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Author : Richard Macrory
Publisher : Unknown
Page : 628 pages
File Size : 50,6 Mb
Release : 2006
Category : Environmental law
ISBN : OCLC:1256501173
Author : Nicolas de Sadeleer
Publisher : Routledge
Page : 434 pages
File Size : 48,8 Mb
Release : 2012-05-04
Category : Political Science
ISBN : 9781136563225
From fisheries to persistent organic pollutants to climate change itself, no other environmental principle in environmental law has produced as much controversy as the precautionary principle. Unlike a preventive approach in which action is taken provided that the threats to the environment are tangible, with a precautionary approach, authorities are prepared to tackle risks for which there is no definitive proof that the damage will materialize. The ramifications of this increasingly apparent approach are profound and cut across all areas of risk assessment and management, environmental law, policy and regulation in every major sector. However, to date little thought has been dedicated to the implementation of the precautionary principle in a wide array of environmental circumstances. This authoritative handbook addresses the legal aspects of how the precautionary principle is implemented in different sectors, and examines its successes, failures, strengths and weaknesses. Sectors and subjects covered include chemicals, GMOs, marine pollution, fisheries and nature conservation, and the book draws on cases in the EU, in the USA, and Nordic countries, where the use of precaution has been gathering momentum. Ultimately, the book provides an indispensable appraisal of the question - increasingly important in the era of human-induced climate change - of whether the precautionary principle is relevant, indeed essential, to avert major environmental and health risks, and how and when it can be used successfully. Published with MARIE CURIE ACTIONS
Author : J. H. Jans,Hans Vedder
Publisher : Unknown
Page : 584 pages
File Size : 40,5 Mb
Release : 2012
Category : Adaptation (Biology)
ISBN : 9089521054
"Taking into account new case law of the European courts, recent environmental directives and regulations, and the new provisions of the Lisbon Treaty, this book provides an in-depth analysis of important legal issues of European environmental law. What are the legal grounds for EU environmental policy, and on what principles are directives and regulations based upon? To what extent [are] EU environmental regulations more stringent [than] national environmental standards? What are the requirements the Court of Justice has imposed on the member states implementing environmental directives? How and to what extent can European environmental law be relied upon and challenged before national courts and the European courts? How do the Treaty rules on the internal market and undistorted competition interfere with national environmental policy? Answers to these and other questions can be found in this book. The book discusses all major environmental directives and regulations, integrating important judgments of the Court of Justice on their interpretations. Futhermore, national case law on the application of European environmental law is also ... taken into account"--Provided by publisher.
Author : Pål Wennerås
Publisher : OUP Oxford
Page : 368 pages
File Size : 52,9 Mb
Release : 2007-08-16
Category : Law
ISBN : 9780191566523
It is widely accepted that the future development of environmental law depends not on further legislation, but on more effective enforcement. Within the EC legal system, the conventional view is that the enforcement deficit is due to the fact that the environment is distinct from other fields of Community law. EC environmental law normally does not confer rights on individuals and may therefore not be judicially enforced in the same manner as rules concerning the internal market, competition and gender discrimination. The Enforcement of EC Environmental Law explores and challenges this assumption. Drawing from constitutional aspects of EC law, the author examines to what extent the general case law on procedures and remedies may be transposed to the field of environment, whilst at the same time taking stock of the existing environmental case law and the distinctive features of environmental legislation. In a critical exposition and assessment of 50 years of jurisprudence by the European Court of Justice as well as recent legislative developments, the author explores the potential of enforcement of environmental law through law suits by individuals as well as the European Commission. By demonstrating that the environment is not so different from other fields of law in terms of rights and remedies, the book provides not only new insights to the enforcement of EC environmental law but also to the central characteristics of Community constitutional law.
Author : Richard Macrory Hon KC
Publisher : Bloomsbury Publishing
Page : 614 pages
File Size : 46,6 Mb
Release : 2014-10-09
Category : Law
ISBN : 9781782254416
Regulation, Enforcement and Governance in Environmental Law is an updated edition of Richard Macrory's most influential writings. Spanning his entire career, these are all works which have helped shape contemporary environmental law and policy. The book includes the full text of his 2006 Cabinet Office Review on Regulatory Sanctions, new chapters on the Climate Change Act 2008, the Environment Tribunal, and analysis of recent leading cases. The book is divided into five thematic sections: Regulatory reform, Institutional Reform and Change, the Dynamics of Environmental Law, the Courts and the Environment and Europe and the Environment. Reviews of the first edition: 'This book is surely destined to become a 'must read' for anyone (academic, practitioner or student) interested in the development of regulation, enforcement, and environmental governance.' P Bishop, IUCN Academy of Environmental Law Journal 'An excellent reference work on environmental law....an extremely important and valuable edition to the environmental lawyer's bookshelf.' C Abbot, Journal of Environmental Law 'It is a rare to find a volume which consumes one's attention for 765 pages – and rarer still that such a blockbuster be a law book...This book is not solely for environmental enthusiasts – it should be essential reading for anyone concerned with the institutional reform, transparency and accountability in the UK and EU.' C MacKenzie, Cambridge Law Journal
Author : Aine Ryall
Publisher : Bloomsbury Publishing
Page : 332 pages
File Size : 43,5 Mb
Release : 2009-06-23
Category : Law
ISBN : 9781847315168
This work is concerned with enforcement of the Environmental Impact Assessment (EIA) directive in Ireland, and by extension, in the European Union more widely. As a case study it delves into the complex situation pertaining in Ireland. At a more general level it offers an up-to-date, theoretically rich and critically incisive examination of the enforcement of the EIA directive in Europe, with the main focus being on the role of the national courts in overseeing the correct application of the directive by the competent authorities via the judicial review process. The procedural requirements set down in the EIA directive are examined against the backdrop of the role played by the public in environmental decision-making. Amendments to the directive prompted by the Aarhus Convention are explained and their impact in practice is assessed. The core elements of the concept of effective judicial protection developed by the European Court of Justice are explored. Following an analysis of the EIA case law from the Irish Superior Courts to date, the work examines the extent to which Irish planning and administrative law meets the requirements of the principle of effective judicial protection and the access to justice provisions articulated in the Aarhus Convention.
Author : Stuart Bell,Donald McGillivray,Ole Pedersen
Publisher : Oxford University Press
Page : 845 pages
File Size : 53,6 Mb
Release : 2013-05-09
Category : Law
ISBN : 9780199583805
This edition 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.
Author : Lucas Bergkamp,Barbara Goldsmith
Publisher : OUP Oxford
Page : 408 pages
File Size : 49,5 Mb
Release : 2013-03-14
Category : Law
ISBN : 9780191648939
Similar to the United States (US) Natural Resource Damage (NRD) program, defined under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or "Superfund") and the Oil Pollution Act (OPA), the European Union's (EU) Environmental Liability Directive (ELD)imposes liability for, and requires remediation of, significant damage to natural habitats and species protected at Community and national levels, surface and ground waters covered by the Water Framework Directive, and land.The ELD was first published in 2004 and has since been transposed into the national laws of all EU Member States. However there is little guidance available to authorities and industry in interpreting and applying the ELD and meeting its prevention and restoration objectives. This volume is the first to describe the EU's ELD and to examine the emerging issues and practices in its application. While there are differences between the US and EU regimes, some of the underlying concepts, approaches and definitions embedded in NRD are also mirrored in the text of the ELD. The book includes a comparison of similarities and differences as well as synergies in practice; hence, this book will be of interest to both US and European readers. The ELD imposes liability for significant damage to natural habitats and species protected at Community and national levels, surface and ground waters covered by the Water Framework Directive, and land. Prior to the ELD's adoption many Member States had programs in place for the restoration of soil and groundwater contamination, but none had a regime for addressing harm to unowned natural resources. This volume presents a comprehensive legal commentary on the legal issues arising under the ELD, as well as an overview of administrative, technical, and legal issues and practices in applying the ELD regimes to cases of actual or threatened environmental damage. In doing so, it discusses both substantive issues and important procedural and process-related issues. Several case studies are presented to illustrate the issues and practical solutions. In addition, emerging best practices relating to practical ELD application are identified and presented. Identifying and discussing a wide range of emerging administrative, technical, and economic practice issues arising under member state legislation transposing and implementing the ELD, this book will be a valuable resource for all those whose work is affected by the ELD.
Author : Richard Macrory
Publisher : Bloomsbury Publishing
Page : 200 pages
File Size : 47,6 Mb
Release : 2020-04-30
Category : Law
ISBN : 9781509928132
At a time of profound change and rethinking, this book provides insights into how environmental law in the UK has developed into its current form, and considers challenges it will face in the future. Irresolute Clay is not a legal history or textbook, nor a conventional set of legal memoirs. Instead it offers a personal account of the inside stories as experienced by one of the key architects of contemporary environmental law. Taking a thematic approach, it charts fundamental tenets of the subject (such as environmental sanctions, the European dimension, developing the academic discipline of environmental law, and environmental courts and tribunals), from the beginnings of the modern environmental law era in the 1970s to the present day.
Author : Marjan Peeters,Mariolina Eliantonio
Publisher : Edward Elgar Publishing
Page : 552 pages
File Size : 46,8 Mb
Release : 2020-06-26
Category : Law
ISBN : 9781788970679
This comprehensive Research Handbook discusses how the EU has used its regulatory power to steer towards environmentally friendly behaviour, delving into the deep concerns related to the compliance with and enforcement of EU environmental law. It also highlights the important role of civil society’s use of environmental procedural rights, and characterizes how the CJEU case law has contributed to the effective implementation of EU environmental legislation.
Author : David Langlet,Said Mahmoudi
Publisher : Oxford University Press
Page : 600 pages
File Size : 52,6 Mb
Release : 2016-09-15
Category : Law
ISBN : 9780191068683
An accessible and comprehensive resource, EU Environmental Law and Policy explains the structure and logic of EU environmental law and enables readers to quickly gain a thorough understanding of the different areas of EU secondary law pertaining to the protection of the environment. This volume explores the institutional, constitutional, and historical premises for the adoption and application of substantive EU environmental law and further expounds upon the dynamics between EU Member States and the EU. The book additionally provides an introduction to the specific subject areas of EU environmental law through thematic chapters that analyse important topics such as climate and energy, water, and biological diversity. Each area is explained in detail, including a discussion of the specific features that characterize each area and an overview of the main legal acts and case law relevant to the particular area.
Author : Elizabeth Fisher,Bettina Lange,Eloise Scotford
Publisher : Oxford University Press
Page : 1160 pages
File Size : 51,6 Mb
Release : 2013-04-25
Category : Law
ISBN : 9780199270880
This new title in the popular Text, Cases, and Materials series provides students with a thorough understanding of environmental law while also encouraging critical reflection and pointing out areas of controversy and debate. The authors present an impressive range of extracts from UK and international cases, legislation, and articles, to help support learning and demonstrate how the law works in practice, clearly guiding students through key areas while providing insightful explanations and analysis. Topics have been carefully selected to support a wide range of environmental law courses and include pollution, conservation, town planning, and water regulation as well as considering environmental law in relation to the EU and from an international perspective. With its unique combination of extracts and author discussion, this new text provides a comprehensive and convenient guide to environmental law which can be relied upon throughout your course and career. This book is also accompanied by an Online Resource Centre which features updates to the law, further reading suggestions and useful weblinks.
Author : Rae Lindsay,Roger Martella
Publisher : Kluwer Law International B.V.
Page : 620 pages
File Size : 45,8 Mb
Release : 2020-06-17
Category : Law
ISBN : 9789403522302
In a dramatic departure from its voluntary origins, corporate social responsibility (CSR) is rapidly shifting to hold multinational companies accountable for more than traditional shareholder performance. This CSR movement is embracing new environmental, social and governance (ESG) frameworks that both promote global sustainability goals and enhance accountability for negative impacts businesses can have on ‘planet and people’. This collection of essays by leading businesspeople, international civil servants, legal practitioners, academics, and other experts offers a forward-looking and pragmatic perspective that illuminates the major themes in this movement towards increasingly sustainable, transparent and accountable business practices. The collection shows how CSR has evolved to account for societal pressures, environmental, climate change and human rights impacts, international policy imperatives and the practical challenges of regulating commercial activity that transcends borders. The chapters offer an in-depth examination of current issues including: international frameworks and multistakeholder initiatives catalysing foundational change; the shifting emphasis on corporate imperatives to avoid harm to third parties; trends in CSR, focused on assuring the planet's future sustainability and social stability; regulatory initiatives around the globe, including Europe, North America, Asia and Africa; and extended accountability for activities of corporate group members and supply chains. The pressure and business case for companies to incorporate CSR into corporate governance is intensifying with each quarter, shareholder meeting, and regulatory agenda. The integration of CSR and new ESG frameworks into multinational corporate strategy and operations is key to sustainable business models that can generate long-term value for the organization and all stakeholders. Their acceptance as cornerstones of 21st century business practice appears inevitable. Taking full account of the imperative for companies and their lawyers to grapple with the practical and legal challenges in this area, this volume is an invaluable and pragmatic addition to the practitioners’ toolbox at this important juncture in an ever-more dynamic field.
Author : Ludwig Krämer,Christopher Badger
Publisher : Bloomsbury Publishing
Page : 647 pages
File Size : 49,8 Mb
Release : 2024-05-30
Category : Law
ISBN : 9781509969081
The new edition of this essential book details the present state of EU environmental law as it has developed over the last 50 years. The author was personally involved in its making and enforcement, having worked for more than 30 years in the environmental department of the European Commission. The book therefore provides unique insights into this complex field. The book discusses in detail governance and other horizontal issues, such as competence questions, the division of power between the EU and its Member States, the individual right to a clean environment, and the integration of environmental requirements into other EU policies such as energy, transport, agriculture, fisheries, trade, and tourism. New chapters elaborate on the relationship between UK and EU law after Brexit (written by Christopher Badger) and on the global effect of EU environmental law and policy. Other chapters deal with climate change, biodiversity, water protection, air and noise pollution, products, and waste. Implementation of EU law in the Member States and the prominent role of the EU Court of Justice with its more than 1,100 environmental judgments are discussed, as well as an overall assessment of EU law and policy in environmental matters and its perspectives to 2030 under the 8th EU environmental action programme. At a time of globalisation, the book is indispensable reading for students, researchers, and practising lawyers alike.
Author : Nicolas de Sadeleer
Publisher : OUP Oxford
Page : 550 pages
File Size : 45,8 Mb
Release : 2014-01-09
Category : Law
ISBN : 9780191663505
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.
