NDLI: Legalization of Eco-balances in Germany

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Legalization of Eco-balances in Germany

Content Provider	Springer Nature Link
Author	Rehbinder, Eckard
Copyright Year	2001
Abstract	The development and use of, as well as scientific discussions on, eco-balances and in particular life cycle assessment has largely occurred without involving experts on environmental law. However, in the light of recent proposals to ‘legalize’ eco-balances, i.e. formally introducing them into environmental law, the legal implications of eco-balancing must be addressed in the future. The formal introduction, especially of LCA, cannot be decided independent of the general economic and environmental policy implications of material flow management, and it raises major questions of policy and constitutional law. An important question of principle is whether eco-balances should be prescribed or only a legal framework set forth for voluntary use. In view of the unfinished methodological development of LCA, any formal introduction raises the constitutional problem of conformity with the requirements of legal certainty. References to the ‘principles of good eco-balancing’ are problematic, and an introduction on an experimental basis would have to be confined to cases where the legal consequences of grossly divergent interpretations of this term are tolerable to affected firms. Where eco-balances are prescribed as a method of preparing governmental or administrative decisions, one must determine whether and to what extent they are binding on the decision-maker, and develop proper mechanisms of participation, transparency and critical review.
Starting Page	177
Ending Page	179
Page Count	3
File Format	PDF
ISSN	09483349
Journal	The International Journal of Life Cycle Assessment
Volume Number	6
Issue Number	3
e-ISSN	16147502
Language	English
Publisher	Ecomed
Publisher Date	2001-01-01
Publisher Place	Landsberg
Access Restriction	One Nation One Subscription (ONOS)
Subject Keyword	Constitutional law eco-balance enterprise-related eco-balance environmental law experimental legislation ISO 14040 legal certainty legalization Life Cycle Assessment (LCA) material flow management methods of eco-balancing participation product-related eco-balance trade secrets voluntary model of eco-balancing Environment Environmental Economics
Content Type	Text
Resource Type	Article
Subject	Environmental Science

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1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
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9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

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