Environmental law in Denmark

Book abstract:

This book describes Danish environmental legislation, giving an overview of the basic principles of Danish environmental law, the historical background, the role of governmental institutions and the sources of environmental law. The author describes Denmark as being one of the cleanest countries in the world today, with its biggest environmental problem being in the coastal and open marine waters. Danish legislation stresses the concept of sustainability. A balance and protection of the environmental calls for a sharing of responsibilities which is both equitable and clearly defined by reference to consumption of and behaviour towards the environment and natural resources. Environmental taxes and fees are regulated by the rules and requirements laid down in legislation. The legal framework is on two levels: the Community level and the national level. The use of environmental economic instruments is however limited following the ban of State aids laid down in the treaty of Rome.

A number of environmental principles, present too in EU legislation, are also stated in the objectives of the Danish acts. This is the case in relation to the precautionary principle, the principle of tackling environmental problems at the source, the principle of best available techniques and the polluter-pays principle.

The book is divided into several parts. Following an introduction to Denmark in general and to the background of environmental law and policy in particular, part one looks at pollution control. This includes chapters on the general law, air, water, soil, noise, and radiation pollution, together with chapters on waste and other sectors. Part two looks at nature conservation and management, covering the areas of monuments and landscapes, parks and preserves, wildlife protection, agricultural resources, forests, fish resources, subsoil and dunes. Part three examines zoning and land-use planning, while parts four and five look at liability questions and juridical actions of individuals. Each chapter describes the relevant Danish, EU and other international acts, measures, statutory instruments, standards and protocols.

The author is a professor at the University of Aarhus and director of the Centre for Social Science Research on the Environment. This book was originally published as a monograph in the International Encyclopaedia of Laws/Environmental Law.