Roots of Modern Environmental Law in Europe

Abstract

Abstract The article provides a concise overview of the origins of modern environmental law in Europe based on general historical studies or the legal studies dealing with the history of environmental law in particular European regions or countries. It presents historical development of the two fundamental branches of environmental law, namely nature conservation and pollution control, first at the medieval times and then as a consequence of Industrial Revolution. The article presents the legal instruments and concepts invented in the past in the light of the instruments and concepts used in the current European legislation. In this context it attempts to show that some of the contemporary concepts and many of currently used legal instruments of environmental policy are not the modern invention and have the roots in some older concepts and instruments invented already long time ago in some national legislations in Europe. In conclusion the article claims that while the global challenges brought about by the climate change require politicians to seek a new, more comprehensive, approach to environmental policy and law – some lessons learned from the past experience may be useful.