Theories and Concepts in Environmental Legislation

Some assumptions have been postulated over the years on why environmental pollution persists and on how best to limit, and where possible, control it. This preposition is predicated on the fact that stopping environmental pollution is an impossible task. Once developmental activities take place, there is bound to be environmental pollution. The pollution becomes a problem when by its nature, and by an aggregate of it, the environmental medium’s carrying capacity is exceeded hampering its self-purification processes. Some of these theories and concepts and how they have influenced environmental legislation in recent years are: theory of free-market environmentalism, the Coase theorem, environmental Kuznets theory, theory of command and control, theory of emission trading and environmental legislation, concept of sustainability and economic development, market-based concepts in environmental legislation, and the concept of strict and absolute liability. This chapter discusses these theories and concepts.