Summary:
The present study attempts, through research and study in the bibliography literature, theory and empirical research, to investigate the application of the polluter-pays principal, its perception from citizens and at the same time to set major issues of environmental governance in the light of Sociology of Law. The introduction chapter defines and explores the concept of legal culture and its partial trajectories. Empirical research of legal culture, which is attempted by the present study, focuses on bringing forth the interaction of the values contained in legal regulation with those of the citizens it is directed towards, and how societies perceive the environment and the politics of its conservation, etc. As its overarching goal, this study intends to investigate the degree of efficiency of relative regulations and to lay out the reasons that impede or promote it. These reasons are: the knowledge and understanding of regulations, the building of legal conscience for the fair reason aimed by the regulations , as well as the faith in the uprightness of the solutions which pass initial stages over others. The above are discussed with the value perceptions that citizens hold, as those are formed through their participation in the communication-community of which they are members.
The present study is divided into four segments. The first part presents the economic theory of the environment and the polluter-pays principal, as it has been defined by the international and Union law. It is established, in the first chapter, that the exponential magnification of capitalism and rapidly increasing consumption of primary resources and energy, had as a result an exponentially increasing international environmental problem. The contemporary model of sustainable growth, which cannot respond to the chain-reaction consequences on the international environment in which the economy develops presently, is discussed and criticized. The earth, as a global ecosystem, is directly affected with all the institutional infrastructures that are developed, and its cultural perceptions, that underpin them.
The second chapter, of the first segment, presents how the market’s tools and the economic science dominate the “utilization” of environmental goods and how they permeate the regulatory “status quo” of international and Union law, within the polluter-pays principle. The history of this principle is depicted, on Rio Declaration on Environment and Development (1992 International Conference on the Environment and Development in Rio). Furthermore, the function of this principle and the tools of its implementation (green tax, subsidies, emission trading, etc) are presented.
The second part addresses the environmental risk and endangerment, the connection of environmental and human health and the issue of academical scientific conflict. Additionally, there are presented: the sociological theory on environmental risk, the role of the legal system and the authorities of democratisation in the management of environmental risk, as they were enshrined in the Aarhus Treaty. Specifically, the third chapter of the second part, Technoscience is analyzed as sociological activity which intensifies environmental risk. There are presented two examples: first one that of the climate crisis and the exposure to substances of PCBs (Polychlorinated biphenyls). A question is postulated : why societal and legal reactions in front of such a danger are so delayed. Finally, it is demonstrated that the danger’s management, which outflows from Technoscience, interweaves with the allocation of social trust between Technoscience and the Law, to the degree that they are legalized with mutual reference. At this point two important theories of sociological contribution on the subject of risk and trust are compared. The first position is that of Ulrich Beck, and the second theory presented is the systemic theory of Niklas Luhmann. Emphasis is placed on the high degree of uncertainty in contemporary modern societies and their weakness in addressing environmental danger. The law is expected to aggregate scientific estimations, ethics, cultural and sociological values, that characterize the citizens’ apprehension and perception of dangers in order to regulate the environmental endangerment, so as to identify the acceptable risk. Taken into account are all the scientific opinions and possibilities, including the minority opinions. The precautionary principle is the fundamental legal concept, which supports the new functions for the law, but also directs political actions. The fourth chapter, of the second part, examines the significance and function of the environmental rights which attempt to democratise the environmental risk’s management and mobilize citizens into participation towards its solution. The Aarhus Treaty is presented, in which rights of citizens’ notification and participation, in environmental governance and its practice, are entrenched. Special gravitas is given to the concept of environmental information. Finally, the critical nature of environmental information is demonstrated through the example of active citizen participation in the creation of Environmental Impact Assessments (Directive 20114/52).
The third part approaches the preservation and protection of the environment as a regulatory and ethical issue. Theory opinions of two thinkers are discussed, Herbert Marcuse and Murray Bookchin, whose work has exercised significant theoretical influence and has inspired the ecological movement. Moving forward major interpretations of environmental Ethics are presented, (Aldo Leopold, Arne Naess, Peter Singer, Tom Regan, John Rawls, etc). The dimensions of an ethical responsibility to protect nature are mentioned. The concept of environmental justice is analyzed. The chapter concludes with a short reference to ecological awakening and the social claims on the environment.
The sixth chapter examines the legal theory for recognizing Nature as Subject of Law, and analyzes the basic tangents of theories by Christopher Stone. The issue which is investigated is that if a paradigm can and should be made, in order to address the inadequacy of the present status quo, and inhibit planet’s environmental risk and dangers. Examples of legal theory and legislation are presented in which acknowledgement of rights of nature transpired on a national, regional, and international level. The example of New Zealand is examined, (Whanganui river) as well as examples of other developing countries (Vilcabamba river in Ecuador, Bolivia, Mexico, etc).
Finally, reference is made to: the criticism which Stone’s theory of rights has received, and the counter-argumentation to Holmes Rolston’s theory, which argues that transposition of human rights to nature is unfeasible, and it is preferable to give meaning to the relationship between humans and nature with reference to human responsibilities of protecting nature. Theories of of Christine Korsgaard, as well as Jörg Leimbacher’s are also, presented. In conclusion, there are listed: the limits of rights-based approach, the uncertainty, the non-applicability and the difficulty of overstepping the inherent contradiction between intensive economic exploitation and environment’s protection. The philosophical and legal discourse remains open.
The fourth part, in the seventh chapter, presents initially the empirical research which has been undertaken in the period of 2007-2008, just before the outbreak of the economic crisis. The collection of data was actualized in the small east Cyclades and the Athens’ centre with personal engagement. The final sample of the study was 758 confirmed questionnaire responses. The theoretical hypotheses and the methodology of the research are presented. The explanation of the theoretical conjectures and research points are layed out as those are defined by the field of specialization of environmental sociology. Concepts of environmental literacy are defined together with their corresponding interpretations and positionalities as objects of research from the sociological studies in this field and are correlated with the concept of legal culture. Presented also are the conclusions of recent studies (in national, union and international levels) for the environmental perspectives. Research questions regard: a) citizens’ information and knowledge of environmental issues, b) the evaluation of environmental danger and consequences on human health, as well as the method of attributing hierarchies of environmental goods in relation to economic development, c) the knowledge of environmental legislation and the legal conscience of citizens for the polluter-pays principle and the environmental justice, as well as d) citizens’ perspectives for the role of politics, science and their own individual ethical responsibilities. All the chapters of the questionnaire constitute of counterpoint questions thus organizing opinions on what constitutes reality locally/internationally and individually/collectively.
The fourth part, in the eighth chapter, presents, interprets, and comments on the results of the study. As far as age is concerned, the first categories (teenagers, young adults) present larger environmental concern and more friendly environmental behaviour. The findings confirm how important citizens’ information and knowledge is on environmental problems. The residential area has a great impact on the evaluation on environmental issues. Contrary to other studies, the gender factor reflects influence on the evaluation on environmental problems. Family and work status shows influence on specific issues especially as far as the position and devaluation of the environment with economic development, as well as the tax charge in application of polluter-pays principle. Ecological activism doesn’t register as important parameter of differentiation in their responses. The question environment or development receives almost the total of respondents answers in favour of environmental protection instead of development whilst believing their fellow citizens would prefer the inverse. In reference to the opinion of knowledge of environmental legislation, the crushing majority of respondents answer that they don’t consider themselves adequately informed. Related to the role of Science in resolution of environmental issues, gender and region of residence differentiates the answers of the respondents. Men trust more than women the abilities of science and also Attica’s citizens much more than those of Cyclades. Finally, the question which are believed to be the most appropriate green measures attracted the development of Mass Means of Transportation, the regulation of emissions of pollutants from cars and the savings of energy from the state and were deemed completely positive from the vast majority of the respondents. Additionally, it is deemed appropriate by the respondents to enforce a tax on a global scale, adopting a pro environmental global governance.
Consequently the study concludes that the polluter-pays principle has been imprinted on citizens’ conscience. Basic components of the principle run almost all the elements of the consequent legislation, as well as the tools of evaluation of the environmental risks and dangers. However, many question if the principle has achieved its goals or not remain. Green taxation, is no longer considered a main regulatory way forward for a proper and successful environmental governance. The results of the study displayed also the significant lack of knowledge on the environmental issues as much as the legal aspects to it. It also became apparent that the study critically registers the lack of knowledge, consciousness and sensitivity as well as environmental education of citizens as a necessary precondition for active citizenship. The environmental conscientiousness and adopting environmental action are inherently connected. However the connection of environmental issues and health governance have been engrained in citizens. This fact is significant, because citizens’ mobilization stems only from the fact that they feel the danger is imminent and threatens a valuable lawful good, such as health. However, the oscillation of citizens’s degree of confidence in Science demonstrates that citizens have realized and no longer acknowledge its “infallibility”. It is confirmed, finally, that citizens acknowledge that the economic magnification and the environment sustainability are not believed to be absolutely compatible. Finally, the concept of environmental justice seems to have increased citizens’ sensitivity, as they have been becoming more aware of the global dimension of the environmental issue.
The Epilogue of the study outlines the complicated relations of economy, politics, science and law, as far as the environment is concerned. As long as the environmental crisis is accelerated and expands affecting all aspects of modern life, so much more it establishes the belief and assureness of interconnection between the environmental problem with politics and legislation. Therefore, the quest for alternative solutions has already been instigated but is inconclusive if one simple revision of the system suffices for the overcoming of the contradiction. The rapid evolution of Technoscience gives birth to new endangerments, but similarly insinuates itself increasingly in processes of decision-making. The importance of democratising of such issues is evident emphatically. The participation and institutional entrenchment of smaller interdisciplinary research groups in glocal governance, is of imminent value. We believe that it is uncertain whether current environmental crises can be addressed with a legal-political arsenal which was built in past or even contemporary times. Moreover, it is necessary to combine solutions as the problem is multi-consequent, in that it may affect many factors of any categorization. It is certain that there is hope for citizens to be aware of how vital it is to: assert and claim proper information, participate in the making of decisions, and monitor during their implementation. The cultural narrative which began from the articulation of a scientific hypothesis that proves the arrival of the Αnthropocene era, ushers towards the overturning of anthropocentric perspective of relations between humans and nature. It is qualified that the power of narrative and imagination in the congruity of a new planetary identity, of a cosmopolitan society, may be in order. Under a postmodern point of view, law as a whole, concerning the environment, is called to radically transform methodology, language and its prospects of it, towards a future of peaceful coexistence of all living entities. In any case, the demand for environmental justice is fundamentally intertwined with contributing in the same direction.
