Should a general "duty of care" for the environment become a centerpiece of a "next generation" environment protection statute?
This article argues that there is considerable merit in the introduction of a general duty of care for the environment in jurisdictions which have not so far embraced this concept. As with work health and safety legislation, such a duty would establish the broad goals of the law, providing unifying themes that clarify the intentions of the law. A particular virtue is its all-encompassing character: providing a broad standard of care that can be applied to fit any set of facts. As such, it would...[Show more]
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|Source:||Environmental and Planning Law Journal|
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