Integrated Pollution Prevention And Control The Ec Directive From A Comparative Legal And Economic Perspective
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Integrated Pollution Prevention and Control:The EC Directive from a Comparative Legal and Economic Perspective by C. Backes Pdf
This text is a commentary on Council Directive 96/61/EC concerning pollution prevention and control (IPPC), which is to be implemented in EU member states in October 1999. The authors aim to analyse key provisions of the Directive.
Taking Stock of Environmental Assessment by Jane Holder,Donald McGillivray Pdf
This edited collection analyzes the appropriate balance between conservation and development and the place for participation and popular protest in environmental assessment. Examining the relationship between law, environmental governance and the regulation of decision-making, this volume takes a reflective and contextual approach, using wide range of theories, to explore the key features of modern environmental assessment. This collection of work from experts in the area in the US and Europe provides a detailed treatment of key issues in environmental assessment, encouraging an appreciation of where environmental assessment has come from and how it could develop in the future. A 'stocktaking' exercise, this volume encompasses a broad range of concerns, timescales and legal and policy contexts. Individual chapters include discussions on: the development of EIA in the United States and Europe the interrelation of environmental assessment with other regulatory regimes (water protection, environmental justice initiatives, the European spatial strategy) the prospects for the digitalization of the environmental assessment process the development and use of environmental impact assessment by the European Commission, the UN/ECE and NGOs. Looking at the roots and current state of environmental assessment in the US and Europe and giving the reader a good sense of the political, scientific and technological settings in which environmental assessment has developed, this book critically examines the dilemmas the law has found itself in since the regulation of environmental assessment.
Oxford Handbook of Comparative Environmental Law by Emma Lees,Jorge E. Viñuales Pdf
This Handbook is the first comprehensive account of comparative environmental law. It examines in detail the methodological foundations of the discipline as well as the substance of environmental law across countries from four vantage points: country studies from all continents, responses to common problems (including air pollution, water management, nature conservation, genetically modified organisms, climate change and energy, chemicals, waste), foundational components of environmental law systems (including principles, property rights, administrative and judicial organisation, command-and-control regulation, market mechanisms, informational techniques and liability mechanisms), and common interactions of environmental protection with the broader public, private, and criminal law contexts. 0The volume brings together the foremost authorities in this field from around the world to provide a concise, self-contained, and technically rigorous account of environmental law as a single overall system.
EU Environmental Law and the Internal Market by Nicolas de Sadeleer Pdf
For some, a protectionist policy underlies most environmental measures. Lawyers working in the area of fundamental freedoms are very accustomed to discussing all issues within a free market framework and therefore often come to market-friendly decisions. Similarly, while environmental law has taken on a renewed intensity at European level, the tendency has been to analyse the subject rather narrowly, and studies fail to address the impact of environmental law on market integration. Written by one of the foremost experts in the area, the book challenges current thought and re-assesses the rules of economic integration within an environmental framework. In so doing, it bridges the gap between environmental and trade law and provides a systematic, robust, and practically workable analytical framework of the conflicts opposing rapidly evolving environmental and climate change measures and internal market as well as competition rules. The book is divided into three parts, beginning with a systematic and in-depth analysis of the key Treaty provisions regarding environmental protection, as well as an overview of secondary environmental law. Part two addresses the compatibility of EU and national environmental protection measures with the provisions of the TFEU on the free movement of goods and services, and the freedom of establishment. Part three examines the compatibility of environmental protection measures with treaty provisions on the freedom of competition and State aids. The book also includes discussion of all major cases handed down by the Court of Justice, highlighting the real impact of the conflicts.
Regulation Strategies in the European Economic Area by Peter-Christian Müller-Graff,Erling Selvig Pdf
Hauptbeschreibung Regulation is one of the intensely debated big issues in developed market economies in general and within the European Economic Area in particular. To which extent regulation is reasonable and legitimate in the context of the European market economy and whether existing regulation is supported by strategies in the European Economic Area is the topic of this volume. Its eight contributions analyse three types of issues: the general role of regulation in the European Economic Area, the assessment of specific areas of European regulation (securities, consumer protection, anti-discrimination, environment protection), and criminal law as a new frontier in European regulation.
EU Environmental Legislation by Marjan Peeters,Rose Uylenburg Pdf
This thought-provoking book offers a cross-cutting debate on EU environmental legislation from a legal perspective focussing on key themes such as regulatory instrument choice, the coherency of law, and enforceable commitments. Based on thorough
Constitutional Law and Economics of the European Union by Dieter Schmidtchen,Robert Cooter Pdf
'. . . Most papers are followed by remarks from two commentators, which provide a useful summary of the issues at stake.' - Keith Tribe, The Economic Journal '. . . With its constitutional law and economics approach to European integration, this book is both interesting and useful for academics, policymakers and students of the EU.' - Nina Grager, Journal of Peace Research The process of European integration is at a crossroads. As the Union becomes larger in terms of members, the institutional structures and decision making procedures will have to change in order for it to make policy initiatives. To meet these challenges, the Union will need an effective institutional and constitutional structure which must be both democratic and acceptable to its citizens.
Deficits in EU and US Mandatory Environmental Information Disclosure by Dirk Bünger Pdf
It is the publicity about the Pollutant Release Inventory’s data which creates an incentive for firms to achieve emission reductions. Accordingly, public access to environmental information constitutes a core characteristic of the aforementioned inventory. Here, in essence, two facets arise. First, with regard to the collection, it is disputed whether such information, which may comprise confidential commercial and industrial information in the EU as well as trade secrets in the US, can be protected under fundamental and constitutional property rights respectively. Second, in the context of dissemination and utilisation, it is arguable whether the information indeed impacts polluters and produces an outcome that secures a certain level of environmental protection. The author responds to the first issue by taking the EU and US jurisdictions into account and strives to analyse how this novel form of Internet disclosure liberates market mechanisms in the quest for effective and efficient emission reductions.
Environmental Law by Stuart Bell,Donald McGillivray Pdf
This edition of 'Environmental Law' includes material on environmentalism and the law, international environmental law, access to environmental justice, noise pollution and new legislation on pollution prevention and new case law.
National Remedies Before the Court of Justice by Michael Dougan Pdf
The Court of Justice has delivered an extensive body of caselaw concerning the obligation of domestic courts to provide effective judicial protection to claimants relying upon Community law rights - including such landmark judgments as Factortame and Francovich. This book offers a critical analysis of the Court's fast-changing approach to national procedural autonomy,and explores the difficult conceptual framework underpinning the caselaw. The author demonstrates how Community intervention in the domestic systems of judicial protection cannot remain unaffected by wider debates about the evolving European integration project, in particular, the tension between uniformity and differentiation as competing values influencing the exercise of Community regulatory competence. Because of its emphasis on an ideal of uniformity which has become increasingly untenable within the contemporary Community legal order, much of the existing academic discourse about national remedies and procedural rules now seems ripe for reconsideration. It is argued that the Court's jurisprudence on the decentralised enforcement of Treaty norms needs to be interpreted afresh, having regard to the recent growth of regulatory differentiation within the Community system. National Remedies Before the Court of Justice provides a challenging account of this crucial field of EU legal studies. It includes detailed discussion of issues such as Member State liability in damages, Community control over national limitation periods, and the principles governing state aid and competition law enforcement. This book is of value to academics and practitioners alike.
Environmental Regulation Through Financial Organisations:Comparative Perspectives on the Industrialised Nations by Benjamin Richardson Pdf
This book takes a comparative perspective of practice in the European Union, North America, Japan and Australasia, arguing that existing legal reforms to promote sustainable development are unlikely to be successful unless environmental policy can be diffused and embedded in the financial services sector. This sector plays a crucial role in creating the financial conditions that allow much economic development to proceed. Financial markets are already highly regulated in pursuance of various public policy objectives, and there is scope to adapt existing regulation to incorporate environmental aspects into the financial services sector. In terms of specific reforms, the book focuses on the role of corporate environmental reporting, economic instruments and liability rules to provide a proper context for engaging financial organisations with the environment, as well as reforms to the system of prudential regulation that currently governs this sector. Beyond the focus on the financial services sector, the book raises complex questions regarding the relationship between the state and market institutions in environmental policy, and will appeal to scholars from a wide range of disciplines interested in problems of environmental governance.
EU Environmental Law, Governance and Decision-Making by Maria Lee Pdf
A vast and diverse body of EU law addresses an enormous range of environmental matters. This book examines a number of areas of substantive EU environmental law, focusing on the striking preoccupation of EU environmental law with the structure of decision-making. It highlights the observation that environmental protection and environmental decision-making depend intimately on both detailed, specialised information about the physical state of the world, and on political judgments about values and priorities. It also explores the elaborate mechanisms that attempt to bring these distinctive decision-making resources into EU environmental law in areas including industrial pollution, chemicals regulation, environmental assessment and climate change.
