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Author : Alicja Sikora
Publisher :
ISBN 13 : 9789089522207
Total Pages : pages
Book Rating : 4.5/5 (222 download)
Download or read book Constitutionalisation of Environmental Protection in EU Law written by Alicja Sikora and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Levente Borzsák
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041134085
Total Pages : 354 pages
Book Rating : 4.0/5 (411 download)
Download or read book The Impact of Environmental Concerns on the Public Enforcement Mechanism Under EU Law written by Levente Borzsák and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The European Union, with only 7.5% of the world's population, is responsible for a major part of the contamination of the planet, and is a major contributor to the problems of the global environment. Fortunately, Europe has both the capacity and the experience to fight effectively against these problems, even in this 'twenty-fifth hour' of environmental degradation. This timely book identifies some of the weaknesses of the public enforcement mechanism inherent in Articles 258-260 TFEU, and suggests how that mechanism could be improved in order to promote the overall effectiveness of EU law and environmental law in particular"--Provided by publisher.
Author : Mar Campins Eritja
Publisher : Routledge
ISBN 13 : 1000284670
Total Pages : 191 pages
Book Rating : 4.0/5 (2 download)
Download or read book The European Union and Global Environmental Protection written by Mar Campins Eritja and published by Routledge. This book was released on 2020-11-17 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how the EU can be a more proactive actor in the promotion of the principles of sustainability and fairness from a legal environmental perspective. The book is one of the results of the research activity of the Jean Monnet Chair in EU Environmental Law (2017-2020) funded by the European Commission under the Erasmus+ programme. The European Union and Global Environmental Protection: Transforming Influence into Action begins with an introduction of the key EU competences, instruments and mechanisms, as well as the current international challenges at the EU level. It then explores case study examples from four regulated fields: climate change, biodiversity, multilateral trade, unregulated fishing, and access to justice; and four unregulated areas: mainstreaming of the Sustainable Development Goals in EU policies, and environmental justice, highlighting the extent to which the EU might align with international environmental regimes or extend its normative power. This volume will be of great relevance to students, scholars, and EU policy makers with an interest in international environmental law and policy.
Author : Giovanni Antonelli
Publisher : Springer Nature
ISBN 13 : 3031415272
Total Pages : 348 pages
Book Rating : 4.0/5 (314 download)
Download or read book Environmental Law Before the Courts written by Giovanni Antonelli and published by Springer Nature. This book was released on 2023-12-01 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book sheds light on the latest trends in environmental law by analyzing some of the main sectors of law, including administrative law, constitutional law, EU law, US Law, and human rights law. It explores the evolution of these sectors before courts and tribunals from a US-EU perspective and from the perspectives of some of the foremost academics and justices from the major jurisdictions. Supranational and national courts, both in Europe and in the US, have delivered significant environmental judgements in recent years. The corresponding case law reflects how, in many jurisdictions, environmental and climate litigation continues to expand exponentially as a tool to strengthen environmental protection, whether by pushing national governments to be more ambitious or by enforcing existing statutes and regulations. Courts, particularly after the Paris Agreement, are increasingly seeking their own role as an important player in multilevel environmental governance. Courts in both the US and EU are at the forefront of this process and their role in shaping environmental rule of law will be fundamental in the near future.
Author : Alicja Sikora
Publisher :
ISBN 13 : 9789089522061
Total Pages : 0 pages
Book Rating : 4.5/5 (22 download)
Download or read book Constitutionalisation of Environmental Protection in EU Law written by Alicja Sikora and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book describes the unique process of legal evolution in the field of environmental law, which is denoted as constitutionalisation of the environmental protection in the EU legal order. This notion refers to the process of transformation of this particular area of law, which is reflected in its novel, autonomous features and materialised through the normative and jurisprudential elevation of environmental objectives and principles. In the course of recent years, environmental protection has evolved from a sectoral policy to one of the core, transversal principles of the EU legal order. Grasped through the prism of the principles of integration and coherence, environmental protection has become an all-present and influential aspect of EU legislation, while at the same time reaching the status of a fundamental value underlying the constitutional dimension of the European Union as a community of law. This book examines this process on the basis of comparative legal analysis, the current practice of EU institutions, and the recent case-law of the Court of Justice of the EU.
Author : Tim Hayward
Publisher : OUP Oxford
ISBN 13 : 0191535311
Total Pages : 248 pages
Book Rating : 4.1/5 (915 download)
Download or read book Constitutional Environmental Rights written by Tim Hayward and published by OUP Oxford. This book was released on 2004-12-16 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book shows why a fundamental right to an adequate environment ought to be provided in the constitution of any modern democratic state. The importance of securing provision for environmental protection at the constitutional level is now widely recognized. Globally, more than 100 states make some form of provision for environmental protection in their constitutions. A question more hotly debated, though, is whether the provision should take the stringent form of a fundamental right. This book is the first to examine the question from the perspective of political theory. It explains why the right to an environment adequate for one's health and well-being is a genuine human right, and why it ought to be constitutionalized. It carefully elaborates this case and defends it in closely argued responses to critical challenges. It thus shows why there is no insurmountable obstacle to the effective implementation of this constitutional right, and why constitutionalizing this right is not democratically illegitimate. With particular reference to European Union member states, it explains what this right adds to states' existing human rights and environmental commitments. It concludes by showing how constitutional environmental rights can serve to promote the cause of environmental justice in a global context. The book provides illustrations from around the world of how human rights and environmental concerns have been linked to date, and highlights precedents for the future development of a fundamental right to an adequate environment. It will be of value to policy-makers, lawyers, campaigners, and citizens concerned with environmental protection as a public interest and fundamental right. It will provide a valuable resource for students and teachers in politics, philosophy, law, environmental studies, and social sciences more generally. The book makes an original contribution to normative political theory by rethinking rights and justice in the light of contemporary issues and contexts.
Author : Marjan Peeters
Publisher : Edward Elgar Publishing
ISBN 13 : 1788970675
Total Pages : 552 pages
Book Rating : 4.7/5 (889 download)
Download or read book Research Handbook on EU Environmental Law written by Marjan Peeters and published by Edward Elgar Publishing. This book was released on 2020-06-26 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Rene Seerden
Publisher : Springer
ISBN 13 :
Total Pages : 626 pages
Book Rating : 4.F/5 ( download)
Download or read book Public Environmental Law in the European Union and the United States:A Comparative Analysis written by Rene Seerden and published by Springer. This book was released on 2002-09-25 with total page 626 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents an overview of public environmental law in the European Union and the United States of America. It focusses on constitutional and administrative environmental law but also includes other areas of law such as criminal and private law (in as far as these are relevant to the understanding of public environmental law). The book offers a comparative introduction, by editors and native authors, to the most important aspects of environmental law (prevention of pollution). It thus aspires to contribute to both 'transboundary' understanding of different regimes for Environmental Law and to a greater co-operation between different international and European partners in their strive towards more adequate (legal) modes of protection and improvement of the environment. For the purpose of the use of this book in education, research and legal practice, the contributions to the book are all based on one and the same format, thus making it more accessible for its readers. The final chapter offers comparative remarks by the editors.
Author : Sanja Bogojevic
Publisher : Bloomsbury Publishing
ISBN 13 : 1509911103
Total Pages : 298 pages
Book Rating : 4.5/5 (99 download)
Download or read book Environmental Rights in Europe and Beyond written by Sanja Bogojevic and published by Bloomsbury Publishing. This book was released on 2018-08-23 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: The growing awareness of an impending environmental crisis coupled with a series of national and regional environmental disasters led, in the 1960s and 1970s, to the birth of the global environmental movement and the widespread recognition of the need to protect the environment for both current and future generations. Against this backdrop the concept of 'environmental rights' surfaced as a means by which claims relating to the environment could be formulated in legal terms and thereby safeguarded. In the decades that followed, this concept has come to encompass many different variations of legal rights, which this book seeks to investigate and assess.
Author : J. H. Jans
Publisher :
ISBN 13 : 9789089521057
Total Pages : 584 pages
Book Rating : 4.5/5 (21 download)
Download or read book European Environmental Law written by J. H. Jans and published by . This book was released on 2012 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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 : Jenny García Ruales
Publisher : Taylor & Francis
ISBN 13 : 1040013015
Total Pages : 349 pages
Book Rating : 4.0/5 (4 download)
Download or read book Rights of Nature in Europe written by Jenny García Ruales and published by Taylor & Francis. This book was released on 2024-04-09 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the recognition of the Rights of Nature (RoN) in Europe, examining their conceptualisation and implementation. RoN refers to a diverse set of legal developments that seek to redefine Nature's status within the law, gradually emerging as a novel template for environmental protection. Countries like Ecuador and New Zealand, each with distinct histories and ways of dwelling in the world, have pioneered a new era in environmental governance by legally acknowledging rights or personhood for nature, ecosystems, and more-than-human populations. In recent years, Europe has witnessed growing interest in RoN, with academic, legislative, and political initiatives gaining momentum. A significant development is the September 2022 passage of a law in the Spanish Parliament, granting legal personhood and rights to the Mar Menor, a saltwater lagoon severely affected by environmental degradation. Given the diversity in interpretations and articulations of ‘Rights of Nature’, this edited volume argues that their arrival in Europe fosters different kinds of interactions across distinct areas of law, knowledge, practices, and societal domains. The book employs a multidisciplinary approach, exploring these interactions in law and policy, anthropology, Indigenous worldviews and jurisprudence, philosophy, spiritual traditions, critical theory, animal communication, psychology, and social work. This book is tailored for scholars in law, political science, environmental studies, anthropology and cultural studies; as well as legal practitioners, NGOs, activists and policy-makers interested in ecology and environmental protection.
Author : Geert Van Calster
Publisher : Edward Elgar Publishing
ISBN 13 : 1782549188
Total Pages : 383 pages
Book Rating : 4.7/5 (825 download)
Download or read book EU Environmental Law written by Geert Van Calster and published by Edward Elgar Publishing. This book was released on 2017-02-24 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU Environmental Law discusses the reality for legal practice throughout the EU, as environmental law of the Member States is becoming ever less 'national'. Consequentially European environmental regulation is becoming more complex and interrelated, making it an emerging field of study for European law graduates, and an area of increasing exposure to the legal profession. This book gives readers a thorough overview of core European environmental law, with a section on the basic framework and principles, as well as on substantive law issues giving insight into the legislation in the different sectors and the most topical developments.
Author : Maria Lee
Publisher : Bloomsbury Publishing
ISBN 13 : 1782254080
Total Pages : 466 pages
Book Rating : 4.7/5 (822 download)
Download or read book EU Environmental Law, Governance and Decision-Making written by Maria Lee and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Suzanne Kingston
Publisher : Cambridge University Press
ISBN 13 : 110850860X
Total Pages : 563 pages
Book Rating : 4.1/5 (85 download)
Download or read book European Environmental Law written by Suzanne Kingston and published by Cambridge University Press. This book was released on 2017-07-20 with total page 563 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU Environmental Law is a critical, comprehensive and engaging account of the essential and emerging issues in European environmental law and regulation today. Suitable for advanced undergraduate and postgraduate students, the book delivers a thematic and contextual treatment of the subject for those taking courses in environmental law, environmental studies, regulation and public policy, and government and international relations. Placing the key issues in context, EU Environmental Law takes an interdisciplinary and thematic approach to help students to better understand the implementation and enforcement of environmental law and policy across Europe. It offers an accessible overview, and links theory with practical applications that will allow students to contextualise the outcomes of legal rules and their impact on public and private behaviours. It provides a definitive account of the subject, examining traditional topics such as nature conservation law, waste law and water law, alongside increasingly important fields such as the law of climate change, environmental human rights law, and regulation of GMOs and nanotechnology.
Author : J. H. Jans
Publisher :
ISBN 13 :
Total Pages : 488 pages
Book Rating : 4.:/5 (51 download)
Download or read book European Environmental Law written by J. H. Jans and published by . This book was released on 2000 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: This leading monograph on European Environmental Law now completely updated and revised. Taking into account the changes of the 'Amsterdam Treaty', new case law of the Court of Justice and recent environmental directives and regulations. Prof. Jans acclaimed book provides an in-depth analysis of important legal issues of European environmental law. What are the legal grounds for EC environmental policy and on what principles are directives and regulations based upon? To what extent preclude EC environmental directives more stringent national environmental standards? What are the requirements the Court of Justice has imposed on the Member States implementing environmental directives? To what extent can European environmental law be relied upon and challenged before national courts and the Court of Justice? How do the Treaty rules on the Internal Market and undistorted competition interfere with national environmental policy? Answers to these questions can be found in prof. Jans' book. The book discusses all major environmental directives and regulations, integrating important judgments of the Court of Justice on their interpretation. Various national case law on the application of European environmental law is being taken into account. About the author: Prof. Jans (1956) teaches EU law at the Europa Instituut of the law faculty of the University of Amsterdam. He is a member of the Dutch Commission on Environmental Impact Assessment, Vice-Chairman of the Appeal Committee of the Dutch Cartel Authority, and honorory judge at the Assen District Court. He is also member of the editorial boards of the Journal of Environmental Law, SEW, Legal Issues of Economic Integration and The Columbia Journal of European Law.
Author : Jan Jans
Publisher : Springer
ISBN 13 :
Total Pages : 420 pages
Book Rating : 4.:/5 (45 download)
Download or read book European Environmental Law written by Jan Jans and published by Springer. This book was released on 1995 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: European Environmental Law discusses a number of questions arising in connection with the relationship between European law and national environmental law, such as the legal basis of European environmental law, its transposition and implementation in the national legal orders, the relationship between environmental law and the internal market. The final chapter surveys the most important EC legislation on the environment. Audience: Lawyers interested in the European dimension of environmental law.
Author : Ludwig Krämer
Publisher :
ISBN 13 :
Total Pages : 342 pages
Book Rating : 4.:/5 (43 download)
Download or read book Focus on European Environmental Law written by Ludwig Krämer and published by . This book was released on 1992 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recoge: 1.A right to a clean environment and community law -- 2.Community environmental policy -- 3. The single european act and environmental protectionn -- 4. The community, the environment and regional policy -- 5. Participation of environmental organisations in the activities of the community -- 6. The elaboration of community environmental legislation -- 7. The effect of community environmental directives on the member states -- 8.Community environmental law and unilateral action by member states -- 9. Monitoring and enforcement of community environmental legislation -- 10. The individual's right of complaint on environmental matters in community law -- 11. The "polluters pays" principle in community law. The interpretation of article 130r of the E.E.E.C. Teatry -- 12.Compensation for disaster damage and community law -- 13. The open society, its lawyer and its environment -- 14. Directive 90/313 on the freedom of access to information on the environment : origins and prospects for implementation
