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Reflections On 30 Years Of Eu Environmental Law
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Book Synopsis Implementing the Precautionary Principle by : Nicolas de Sadeleer
Download or read book Implementing the Precautionary Principle written by Nicolas de Sadeleer and published by Routledge. This book was released on 2012-05-04 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Book Synopsis European Environmental Law by : J. H. Jans
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.
Book Synopsis EU Environmental Law and the Internal Market by : Nicolas de Sadeleer
Download or read book EU Environmental Law and the Internal Market written by Nicolas de Sadeleer and published by OUP Oxford. This book was released on 2014-01-09 with total page 2992 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Krämer’s EU Environmental Law by : Ludwig Krämer
Download or read book Krämer’s EU Environmental Law written by Ludwig Krämer and published by Bloomsbury Publishing. This book was released on 2024-05-30 with total page 647 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Enforcement of EC Environmental Law by : Pål Wennerås
Download or read book The Enforcement of EC Environmental Law written by Pål Wennerås and published by OUP Oxford. This book was released on 2007-08-16 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Law of EU External Relations by : Pieter Jan Kuijper
Download or read book The Law of EU External Relations written by Pieter Jan Kuijper and published by Oxford University Press. This book was released on 2013-09-05 with total page 1159 pages. Available in PDF, EPUB and Kindle. Book excerpt: The EU has established itself as a significant international legal actor. This volume brings together the key primary legal materials relating to the foreign relations powers of the EU and its practices, with editorial commentary. It is an ideal resource for students, scholars, and practitioners in the field.
Book Synopsis Environmental Principles and the Evolution of Environmental Law by : Eloise Scotford
Download or read book Environmental Principles and the Evolution of Environmental Law written by Eloise Scotford and published by Bloomsbury Publishing. This book was released on 2017-02-09 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: Environmental principles – from the polluter pays and precautionary principles to the principles of integration and sustainability – proliferate in domestic and international legal and policy discourse, reflecting key goals of environmental protection and sustainable development on which there is apparent political consensus. Environmental principles also have a high profile in environmental law, beyond their popularity as policy and political concepts, as ideas that might unify the subject and provide it with conceptual foundations or boost its delivery of environmental outcomes. However, environmental principles are elusive legal concepts. This book deepens the legal understanding of environmental principles in light of recent legal developments. It analyses the increasing legal effects of environmental principles in different jurisdictions and demonstrates how they are shaping and revealing innovative and evolving bodies of environmental law. This analysis is a step forward in understanding a key feature of modern environmental law and presents a robust methodology for dealing with novel legal concepts in the subject. It also makes a contribution to environmental policy debates and discussions internationally that rely heavily on environmental principles, including their supposed legal effects.
Book Synopsis Climate Law in EU Member States by : Marjan Peeters
Download or read book Climate Law in EU Member States written by Marjan Peeters and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: ÔThe book gives detailed discussions of essential EU climate law and presents profound national reports which cover the transposition of EU law and focus on national climate strategies, which are often complex and sometimes also ambitious. Comparative studies at the grassroots level are an important source of ideas and possibilities and also useful documentation both for researchers and political actors.Õ Ð Erkki Hollo, University of Helsinki, Finland ÔThis is an outstanding collection of essays by a multi-national team of leading scholars. It reminds us that in a system of multi-level governance, it is crucial to examine and appraise developments not only at the level of the European Union but also within the Member States. This task has become easier with the publication of this excellent book.Õ Ð Joanne Scott, University College London, UK The complex and multifaceted nature of EU climate legislation poses a major challenge for EU Member States. This timely book focuses on national climate action, addressing the regulatory responses required for the purposes of meeting greenhouse gas emissions reduction objectives for 2020 (and beyond). The book seeks to answer such questions as: what kind of legislative approaches should be developed to comply with EU climate law? What room for national discretion should remain? What opportunities exist to go beyond EU ambitions? In addition, distinguished authors analyse national regulatory developments across selected Member States, identifying potential areas for review and improvement. The book offers further discussion and legal analysis of core themes such as: long-term target setting; contrasting legislative approaches; instrument mixes; and key linkages between environmental and energy law. In light of the challenges confronting national legislators, this book offers important insights into the role and contribution of law towards improved climate protection, with potential lessons for countries both within and outside the EU. With this in mind, Climate Law in EU Member States will be a valuable read for policymakers and civil servants at national ministries and at the European Commission, carbon consultants and environmental non-governmental organisations, as well as for academics in and outside the EU.
Book Synopsis Perspectives on Environmental Law Scholarship by : Ole W. Pedersen
Download or read book Perspectives on Environmental Law Scholarship written by Ole W. Pedersen and published by Cambridge University Press. This book was released on 2018-11-08 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection invites environmental law scholars to reflect on what it means to be an environmental law scholar and to consider how and why environmental law scholars engage in environmental law scholarship. Leading environmental law scholars from different backgrounds and jurisdictions offer their personal reflections on the nature, form, quality and challenges of environmental law scholarship. The collection offers the first honest introspection on what environmental law scholarship is and is not. It considers the unique contributions of environmental law scholarship to legal scholarship more generally, reflecting on what sets environmental law scholarship apart from other disciplines of legal scholarship and the challenges arising from these differences.
Book Synopsis Environmental Protection, Law and Policy by : Jane Holder
Download or read book Environmental Protection, Law and Policy written by Jane Holder and published by Cambridge University Press. This book was released on 2007-07-19 with total page 773 pages. Available in PDF, EPUB and Kindle. Book excerpt: This 2007 book examines environmental law from a range of perspectives, emphasising the policy world from which environmental law is drawn and nourished. Those working within the discipline of environmental law need to engage with concepts and methods employed by disciplines other than law. The authors analyse the ways in which legal activities are supported and legitimated by work in traditional scientific or technical domains, as well as by certain more obscure but also influential cultural or philosophical assumptions. A range of regulatory techniques is explored in this book, through a close examination of both pollution control and land use. The highly complex nature of current environmental problems, demanding sophisticated and responsive legal controls, is illustrated by several in-depth case studies, including legal and policy analysis of the highly contested issues of genetically modified organisms and renewable energy projects.
Book Synopsis The Economic and Social Law of the European Union by : Josephine Shaw
Download or read book The Economic and Social Law of the European Union written by Josephine Shaw and published by Bloomsbury Publishing. This book was released on 2017-09-16 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title provides students with a clear, accessible and highly engaging analysis of substantive law of the EU in the most comprehensive text of its kind, as well as containing chapter summaries, questions, suggestions for further reading and annotated web addresses.
Book Synopsis European Union Law by : Catherine Barnard
Download or read book European Union Law written by Catherine Barnard and published by Oxford University Press, USA. This book was released on 2020 with total page 1026 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by experts, this innovative textbook offers students a relevant, case-focused account of EU law. Under the experienced editorship of Catherine Barnard and Steve Peers, the text draws together a range of perspectives on EU law designed to introduce students to the key debates and case law which shape this vast subject.
Book Synopsis Environmental Law and Governance for the Anthropocene by : Louis Kotzé
Download or read book Environmental Law and Governance for the Anthropocene written by Louis Kotzé and published by Bloomsbury Publishing. This book was released on 2017-06-15 with total page 587 pages. Available in PDF, EPUB and Kindle. Book excerpt: The era of eco-crises signified by the Anthropocene trope is marked by rapidly intensifying levels of complexity and unevenness, which collectively present unique regulatory challenges to environmental law and governance. This volume sets out to address the currently under-theorised legal and consequent governance challenges presented by the emergence of the Anthropocene as a possible new geological epoch. While the epoch has yet to be formally confirmed, the trope and discourse of the Anthropocene undoubtedly already confront law and governance scholars with a unique challenge concerning the need to question, and ultimately re-imagine, environmental law and governance interventions in the light of a new socio-ecological situation, the signs of which are increasingly apparent and urgent. This volume does not aspire to offer a univocal response to Anthropocene exigencies and phenomena. Any such attempt is, in any case, unlikely to do justice to the multiple implications and characteristics of Anthropocene forebodings. What it does is to invite an unrivalled group of leading law and governance scholars to reflect upon the Anthropocene and the implications of its discursive formation in an attempt to trace some initial, often radical, future-facing and imaginative implications for environmental law and governance.
Book Synopsis Strategic Environmental Assessment in International and European Law by : Simon Marsden
Download or read book Strategic Environmental Assessment in International and European Law written by Simon Marsden and published by Routledge. This book was released on 2012-05-16 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: Makes an important contribution to the literature on SEA by drawing on and integrating international and European jurisprudence and scholarship as well as the policy science literature on SEA and environmental assessment. The result is a rich analysis that provides environmental assessment professionals with an overview of the legal context in which assessments are carried out while also providing lawyers with valuable insights into the operation of SEA in policy formulation both within and beyond the state. Dr Neil Craik author of The International Law of Environmental Impact Assessment It.
Book Synopsis Effective Judicial Protection and the Environmental Impact Assessment Directive in Ireland by : Aine Ryall
Download or read book Effective Judicial Protection and the Environmental Impact Assessment Directive in Ireland written by Aine Ryall and published by Bloomsbury Publishing. This book was released on 2009-06-23 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Environmental Law Principles by : Nicolas de Sadeleer
Download or read book Environmental Law Principles written by Nicolas de Sadeleer and published by Oxford University Press, USA. This book was released on 2020-10-29 with total page 593 pages. Available in PDF, EPUB and Kindle. Book excerpt: With more states paying heed to environmental principles as catalysts for improving their environmental law, this book traces the evolution of environmental principles from their origins to their embodiment in enforceable laws. This edition will integrate to a greater extent the relationship between environmental principles and human rights.
Book Synopsis The Kyoto Protocol in the EU by : Leonardo Massai
Download or read book The Kyoto Protocol in the EU written by Leonardo Massai and published by Springer Science & Business Media. This book was released on 2011-05-04 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: The participation of the European Community and the Member States in the international climate change regimes is a complex issue. In the case of the Kyoto Protocol, this is rendered more complicated by the fact that for the purposes of Article 4 of the Kyoto Protocol, the membership of the European Community and Member States is frozen at a particular point in time. The result of this is that under International Law the European Community and a part of the Member States (EU15) have agreed to jointly fulfil some of those obligations whereas under Community Law all Member States share a certain degree of responsibility to meet the obligations created by the Kyoto Protocol. This book analyses in great detail the Kyoto Protocol and its obligations, as well as the discrepancies between International Law and Community Law in that regard. The book is a useful tool for academics, practitioners, consultants and all stakeholders operating in the field of environmental law and climate change. Leonardo Massai is a legal expert and lecturer in International and EU Environmental Law and Climate Change.
