Environmental Damage And Liability Problems In A Multilevel Context

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Environmental Damage and Liability Problems in a Multilevel Context

Author : Sandra Cassotta
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041141979
Total Pages : 280 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Environmental Damage and Liability Problems in a Multilevel Context by : Sandra Cassotta

Download or read book Environmental Damage and Liability Problems in a Multilevel Context written by Sandra Cassotta and published by Kluwer Law International B.V.. This book was released on 2012-03-23 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is a growing interest at different decision-making levels (EU, international and national) in using liability as an element in solving the legal problems of environmental harm. The interest is founded on the necessity to take into account of complex inter-dependencies and interrelationships between the environmental media at global, regional and national levels. In an effort to implement the aims of sustainable development, new views of the traditional liability instrument have to be applied. The book focuses on the Environmental Liability Directive 2004/35/EC (the so-called “ELD”) on the prevention and remedying of environmental damage, and evaluates as to whether the ELD has achieved its goals and maintained its ambitions in terms of environmental protection, and what the optimal level of harmonization in terms of environmental protection is. In order to address the question of research of this book, an interdisciplinary framework of analysis and methodology combining political science and law are developed. Since environmental damage is a multidimensional and multidisciplinary problem, par excellence, a multidisciplinary approach is required. Consequently, the use of a multidisciplinary method, combining together in a systematic and rigorous fashion, law, political science, technical elements of economy, insurance law and natural science, is, in the research design of this study, necessary, in a view of tackling the topic in a scientific problem solving-oriented approach. The book draws the overall conclusions by suggesting proposals for amendments and recommendations to be utilized for possible redrafting of the ELD’s provisions for the time when the ELD will be object of a procedure of revision. This book will be of interest to practitioners in EU law and EU Environmental law, international environmental law, legal experts on the law of environmental liability, specialists within international organizations but also by political scientists, economists, insurance law specialists, and natural scientists.

Contemporary Issues in Environmental Law

Author : Yumiko Nakanishi
Publisher : Springer
ISBN 13 : 4431554351
Total Pages : 216 pages
Book Rating : 4.4/5 (315 download)

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Book Synopsis Contemporary Issues in Environmental Law by : Yumiko Nakanishi

Download or read book Contemporary Issues in Environmental Law written by Yumiko Nakanishi and published by Springer. This book was released on 2016-01-28 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a variety of articles on contemporary issues in environmental law by eminent university professors of environmental law, international public law, European Union law, and comparative law in Europe and Japan. It is the first book in the field of environmental law based on the results of international conferences and research activities supported by the European Union delegation in Japan. Current essential and global topics such as principles of environmental law, climate change, biodiversity, ethics pertaining to animal rights , nuclear safety regime after Fukushima, environmental impact assessments, protecting international waters, genetically-modified organisms, and implementing international instruments, and EU rules at the national level are discussed in light of the 2009 Treaty of Lisbon and other recent international treaties, by comparing the approaches taken by the EU, European countries, and Japan. As environmental law is not just a national issue but also a global one, it is important to understand and analyse various aspects of current environmental issues. This book is a response to such needs, and represents the joint work of five Japanese and four European (two German and two Italian) professors who have succeeded in creating something that is both unique and remarkable.

The Future of Environmental Law

Author : Stefan E. Weishaar
Publisher : Edward Elgar Publishing
ISBN 13 : 1035314649
Total Pages : 309 pages
Book Rating : 4.0/5 (353 download)

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Book Synopsis The Future of Environmental Law by : Stefan E. Weishaar

Download or read book The Future of Environmental Law written by Stefan E. Weishaar and published by Edward Elgar Publishing. This book was released on 2023-07-01 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: Environmental law is evolving from negotiating and prescribing environmental policies to enforcing time-bound, measurable and achievable goals in order to secure a sustainable future. This pertinent and thought-provoking book analyzes the legal instruments that have been successful in working towards requisite targets for ecological sustainability. Featuring contributions from leading scholars, this insightful book discusses the future challenges and innovative applications of environmental law to assist in achieving sustainability goals in an efficient and timely manner.

EU Law Enforcement

Author : Stefano Montaldo
Publisher : Taylor & Francis
ISBN 13 : 0429584679
Total Pages : 338 pages
Book Rating : 4.4/5 (295 download)

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Book Synopsis EU Law Enforcement by : Stefano Montaldo

Download or read book EU Law Enforcement written by Stefano Montaldo and published by Taylor & Francis. This book was released on 2021-02-22 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: The existence of a structured enforcement system is an inherent feature of national legal orders and one of the core elements of State sovereignty. The very limited power to issue sanctions has often been deemed a gap in the EC legal order. Over the years, the situation has progressively changed. The Union’s institutional setting is growing in complexity and a variety of agencies has been or is expected to be endowed with law enforcement responsibilities. In addition, the so-called competence creep has led the EU to play an increasingly prominent role in several areas of EU law enforcement, including the issuing of sanctions. This book examines these developments, focusing on both the general features of the EU legal order and the analysis of key-substantive areas, such as banking and monetary union, environmental law, and data protection. The work thus presents a general framework for understanding EU sanctioning based on structural features and general legal principles. Part I develops an analytical framework, tracking the most significant evolutive patterns of EU sanctioning powers. Part II adopts a more practical approach focusing on specific issues and policy areas. The book bridges a gap in existing literature and sheds new light on the relationship between the exercise of jus puniendi and the evolution of EU integration.

Foreign Investment in the Energy Sector

Author : Eric De Brabandere
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004244719
Total Pages : 312 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Foreign Investment in the Energy Sector by : Eric De Brabandere

Download or read book Foreign Investment in the Energy Sector written by Eric De Brabandere and published by Martinus Nijhoff Publishers. This book was released on 2014-06-06 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foreign Investment in the Energy Sector: Balancing Private and Public Interests, a comprehensive collection of essays from experts and practitioners, offers an important new resource to the field.

Environmental Liability and the Interplay between EU Law and International Law

Author : Emanuela Orlando
Publisher : Routledge
ISBN 13 : 1317385969
Total Pages : 253 pages
Book Rating : 4.3/5 (173 download)

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Book Synopsis Environmental Liability and the Interplay between EU Law and International Law by : Emanuela Orlando

Download or read book Environmental Liability and the Interplay between EU Law and International Law written by Emanuela Orlando and published by Routledge. This book was released on 2023-07-24 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: The role of law in responding to global environmental problems and the interplay between different levels of regulation and governance is becoming increasingly relevant in the field of liability and reparation for environmental damage. This book examines the relationship and reciprocal influences between the EU and the international legal order in a multilevel and comparative perspective, in relation to the ongoing efforts to elaborate effective regimes of liability and reparation for environmental damage. It offers a comparative analysis of legal developments in the field of environmental liability within the EU and at the international law level and addresses questions concerning the impact of such interaction on the development, implementation and enforcement of appropriate responses to environmental damage within the respective legal orders and on a global level. Given the book’s focus and the transnational legal dimension of the issues covered, this volume will be of great interest to legal academics and researchers working in the environmental law field from an EU law and international law perspective, as well as more generally to scholars interested in the study of the relationship between EU and international law. Outside academia, the book will also be of great interest to practitioners wishing to get insights into the application of the law of environmental liability in the EU and at the international law level.

A Tale of Two Cities: A Comparison of Air Pollution Governance in the Los Angeles Area of the USA and the Beijing-Tianjin-Hebei Area of China

Download A Tale of Two Cities: A Comparison of Air Pollution Governance in the Los Angeles Area of the USA and the Beijing-Tianjin-Hebei Area of China PDF Online Free

Author : Xi Wang
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403542470
Total Pages : 178 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis A Tale of Two Cities: A Comparison of Air Pollution Governance in the Los Angeles Area of the USA and the Beijing-Tianjin-Hebei Area of China by : Xi Wang

Download or read book A Tale of Two Cities: A Comparison of Air Pollution Governance in the Los Angeles Area of the USA and the Beijing-Tianjin-Hebei Area of China written by Xi Wang and published by Kluwer Law International B.V.. This book was released on 2023-12-11 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: The successful reduction of urban air pollution is among the notable achievements of modern environmental law and policy. This remarkable study, focusing on two of the world’s most prominent cases, explores how people in the areas of Los Angeles and Beijing-Tianjin-Hebei (BTH) established governance processes to combat air pollution and how the major actors in each area worked to make their region a better place to live. Employing the expertise of teams of knowledgeable environmental law experts from both China and the United States, the authors identify and analyze similarities and differences in the respective legal and policy experiences as actors succeeded in greatly improving the air quality of their areas. Underpinned by a model of environmental governance developed by the authors and presenting an abundance of first-hand information from both areas, the study finds that, despite broad political and cultural differences in both regions, three political relations in governance processes emerge as enablers of effective reduction of air pollution: relation between regulators and the regulated communities; relation between all the supervisory political entities, such as legislatures, etc., and regulators; and relation between civil society (including news media and nongovernmental organizations) and polluters. Specific areas of regulation covered include transportation, ports, energy efficiency, utilities, oil refineries, building efficiency, renewable energy, coal dependency, and optimizing energy structure. With its sound, replicable model, its solid findings, and its enlightening conclusions, this incomparable work will prove of immeasurable value to administrative authorities and counsel worldwide engaged in combating air pollution. Moreover, its creative methodology is a signal contribution to the comparative study of environmental law and policy.

China's Way to Carbon Emissions Reduction

Author : Ying Shen
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041160523
Total Pages : 466 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis China's Way to Carbon Emissions Reduction by : Ying Shen

Download or read book China's Way to Carbon Emissions Reduction written by Ying Shen and published by Kluwer Law International B.V.. This book was released on 2015-08-18 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now that the most recent scientific estimates have shown that China has become the world's largest source of greenhouse gas emissions, China's influence on the world's environment and sustainable development highlights the importance of tailoring Chinese climate change law to conform with the requirements of international conventions and agreements on climate change. This thorough analysis, based on an examination of climate status, legal background, and current regulatory systems in China, examines the potential role of different policy instruments in reducing carbon emissions in order to find an appropriate choice for China, and recommends approaches to key issues for relevant authorities. The author conducts a comprehensive and in-depth study on the three mainstream environmental policy instruments used to control carbon emissions – the cap-and-trade system, the carbon tax, and command-and- control regulations – in a Chinese context. She reviews China's current policies, and elucidates how the issues of climate change and global warming call for social, environmental, economic, and legal reforms in China, especially in the areas of administrative law and property rights law. Among the issues and topics covered are the following: - key issues on designing and implementing each of the three policy instruments; - the choice of regulatory instruments for carbon emissions reduction in a socialist market economy based on the discussion of market failure and government failure theories; - legal challenges from China's current administrative legislation and the definition of carbon emissions entitlements; - practical effect of China's climate change policy at the national, provincial, and local levels; - effectiveness of China's implementation of its international obligations; - lessons learned from schemes implemented in the United States and Australia; - comparison of China's seven regional pilot emissions trading scheme (ETS) programmes with the well-established EU ETS; - linkage between China's ETS and other ETSs from a global perspective; and - future direction of an emerging carbon market in China. The analysis assesses the critical costs and benefits of each approach in the context of selected case studies, taking legal literature in the field fully into account. Given that the Chinese government is taking steps to reduce emissions by altering energy production and usage and is signalling a willingness to make similar commitments in a multilateral treaty, it is very timely and important for lawmakers and scholars, within and outside China, to think about new and appropriate regulatory measures to respond to the crisis and plan for a sustainable future. This study provides not only a useful benchmark for both China and other countries in formulating initiatives on enhancing climate protection, but also details the global implications for governments and for international organizations concerned with the understanding between China and the rest of the world in the context of climate change mitigation.

Knowledge Gaps From the IPCC Special Report on the Ocean and Cryosphere in a Changing Climate and Recent Advances

Author : Carolina Adler
Publisher : Frontiers Media SA
ISBN 13 : 2889760723
Total Pages : 203 pages
Book Rating : 4.8/5 (897 download)

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Book Synopsis Knowledge Gaps From the IPCC Special Report on the Ocean and Cryosphere in a Changing Climate and Recent Advances by : Carolina Adler

Download or read book Knowledge Gaps From the IPCC Special Report on the Ocean and Cryosphere in a Changing Climate and Recent Advances written by Carolina Adler and published by Frontiers Media SA. This book was released on 2022-05-04 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt:

International Food Law

Author : Cinzia Caporale
Publisher : Kluwer Law International B.V.
ISBN 13 : 940351812X
Total Pages : 511 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis International Food Law by : Cinzia Caporale

Download or read book International Food Law written by Cinzia Caporale and published by Kluwer Law International B.V.. This book was released on 2021-05-21 with total page 511 pages. Available in PDF, EPUB and Kindle. Book excerpt: estation, habitat destruction and zoonoses; food naming and labelling; and food risk management. Throughout there is reference to an abundance of legislation, treaties, conventions, and case law at domestic, regional, and international levels, with particular attention to European, US, and World Trade Organization law and the work of the FAO. The book clearly demonstrates the necessity for reform of the global system of food production in the direction of a more sustainable and environment-friendly model. In its authoritative discussion of the relations among fields of law that are rarely discussed together – food law and the environment, food law and human rights, food law and animal welfare – this collection of chapters will prove a valuable resource both for officials working in food governance and security and for lawyers and scholars concerned with environmental management, sustainable development, and human rights around the world.

EU Environmental Law and Policy

Author : David Langlet
Publisher : Oxford University Press
ISBN 13 : 0191068683
Total Pages : 600 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis EU Environmental Law and Policy by : David Langlet

Download or read book EU Environmental Law and Policy written by David Langlet and published by Oxford University Press. This book was released on 2016-09-15 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Petroleum, Industry and Governments

Author : Bernard Taverne
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403532319
Total Pages : 389 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Petroleum, Industry and Governments by : Bernard Taverne

Download or read book Petroleum, Industry and Governments written by Bernard Taverne and published by Kluwer Law International B.V.. This book was released on 2022-05-13 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: The grave concern of governments for the negative impact on the world climate caused by the release into the atmosphere of CO2 resulting from human activity, and under human control, such as the burning and combustion of oil products from the refinery, of natural gas and coal (the fossil fuels) made it possible for the international community to agree to and establish a global climate agreement, viz. The Paris Agreement of 1915. In order to meet the objectives of this Agreement, governments will try (among other measures) to curb the consumption of fossil fuels. This will not be easy since, in particular in less advanced economies, fossil fuels are for the coming decades indispensable. In more advanced economies, there are alternatives available, but as long as a possible switching to nuclear fission energy meets with public opposition, even the more advanced economies will remain dependent on fossil fuels for the coming decades. In its deeply informed discussion of the involvement of industry and governments with the production and use of petroleum, the prodigious scope of the coverage encompasses the following and much more: technical and environmental aspects of the production of oil and natural gas; position and function of petroleum and natural gas in the economy; government policies and attitudes towards fossil fuels, particularly with respect to climate change; national and international regulation of onshore or offshore petroleum operations; how oil and natural gas markets work; old and new forms and manifestations of political risk; distinction between licence-based and contract-based petroleum legislation; production sharing agreements; and petroleum taxation. The author draws on laws, contracts, government policy documents, trade journals, and statistical data available from international organizations and institutes and international oil companies. Underlying much of the review and discussion are governmental concerns with the prospects for economic alternatives and control of CO2 emissions. The often conflicting policy options open to governments and the consequences, if any, for both oil and natural gas and the petroleum industry are reviewed and discussed. All statistics and projections regarding reserves, production and consumption of oil and natural gas have been updated. Because so much continues to happen in the realm covered by this book, all who depend on its previous editions will need this updated and significantly rewritten edition. An indispensable resource for petroleum policymakers at every level, this book is of special importance and interest to petroleum venture managers, as well as for lawyers, independent consultants, and other professionals who are required to give advice with respect to the economic, regulatory, and cooperative aspects of petroleum operations.

Practical Considerations to Negotiate an Enforceable Joint Operating Agreement under Civil Law Jurisdictions

Author : Damilola S.Olawuyi
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403506652
Total Pages : 659 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Practical Considerations to Negotiate an Enforceable Joint Operating Agreement under Civil Law Jurisdictions by : Damilola S.Olawuyi

Download or read book Practical Considerations to Negotiate an Enforceable Joint Operating Agreement under Civil Law Jurisdictions written by Damilola S.Olawuyi and published by Kluwer Law International B.V.. This book was released on 2019-12-18 with total page 659 pages. Available in PDF, EPUB and Kindle. Book excerpt: Because agreements concerning oil and gas upstream activities have historically been developed in common law jurisdictions, a growing concern for the petroleum industry is that a some upstream investment might not be enforceable in a civil law jurisdiction to the extent the same standards/concepts are used without any adaptation. This is why it is essential to understand and analyse how to implement a Joint Operating Agreement in civil law countries. This new edition of this unique in-depth treatment of JOAs under civil law offers a new abundance of practical considerations addressing enforceability issues in a wide variety of civil law jurisdictions likely to be conducting joint operations among two or more parties. The country-by-country analysis helps greatly in ensuring that such issues and topics as the following will be covered in a contract subject to civil law: obligations and liabilities; relationship of the parties; exclusive operations; force majeure; hardship; and host granting instrument. A useful appendix to this new edition is dedicated to a wealth of short practical comments and specific guidance. The first edition of this book presented the first JOA edited book to address the essential requirements from a large variety of civil law perspectives. This new edition offers a broader and more complete discussion of the latest legal developments with respect to the legal framework and principles underpinning JOAs in more civil law countries. It analyses the main issues that the petroleum industry and its investors might face in civil law jurisdictions with actual or potential large oil and gas reserves, and as such it is a unique and immensely valuable source of information and guidance for oil and gas law practitioners, legal counsel, and business and commercial negotiators involved in transnational operating agreements around the world.

Joint Operating Agreements

Author : Eduardo G. Pereira
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041159355
Total Pages : 362 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Joint Operating Agreements by : Eduardo G. Pereira

Download or read book Joint Operating Agreements written by Eduardo G. Pereira and published by Kluwer Law International B.V.. This book was released on 2015-07-23 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: Historically oil and gas upstream activities were developed in common law jurisdictions. In the same manner the first model form of Joint Operating Agreements (JOAs) was developed in 1956 by the American Association of Professional Landmen. This historical model form provided the industry with guidance for future generations of JOAs. Although the JOAs were initially used in common law jurisdictions (US, Canada, UK, etc.) later on it was used in civil law jurisdictions throughout South America, Africa, Europe and Asia. There is no JOA model available in the industry to address all of the requirements from a large variety of civil law perspectives. The Norwegian and Greenlandic authorities offer their own JOA models, which are suitable within these jurisdictions. The AIPN JOA model form 2012 issued a short guidance note for civil law issues. Although this initiative was very much welcomed by the industry, it was not possible to provide extensive guidance on every detail and provide advice on exactly what your JOA provisions should look like at the very end. Therefore, the main issue for the petroleum industry is the fact that large upstream investments could be done based on a contract that might not be enforceable in a civil law jurisdiction. This book analyses the main issues that a JOA might face within seventeen civil jurisdictions with large oil and gas reserves or at least large potential (including but not limited to Angola, Argentina, Brazil, China, France, Holland, Indonesia, Kazakhstan, Mexico, Mozambique, Norway, Russia, Uzbekistan, Venezuela, etc.). It is a unique and valuable publication for practitioners, legal counsel, businessmen, and academics involved in the upstream industry around the world.

Climate Clubs for a Sustainable Future

Author : Rafael Leal-Arcas
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403537205
Total Pages : 330 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Climate Clubs for a Sustainable Future by : Rafael Leal-Arcas

Download or read book Climate Clubs for a Sustainable Future written by Rafael Leal-Arcas and published by Kluwer Law International B.V.. This book was released on 2021-08-23 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: Energy and Environmental Law and Policy Series #41 We know the science of climate change; we know the economics of climate change; we also know the law of climate change. However, we do not know how countries may come together to cooperate on climate change mitigation. In this connection, the role of international trade in climate change, although universally acknowledged, is not well understood. This groundbreaking book by one of the world’s foremost authorities on international economic law not only investigates this role in great depth, but also explains how free trade agreements can be used as a powerful tool to help mitigate climate change. Focusing on the idea of climate clubs—namely the coalition of the willing—among governments, companies, and/or international institutions, the book offers insightful analysis on aspects of the trade–climate linkage such as: formation of climate clubs; legitimacy and accountability; technological cooperation; green patents; how competition law hinders effective cooperation between companies seeking to produce sustainable goods; domestic policy preferences; recognizing States that should legitimately be allowed to be free riders; and sanctions for noncompliance. Three detailed case studies are included: a comparison of the U.S. and European Union (EU) Generalized System of Preferences (GSP) programs, energy security in the Arab world, and EU–Russia energy trade relations. With the author’s conviction that global access to energy, mitigating climate change, and benefit from international trade and investment all can be achieved, this book offers a fresh understanding of the international trading system as a way to reach a prosperous, modern, and sustainable society that will help decarbonize the economy effectively. It will be welcomed by all professionals and policymakers concerned with climate change mitigation, and particularly by those active at its nexus with international trade.

Application of Anti-manipulation Law to EU Wholesale Energy Markets and Its Interplay with EU Competition Law

Author : Huseyin Cagri Corlu
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041196048
Total Pages : 314 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Application of Anti-manipulation Law to EU Wholesale Energy Markets and Its Interplay with EU Competition Law by : Huseyin Cagri Corlu

Download or read book Application of Anti-manipulation Law to EU Wholesale Energy Markets and Its Interplay with EU Competition Law written by Huseyin Cagri Corlu and published by Kluwer Law International B.V.. This book was released on 2018-06-05 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the course of energy liberalisation, electricity and natural gas contracts have been separated from physical delivery, and these contracts are now traded as commodities in multilateral trading facilities. Although designed to render energy trading standardised and efficient, this system raises serious questions as to whether existing regulatory and antitrust provisions are sufficient to address market abuses that cause imbalances in demand and supply. The European Union’s (EU’s) Regulation on Wholesale Energy Market Integrity and Transparency (REMIT), adopted to combat such market manipulation, is still lacking in significant case law to bolster its effectiveness. Addressing this gap, this invaluable book provides the first in-depth analysis of market manipulation in the energy sector, offering a deeply informed understanding of the new anti-manipulation rules and their implementation and enforcement. Focusing on practices that perpetrators employ to manipulate electricity and natural gas markets and the applicability of anti-manipulation rules to combat such practices, the analysis examines such issues and topics as the following: – factors and circumstances that determine when and what market misconduct can be subject to enforcement; – the European Commission’s criteria to determine whether a particular market is susceptible to regulation; – jurisdiction of REMIT and the Market Abuse Regulation (MAR) with respect to the prohibitions of insider trading in financial wholesale energy markets; – to what extent anti-manipulation rules and EU competition law may be applied concurrently; and – types of physical and financial instruments that market participants have employed in devising their manipulative schemes. Because market manipulation is rather new in the EU context but has been prohibited and prosecuted under US law for over a century, much of the case law analysis is from the United States and greatly clarifies how anti-manipulation rules may be enforced. A concluding chapter offers policy recommendations to mitigate legal uncertainties arising from REMIT. Energy market participants, such as energy producers, wholesale suppliers, traders, transmission system operators and their counsel, and legal practitioners in the field will welcome this book’s extensive legal analysis and its clear demarcation of the objectives that REMIT seeks to accomplish with respect to energy market liberalisation.

European Union Case Law on the Birds and Habitats Directives

Author : Nina Claudia Miron
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403525673
Total Pages : 461 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis European Union Case Law on the Birds and Habitats Directives by : Nina Claudia Miron

Download or read book European Union Case Law on the Birds and Habitats Directives written by Nina Claudia Miron and published by Kluwer Law International B.V.. This book was released on 2023-12-11 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: Energy and Environmental Law and Policy Series Despite the remarkable scope of EU conservation policy, and notwithstanding 30 years of relevant case law, nature in the EU continues to decline. This comprehensive book, focusing on the EU’s core legislation on nature, the Birds and Habitats Directives, presents a detailed summary and analysis of the two directives as interpreted by the Court of Justice of the European Union. The book’s systematic structure provides the crucial details of a large body of cases decided by the Court following legal actions taken by the European Commission or preliminary references submitted by national courts. It enables a clear procedural understanding of how nature cases are brought before the Court and how the Court approaches matters such as the burden of proof and the entitlement of environmental associations to litigate disputes. Among the salient areas of analysis are the following: the requirements for including sites within Natura 2000, the largest network of protected nature areas in the world; the obligations to conserve Natura 2000 sites and protect them from damage, including through procedural and substantive assessment requirements for plans and projects; requirements concerning unlawful or illegal activities; the strict protection requirements that apply to wild birds and other species, together with related derogation provisions; requirements to protect habitats in the wider countryside and interlinkages between the nature directives and directives on impact assessment, water, and environmental liability; challenges addressed or influenced by the Court, such as defects in Member State transposition, problems of monitoring and enforcing compliance, and dealing with harmful and benign subsidies; procedures used to bring cases to the Court, including direct actions by the Commission and preliminary references from national courts. According to the 2020 Global Risk Report of the World Economic Forum, biodiversity loss will be one of the biggest threats facing humanity in the next ten years. If nature is to have any hope of recovering and prospering, strict application of existing nature conservation rules is of utmost importance, especially as a recent evaluation shows that, although the EU nature directives are fit for purpose, implementation on the ground is lagging behind. By setting out the case law systematically and explaining what compliance with specific requirements entails, this book makes a signal contribution to nature conservation practice. Lawyers, policymakers, and NGOs working in the domain of nature conservation will greatly benefit.