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Author :
Publisher :
ISBN 13 :
Total Pages : 292 pages
Book Rating : 4.F/5 ( download)
Download or read book Internationaal Milieurecht written by and published by . This book was released on 1995 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Jonathan Golub
Publisher : Routledge
ISBN 13 : 1134729588
Total Pages : 289 pages
Book Rating : 4.1/5 (347 download)
Download or read book New Instruments for Environmental Policy in the EU written by Jonathan Golub and published by Routledge. This book was released on 1998-06-04 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: New Instruments for Environmental Policy in the EU provides a comprehensive analysis of the debate over new forms of environmental regulation in the European Union. The conclusions draw attention to critical aspects of instrument design, as well as the difficulty of accommodating national policy diversity without contravening EU and international trade rules. Drawing on critical research and practical experience, this book presents a number of recommendations for improving the next generation of environmental policies and explores comparisons between the search for new environmental instruments in the EU and similar regulatory transitions worldwide.
Author : Michael Faure
Publisher : Edward Elgar Publishing
ISBN 13 : 1783477407
Total Pages : 575 pages
Book Rating : 4.7/5 (834 download)
Download or read book Environmental Enforcement Networks written by Michael Faure and published by Edward Elgar Publishing. This book was released on 2015-02-27 with total page 575 pages. Available in PDF, EPUB and Kindle. Book excerpt: Compliance and enforcement is a fundamental issue within environmental law. But despite its pertinence, it is an area that has been neglected in academic research. Addressing this gap, this timely book considers the circumstances under which networking
Author : Lucas Bergkamp
Publisher : BRILL
ISBN 13 : 900447904X
Total Pages : 734 pages
Book Rating : 4.0/5 (44 download)
Download or read book Liability and Environment written by Lucas Bergkamp and published by BRILL. This book was released on 2021-12-06 with total page 734 pages. Available in PDF, EPUB and Kindle. Book excerpt: Liability and Environment analyzes the role of law, in particular civil liability, in controlling environmental pollution and risk. In modern environmental policy, liability has become a popular instrument. In this book, Prof. Bergkamp takes a fresh look at civil liability for environmental harm in an inter- and transnational context. Over the last decade, industry's liability exposure for environmental harm has expanded significantly. At the international, EC, and national level proposals for onerous strict environmental liability regimes are pending. The `polluter pays principle', which is an articulation of the `cost internalization' theory in the environmental area, is believed to justify such liability regimes. Applying an instrumental approach to legal instruments, Prof. Bergkamp aims to redefine the role of liability in the heavily regulated environmental area. He shows that liability for environmental harm is not justified by the polluter pays principle, is an uncertain and unreliable instrument for achieving prevention, results in an inefficient insurance scheme, and plays a dubious role in adjusting activity levels. Based on an analysis of the basic characteristics of alternative legal instruments, Prof. Bergkamp concludes that civil liability should play a more modest, limited role in an environmental law system dominated by public law. Where deterrence is not the objective, first party insurance, compensation funds, or other public law regimes should be preferred over liability rules. In addition to civil liability of private parties, Liability and Environment discusses State liability under international, EC, and national law. Under international law, breach of a primary obligation triggers a State's liability. Prof. Bergkamp argues that this rule should be applied also to liability of private parties. In the environmental area, a business' primary obligations are spelled out in detailed permit conditions, regulations, and statutes. According to Prof. Bergkamp, only if a primary obligation is breached, a private person should be liable for environmental harm. The system that Bergkamp advocates is an objective fault liability regime, in which public environmental law defines the standard of care for both government and industry. "In rebuilding our civil liability system, we should keep in mind that what is good for industry should be good for everyone (or it is not good for anyone), we should keep in mind that what is good for private parties should be good for the state (or it is not good for either). In rebuilding our civil liability system, the international law of State responsibility, which is unpolluted by risk spreading and activity level considerations, will guide us a long way." This book is aimed at advanced law students, academic scholars, and practitioners. In addition, it will be of interest to policy and legislative analysts, legislators, and government officials. Professor Bergkamp's book cannot be described as "solving" the problems of legal and regulatory control of environmental harm, whether within a nation or internationally. As suggested before, however, the very idea of a "solution" is illusory. All legal and regulatory regimes around the world are today and will remain for the future in a state of perpetually continuing development. The virtue of this fine book is that it moves the process of that development forward by a very substantial measure. from the Foreword by George L. Priest.
Author : C. J. Bastmeijer
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041120645
Total Pages : 546 pages
Book Rating : 4.0/5 (411 download)
Download or read book The Antarctic Environmental Protocol and Its Domestic Legal Implementation written by C. J. Bastmeijer and published by Kluwer Law International B.V.. This book was released on 2003-01-01 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt: A major step towards the comprehensive protection of the Antarctic environment is the adoption of the Protocol on Environmental Protection to the Antarctic Treaty in 1991. The Protocol entered into force in January 1998 and provides a comprehensive system of obligations and prohibitions addressing most types of activities in the region south of 60 degrees south latitude. However, because of the absence of undisputed sovereignty in Antarctica, the legal protection of the Antarctic environment depends on the collective efforts of the Contracting Parties to the Protocol. Have the Contracting Parties adequately incorporated the key provisions of the Protocol into their domestic legal systems? Will the complex of domestic legal systems of the Contracting Parties adequately ensure a 'comprehensive protection' of the 'natural reserve' of Antarctica, as specified by Article 2 of the Protocol? These questions are the subject of this book.
Author : Koen De Feyter
Publisher : Maklu
ISBN 13 : 9046604675
Total Pages : 500 pages
Book Rating : 4.0/5 (466 download)
Download or read book Handleiding volkenrecht written by Koen De Feyter and published by Maklu. This book was released on 2011 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Richard Macrory
Publisher : Europa Law Publishing
ISBN 13 : 9789076871264
Total Pages : 272 pages
Book Rating : 4.8/5 (712 download)
Download or read book Principles of European Environmental Law written by Richard Macrory and published by Europa Law Publishing. This book was released on 2004 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: The precautionary principle, the polluters pay principle, and similar principles have become embedded in the language of contemporary environment policy. In this important new study, leading European experts in environmental law consider the legal significance of such environmental principles, both in jurisprudential theory and in practice before the courts. The development of the principles within the European Treaty is considered as well as the approach of the European Court of Justice to their interpretation. But it is the interpretation of environmental principles in front of national courts within Europe that forms the heart of the study, with chapters covering a number of the key Europe jurisdictions. The study, the first of its kind, presents a dynamic picture of environmental case law across Europe.
Author : Martin Jänicke
Publisher : Springer Science & Business Media
ISBN 13 : 3642605079
Total Pages : 324 pages
Book Rating : 4.6/5 (426 download)
Download or read book National Environmental Policies written by Martin Jänicke and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a collection of systematically prepared case studies describing the environmental policy ofthirteen countriesin terms ofcapacity-building. Capacity for environmental policy and management, as the concept is used in this volume, has been defined broadly as a society's "ability (...) to devise and implement solutions to environmental issues as part of a wider effort to achieve sustainable development" (OECD). Since the late 1960s capacity-building in environmental policy and management can be observed across the world. It may have made insufficient progress as yet from an environmentalist point of view, but it has produced some remarkable results, and not only in the industrialised world. In the first chapter we present the conceptual framework that underlies the national case studies. In the course ofour research project the authors ofthe book met together twice to discuss this framework in the light of the national experi ences and to harmonise their approaches. In this way we have tried to offer more than a collection of individual and incoherent case studies, focusing only on specific environmental problems, institutions, actors, or instruments. The idea behind this book is to give a systematic, comparative overview ofthe fundamental conditions under which environmental policies is practised in selected countries.
Author : Eric W. Orts
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041198210
Total Pages : 466 pages
Book Rating : 4.0/5 (411 download)
Download or read book Environmental Contracts:Comparative Approaches to Regulatory Innovation in the United States and Europe written by Eric W. Orts and published by Kluwer Law International B.V.. This book was released on 2001-03-20 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: Environmental regulation has come of age in recent decades as the blunt methods of command-and-control have been subjected to trenchant criticism from both economists and lawyers in the United States and Europe. As a result of this intellectual development, as well as continuing and increasing severity of environmental problems, there is a need for fresh thinking about regulatory methods that are rational from both economic and legal points of view. This book focuses on the viability of one particular regulatory innovation--the use of agreements or contracts for environmental regulation--as it has been practised in the United States and Europe. The various contributions explore the general idea that certain kinds of environmental problems may best be addressed through contracts among interested parties, including representatives of various levels of government, business, local community and employment representatives, and public interest groups. The parties get together to discuss a particular problem and then agree to an agreement or contract designed to address key issues and interests. At least in some situations, this approach may yield greater flexibility, stronger commitment, and more creative outcomes than traditional command-and-control regulation. Experiments in the use of environmental contracts have begun on both sides of the Atlantic, a fact which makes the comparative study offered here especially timely and valuable.
Author : W. Dubbink
Publisher : Springer Science & Business Media
ISBN 13 : 9401707979
Total Pages : 256 pages
Book Rating : 4.4/5 (17 download)
Download or read book Assisting the Invisible Hand written by W. Dubbink and published by Springer Science & Business Media. This book was released on 2013-03-09 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is an investigation into contemporary thinking on controlling the market, especially with regard to the problem of dealing with environmental issues. The book contributes to contemporary insight by arguing that the issue of market control must be addressed in terms of the relations between state, market and civil society. It stresses the normative dimensions of the market control issue. The position adopted by the book is that the market cannot be controlled by the state alone.
Author : Judith M. van Dijk
Publisher : Eburon Uitgeverij B.V.
ISBN 13 : 9059722426
Total Pages : 342 pages
Book Rating : 4.0/5 (597 download)
Download or read book Water and Environment in Decision-making written by Judith M. van Dijk and published by Eburon Uitgeverij B.V.. This book was released on 2008 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Lorenzo Squintani
Publisher : Cambridge University Press
ISBN 13 : 1108481000
Total Pages : 299 pages
Book Rating : 4.1/5 (84 download)
Download or read book Beyond Minimum Harmonisation written by Lorenzo Squintani and published by Cambridge University Press. This book was released on 2019-05-23 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explains the functioning of shared competences in environmental protection by focusing on member states' interaction with the EU framework. By studying this interaction, Squintani reveals room for improving the level of environmental protection, legal certainty, and efficiency of the system for environmental protection envisaged under the EU Treaties. Accordingly, this book makes a contribution to EU environmental law and policy, but also should be of interest to constitutional lawyers more generally and to scholars working in any field of EU policy and law in which minimum harmonisation is used. Thanks to its focus and clear, accessible prose, this book is also valuable additional reading material for environmental law courses, and to those involved in decision-making in the EU.
Author : Gerhard Wagner
Publisher : Taylor & Francis
ISBN 13 : 9783211244821
Total Pages : 376 pages
Book Rating : 4.2/5 (448 download)
Download or read book Tort Law and Liability Insurance written by Gerhard Wagner and published by Taylor & Francis. This book was released on 2005-10-27 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: With contributions by numerous experts
Author : Eva Storskrubb
Publisher : Springer Nature
ISBN 13 : 3031385101
Total Pages : 349 pages
Book Rating : 4.0/5 (313 download)
Download or read book YSEC Yearbook of Socio-Economic Constitutions 2022 written by Eva Storskrubb and published by Springer Nature. This book was released on 2023-11-13 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: Funding of justice has significant consequences for the enforcement of rights and impacts directly on access to justice and the right to a fair trial as constitutional rights. Access to justice in turn essentially impacts on the effective enjoyment of any other constitutional right, since having the actual means to access a court in case of a potential breach strengthens that right. Public funding, such as legal aid, has come under pressure due to the reality of financial austerity measures and the tightening public budgets in many countries. This has contributed to privatization and marketisation of funding in ever more jurisdictions. Private forms of funding include inter alia litigation insurance, third-party litigation finance and crowdfunding, as well as different forms of assigning or selling claims. As public funding is in decline and as market liberalization in the field of justice increases, crucial questions related to the rule of law, access to justice and social and economic development, in the intersection between states, citizens and business are raised. For example, potential questions of conflict of interest and how to ensure a basic level of equality of access to funding, whilst at the same time protecting market freedom. Some of the contributions in the volume deal with the consequences of privatization of funding of justice on access to justice from a general, principled and theoretical perspective. Other contributions deal with specific regulatory developments or issues at the EU level, alternatively at the local level in specific jurisdictions. Further contributions deal with crucial issues of funding of justice in environmental matters, that are increasingly relevant and topical in practice.
Author : OECD
Publisher : OECD Publishing
ISBN 13 : 9264102914
Total Pages : 259 pages
Book Rating : 4.2/5 (641 download)
Download or read book Policy Issues in Insurance Insurance and Expanding Systemic Risks written by OECD and published by OECD Publishing. This book was released on 2003-07-28 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume contains an in-depth analysis of the assessment, management and compensation of the so-called "expanding systemic risks", to which market players and insurers are exposed.
Author :
Publisher : Maklu
ISBN 13 : 9046607755
Total Pages : 552 pages
Book Rating : 4.0/5 (466 download)
Download or read book Handleiding Volkenrecht written by and published by Maklu. This book was released on 2015 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt: Deze Handleiding Volkenrecht is gemaakt voor studenten die een inleidende cursus in het Volkenrecht op bachelorniveau volgen. Het boek benadert het Volkenrecht vanuit het perspectief van de internationale verhoudingen. Centraal staat de vraag of het recht een bijdrage kan leveren tot het oplossen van problemen die zich op wereldvlak stellen. Er is gekozen voor de Engelstalige versie van de bronnen.
Author : Laura Pineschi
Publisher : BRILL
ISBN 13 : 9004481699
Total Pages : 616 pages
Book Rating : 4.0/5 (44 download)
Download or read book The Law of the Sea written by Laura Pineschi and published by BRILL. This book was released on 2021-09-27 with total page 616 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United Nations Convention on the Law of the Sea of 10 December 1982 entered into force on 16 November 1994. Since this date a single binding instrument has regulated the rights and duties of States at sea and regarding the sea. New concepts, such as the exclusive economic zone, archipelagic waters, transit passage through straits, and the International Seabed Area, are now fully recognized. The fifteen member States of the European Union are a significant sample for analyzing the practice of States, or at least that of the Western industrialized States, as regards the law of the sea. They include major and small maritime powers, coastal and land-locked States, States with coasts on the Atlantic Ocean and States with coasts on semi-enclosed seas such as the Baltic and the Mediterranean, States with and without involvement in deep seabed mining and States with different interests as regards fisheries. The fact that they all belong to the European Union is a very important common feature, which amply justifies the choice made to study them together. The book's aim is to give, through essays prepared by well-known specialists, a detailed survey of the attitudes and practice concerning the law of the sea of the member States of the European Union and of the European Community as such. The common positions of the member States and the results of their coordinated action also emerge from these essays. The fact that the member States and the European Community are now actively engaged in the process of becoming parties to the Law of the Sea Convention is certainly a major contribution to the consolidation of the Convention as a universal instrument, or at least as an instrument widely ratified by States of all continents and economic and political interests.
