more EP orientaded than before. This law more EP orientaded than before. This law combines self-regulation and individual combines self-regulation and individual responsibility with state control.responsibility with state control.


Further issues Further issues on environmental lawon environmental law

• Waste and waterWaste and water• Eco-audit regulationEco-audit regulation• Environmental informationEnvironmental information• IPPC: Integrated Pollution Prevention IPPC: Integrated Pollution Prevention

and Controland Control• Energy policy (liberalating and Energy policy (liberalating and

deregulating electricity industry deregulating electricity industry adapting EC directives)adapting EC directives)


The European levelThe European levelin environmental policyin environmental policy

Source: Beyrer, Levels of Action in Environmental Policy. In: WAS – Source: Beyrer, Levels of Action in Environmental Policy. In: WAS – Arbeitsgemeinschaft Wirtschaft und Schule (editor), Environmental policy in Arbeitsgemeinschaft Wirtschaft und Schule (editor), Environmental policy in

the European economy, Vienna.the European economy, Vienna.

• The regime of European legal instruments The regime of European legal instruments established within the framework of the EU established within the framework of the EU is an absolutely novelty at the is an absolutely novelty at the international level.international level.

• For the first time, a system of legal For the first time, a system of legal standards has been created that is valid standards has been created that is valid and enforceable beyond national borders.and enforceable beyond national borders.

• This offers a real chance to get European This offers a real chance to get European environmental problems under control.environmental problems under control.


Instruments:Instruments:EU directives and EU EU directives and EU

regulationsregulations• A directive specifies the targets, with A directive specifies the targets, with

a certain leeway for the individual a certain leeway for the individual Member States in consideration of Member States in consideration of their different national situations.their different national situations.

• Regulations have an immediate and Regulations have an immediate and direct effect to the Member States direct effect to the Member States and thus also on their subjects.and thus also on their subjects.


Decision-making levelsDecision-making levels


Targets and principlesTargets and principles

The inserted Articles 130 r, s and t of The inserted Articles 130 r, s and t of the EEC-Treaty (amended to the EC-the EEC-Treaty (amended to the EC-Treaty pursuant to the Maastricht Treaty pursuant to the Maastricht Treaty) specify the targets and Treaty) specify the targets and principles of the common principles of the common environmental policy:environmental policy:


TargetsTargets

• The environment is to be preserved The environment is to be preserved and protected and ist quality is to be and protected and ist quality is to be improved.improved.

• Human health is to be promoted.Human health is to be promoted.

• Careful and rational use of natural Careful and rational use of natural resources is to be insured.resources is to be insured.


PrinciplesPrinciples

• Those who chause environmental Those who chause environmental damage have to pay for the repair of damage have to pay for the repair of the damage.the damage.

• Principle of avoidance of Principle of avoidance of environmental damage at the sourceenvironmental damage at the source

• Integration principle: environm,ental Integration principle: environm,ental targets shall be integrated into other targets shall be integrated into other policies.policies.


The European Law-making The European Law-making processprocess

• The law-making process at the The law-making process at the European level differs from the process European level differs from the process at the national or international level.at the national or international level.

• European legislative procedure is European legislative procedure is launched by the European Commission, launched by the European Commission, which issues a proposal and thus acts which issues a proposal and thus acts as the motor of Community legislation.as the motor of Community legislation.


The European Law-making The European Law-making process process

• The proposal of the Commission is The proposal of the Commission is submitted to submitted to

the Councilthe Council the European Parliamentthe European Parliament the Economic and Social Committeethe Economic and Social Committee• The Council issues a joint position on The Council issues a joint position on

the basis of the proposal of the the basis of the proposal of the European Commission and the given European Commission and the given opinions.opinions.


The European Law-making The European Law-making processprocess

• The final decision is taken by the The final decision is taken by the Council.Council.

• Thus the accent in European Thus the accent in European legislation is set by the Council and legislation is set by the Council and not by the Parliament.not by the Parliament.


Ecology-minded Ecology-minded Commission?Commission?

The European Commission, bound by The European Commission, bound by the Foundation Treaties, is forced to the Foundation Treaties, is forced to aim at a high level of environmental aim at a high level of environmental protection in ist proposals, and may protection in ist proposals, and may thus be called the motor of European thus be called the motor of European environmental policy.environmental policy.


Ecology-minded Council?Ecology-minded Council?

The Council is becoming more and more The Council is becoming more and more ecology-minded, not least because the ecology-minded, not least because the environment-related alliance of certain environment-related alliance of certain Member States /Germany, Denmark Member States /Germany, Denmark and the Netherlands) was reinforced by and the Netherlands) was reinforced by new especially ecology-minded Member new especially ecology-minded Member States like Austria, Sweden and Finland.States like Austria, Sweden and Finland.


ImpressionsImpressions

In stead of a final quotation concerning In stead of a final quotation concerning the importance of environment the importance of environment

protection have a look on the pictures to protection have a look on the pictures to be followed and listen to the background be followed and listen to the background

music.music.

Become aware of the nature surrounding Become aware of the nature surrounding you and enjoy being a part of it!you and enjoy being a part of it!

environmental ethics environmental law european class springsemester 2002 innsbruck prof. ddr. karl...

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