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Author: Richard Macrory
Publisher:
ISBN:
Category : Environmental law
Languages : en
Pages : 628
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Book Description
Author: Richard Macrory
Publisher: ISBS
ISBN: 9789076871509
Category : Law
Languages : en
Pages : 658
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Book Description
More than 30 years have passed since the first European Community environmental program was adopted in 1973, starting the work on what is now a vast body of Community law covering almost any aspect of environmental protection. This book assesses what has been achieved to date and what could be improved for the future. The inspiration for this book was a conference held in Bremen to mark the retirement of Ludwig Kramer from the European Commission. Dr. Kramer has been a key figure within the Commission from the earliest days of Community environmental law and policy. The current pressures of enlargement, economic downturns, and the debates over the proposed EU constitution may suggest that Community environmental policy is now at something of a crossroads. The book is a timely reminder of the very real achievements of Community environmental law to date-but equally it addresses critical questions concerning its future direction of development.
Author: Nicolas de Sadeleer
Publisher: Routledge
ISBN: 1136563229
Category : Political Science
Languages : en
Pages : 434
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Book Description
From fisheries to persistent organic pollutants to climate change itself, no other environmental principle in environmental law has produced as much controversy as the precautionary principle. Unlike a preventive approach in which action is taken provided that the threats to the environment are tangible, with a precautionary approach, authorities are prepared to tackle risks for which there is no definitive proof that the damage will materialize. The ramifications of this increasingly apparent approach are profound and cut across all areas of risk assessment and management, environmental law, policy and regulation in every major sector. However, to date little thought has been dedicated to the implementation of the precautionary principle in a wide array of environmental circumstances. This authoritative handbook addresses the legal aspects of how the precautionary principle is implemented in different sectors, and examines its successes, failures, strengths and weaknesses. Sectors and subjects covered include chemicals, GMOs, marine pollution, fisheries and nature conservation, and the book draws on cases in the EU, in the USA, and Nordic countries, where the use of precaution has been gathering momentum. Ultimately, the book provides an indispensable appraisal of the question - increasingly important in the era of human-induced climate change - of whether the precautionary principle is relevant, indeed essential, to avert major environmental and health risks, and how and when it can be used successfully. Published with MARIE CURIE ACTIONS
Author: J. H. Jans
Publisher:
ISBN: 9789089521057
Category : Adaptation (Biology)
Languages : en
Pages : 584
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Book Description
"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: Nicolas de Sadeleer
Publisher: OUP Oxford
ISBN: 0191663506
Category : Law
Languages : en
Pages : 556
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Book Description
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.
Author: Ludwig Krämer
Publisher: Bloomsbury Publishing
ISBN: 150996908X
Category : Law
Languages : en
Pages : 647
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Book Description
The new edition of this essential book details the present state of EU environmental law as it has developed over the last 50 years. The author was personally involved in its making and enforcement, having worked for more than 30 years in the environmental department of the European Commission. The book therefore provides unique insights into this complex field. The book discusses in detail governance and other horizontal issues, such as competence questions, the division of power between the EU and its Member States, the individual right to a clean environment, and the integration of environmental requirements into other EU policies such as energy, transport, agriculture, fisheries, trade, and tourism. New chapters elaborate on the relationship between UK and EU law after Brexit (written by Christopher Badger) and on the global effect of EU environmental law and policy. Other chapters deal with climate change, biodiversity, water protection, air and noise pollution, products, and waste. Implementation of EU law in the Member States and the prominent role of the EU Court of Justice with its more than 1,100 environmental judgments are discussed, as well as an overall assessment of EU law and policy in environmental matters and its perspectives to 2030 under the 8th EU environmental action programme. At a time of globalisation, the book is indispensable reading for students, researchers, and practising lawyers alike.
Author: Pål Wennerås
Publisher: Oxford University Press
ISBN: 0199229015
Category : Law
Languages : en
Pages : 366
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Book Description
This title presents an assessment of the principles governing the enforcement of environmental law within the EC legal system. It argues that the general case law on rights and remedies can be applied in environmental litigation, and maps out the legal justification for more effective enforcement through individual prosecution.
Author: Pieter Jan Kuijper
Publisher: Oxford University Press
ISBN: 019968247X
Category : Law
Languages : en
Pages : 1159
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Book Description
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.
Author: Eloise Scotford
Publisher: Bloomsbury Publishing
ISBN: 1782252894
Category : Law
Languages : en
Pages : 315
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Book Description
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.
Author: Marjan Peeters
Publisher: Edward Elgar Publishing
ISBN: 1781002789
Category : Science
Languages : en
Pages : 393
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Book Description
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.
Author: Ole W. Pedersen
Publisher: Cambridge University Press
ISBN: 1108626726
Category : Law
Languages : en
Pages : 255
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Book Description
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.
