Elisa Morgera
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199558018
- eISBN:
- 9780191705311
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199558018.001.0001
- Subject:
- Law, Public International Law, Environmental and Energy Law
This book examines the highly topical question of the current and future role of international environmental law in directing and controlling the environmental conduct of business enterprises, in ...
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This book examines the highly topical question of the current and future role of international environmental law in directing and controlling the environmental conduct of business enterprises, in particular multinational corporations. It replies to this question through the identification of corporate accountability standards and their implementation by international organizations. The book examines systematically all international sources of corporate accountability standards in the specific area of environmental protection and elaborates on their theoretical and practical implications for international environmental law. The book argues that although international environmental treaties do not bind multinational corporations and other business entities, growing international practice points to the emergence of legal standards that allow adapting and translating inter-State obligations embodied in international environmental law into specific normative benchmarks to determine the legitimacy of the conduct of the private sector against internationally recognized values and rules. The book also focuses on the role of international organizations in selecting international environmental standards and promote their application to business entities, in the absence of State intervention. The book analyses the growing practice of international organizations, which are driving a process of emergence of international standards for corporate environmental accountability. Furthermore, the impact of international organizations' direct relations with the private sector is also assessed, as it significantly contributes to ensuring that private companies comply with international environmental standards.Less
This book examines the highly topical question of the current and future role of international environmental law in directing and controlling the environmental conduct of business enterprises, in particular multinational corporations. It replies to this question through the identification of corporate accountability standards and their implementation by international organizations. The book examines systematically all international sources of corporate accountability standards in the specific area of environmental protection and elaborates on their theoretical and practical implications for international environmental law. The book argues that although international environmental treaties do not bind multinational corporations and other business entities, growing international practice points to the emergence of legal standards that allow adapting and translating inter-State obligations embodied in international environmental law into specific normative benchmarks to determine the legitimacy of the conduct of the private sector against internationally recognized values and rules. The book also focuses on the role of international organizations in selecting international environmental standards and promote their application to business entities, in the absence of State intervention. The book analyses the growing practice of international organizations, which are driving a process of emergence of international standards for corporate environmental accountability. Furthermore, the impact of international organizations' direct relations with the private sector is also assessed, as it significantly contributes to ensuring that private companies comply with international environmental standards.
Joanne Scott (ed.)
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199565177
- eISBN:
- 9780191705359
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199565177.001.0001
- Subject:
- Law, EU Law, Environmental and Energy Law
The EU has emerged as a major source of innovation in environmental governance. This is manifested through the frameworks it is putting in place for environmental governance, and through its position ...
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The EU has emerged as a major source of innovation in environmental governance. This is manifested through the frameworks it is putting in place for environmental governance, and through its position on the world stage for international environmental law. An institutional richness has developed which is sometimes daunting in its complexity but which offers much promise for the future. This book seeks to give a taste of this, and of the challenges which face the EU in its sustainable development phase. The book opens with a broad historical overview of the evolution of EU environmental governance. This discussion characterizes the most recent phase as that of sustainable development, in which the political dynamic is one of destabilization and the preferred instrument of decision-making, the reflexive framework directive. There follows a series of case studies, ranging from the general to the particular, that cover both the internal and external aspects of EU policy. These include recent key issues in EU environmental law and governance, such as the water framework directive, the new chemicals regime (REACH), and European responses to the challenge of climate change. These case studies engage with key issues in environmental law and governance, including environmental justice, the relationship between trade and environment, and participation in environmental decision-making.Less
The EU has emerged as a major source of innovation in environmental governance. This is manifested through the frameworks it is putting in place for environmental governance, and through its position on the world stage for international environmental law. An institutional richness has developed which is sometimes daunting in its complexity but which offers much promise for the future. This book seeks to give a taste of this, and of the challenges which face the EU in its sustainable development phase. The book opens with a broad historical overview of the evolution of EU environmental governance. This discussion characterizes the most recent phase as that of sustainable development, in which the political dynamic is one of destabilization and the preferred instrument of decision-making, the reflexive framework directive. There follows a series of case studies, ranging from the general to the particular, that cover both the internal and external aspects of EU policy. These include recent key issues in EU environmental law and governance, such as the water framework directive, the new chemicals regime (REACH), and European responses to the challenge of climate change. These case studies engage with key issues in environmental law and governance, including environmental justice, the relationship between trade and environment, and participation in environmental decision-making.
Pål Wennerås
- Published in print:
- 2007
- Published Online:
- January 2009
- ISBN:
- 9780199229017
- eISBN:
- 9780191711268
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199229017.001.0001
- Subject:
- Law, EU Law, Environmental and Energy Law
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 ...
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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 does not normally 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. This book explores and challenges this assumption. Drawing from constitutional aspects of EC law, the book 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 book explores the potential of enforcement of environmental law through lawsuits 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.Less
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 does not normally 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. This book explores and challenges this assumption. Drawing from constitutional aspects of EC law, the book 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 book explores the potential of enforcement of environmental law through lawsuits 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.
David C. Kocher
- Published in print:
- 2008
- Published Online:
- September 2008
- ISBN:
- 9780195127270
- eISBN:
- 9780199869121
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195127270.003.0015
- Subject:
- Biology, Ecology, Biochemistry / Molecular Biology
This chapter discusses laws, regulations, and guidance for controlling exposures of the public to radionuclides in the environment. Topics discussed include the principal laws in the United States ...
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This chapter discusses laws, regulations, and guidance for controlling exposures of the public to radionuclides in the environment. Topics discussed include the principal laws in the United States that provide the authority for regulation of various sources or practices, regulations, and other guidance to control routine and accidental exposures to radionuclides in the environment that have been developed by federal agencies and the states, and recommendations on radiation protection of the public by national and international advisory groups. Discussions in this chapter emphasize similarities and differences in approaches to regulating exposures of the public to radionuclides and hazardous chemicals, limits on lifetime cancer risk that are embodied in laws and regulations for radionuclides, and the primary importance of the principle that exposures should be maintained as low as reasonably achievable (ALARA) in determining risks to the public from exposure to radionuclides and hazardous chemicals.Less
This chapter discusses laws, regulations, and guidance for controlling exposures of the public to radionuclides in the environment. Topics discussed include the principal laws in the United States that provide the authority for regulation of various sources or practices, regulations, and other guidance to control routine and accidental exposures to radionuclides in the environment that have been developed by federal agencies and the states, and recommendations on radiation protection of the public by national and international advisory groups. Discussions in this chapter emphasize similarities and differences in approaches to regulating exposures of the public to radionuclides and hazardous chemicals, limits on lifetime cancer risk that are embodied in laws and regulations for radionuclides, and the primary importance of the principle that exposures should be maintained as low as reasonably achievable (ALARA) in determining risks to the public from exposure to radionuclides and hazardous chemicals.
Beate Sjåfjell
- Published in print:
- 2011
- Published Online:
- January 2013
- ISBN:
- 9780197264911
- eISBN:
- 9780191754098
- Item type:
- chapter
- Publisher:
- British Academy
- DOI:
- 10.5871/bacad/9780197264911.003.0009
- Subject:
- Economics and Finance, Development, Growth, and Environmental
This chapter focuses on the neglected environmental dimension of sustainable development. It argues that ecological sustainable development as the new law is not only supported by normative necessity ...
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This chapter focuses on the neglected environmental dimension of sustainable development. It argues that ecological sustainable development as the new law is not only supported by normative necessity but also has a legal basis in the law of the European Union. The political and bureaucratic will to carry through the necessary practical implementation is, however, lacking. This does not affect the validity of the legal basis or that of the obligations flowing from the legal basis. Rather, it indicates a need to keep repeating the message until it gets through. The chapter outlines the legal basis and its implications for the prioritisation between the three dimensions in EU law. It concludes with some reflections on the possible contribution of labour to the necessary transition to sustainable societies.Less
This chapter focuses on the neglected environmental dimension of sustainable development. It argues that ecological sustainable development as the new law is not only supported by normative necessity but also has a legal basis in the law of the European Union. The political and bureaucratic will to carry through the necessary practical implementation is, however, lacking. This does not affect the validity of the legal basis or that of the obligations flowing from the legal basis. Rather, it indicates a need to keep repeating the message until it gets through. The chapter outlines the legal basis and its implications for the prioritisation between the three dimensions in EU law. It concludes with some reflections on the possible contribution of labour to the necessary transition to sustainable societies.
Pål Wennerås
- Published in print:
- 2007
- Published Online:
- January 2009
- ISBN:
- 9780199229017
- eISBN:
- 9780191711268
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199229017.003.0003
- Subject:
- Law, EU Law, Environmental and Energy Law
This chapter analyzes the extent to which the ECJ's case law, the Aarhus Convention, and secondary Community legislation, ensure effective judicial enforcement of EC environmental law in national ...
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This chapter analyzes the extent to which the ECJ's case law, the Aarhus Convention, and secondary Community legislation, ensure effective judicial enforcement of EC environmental law in national courts. The chapter is organized as follows. Section 2 provides a general analysis of the principles arising from the ECJ's case law on procedures and remedies with a view to determining their relevance for the enforcement of EC environmental law. Section 3 introduces the Aarhus Convention and the secondary legislation implementing the Aarhus Convention. This section also analyzes the relations between the judicial protection guarantees that follow from the EC's case law, and the requirements embodied in the legislation implementing the Aarhus Convention. In light of these findings, the subsequent sections examine the requirements Community law places on Member States as regards the distinct elements that make out the anatomy of access to justice in environmental matters.Less
This chapter analyzes the extent to which the ECJ's case law, the Aarhus Convention, and secondary Community legislation, ensure effective judicial enforcement of EC environmental law in national courts. The chapter is organized as follows. Section 2 provides a general analysis of the principles arising from the ECJ's case law on procedures and remedies with a view to determining their relevance for the enforcement of EC environmental law. Section 3 introduces the Aarhus Convention and the secondary legislation implementing the Aarhus Convention. This section also analyzes the relations between the judicial protection guarantees that follow from the EC's case law, and the requirements embodied in the legislation implementing the Aarhus Convention. In light of these findings, the subsequent sections examine the requirements Community law places on Member States as regards the distinct elements that make out the anatomy of access to justice in environmental matters.
Cinnamon Piñon Carlarne
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780199553419
- eISBN:
- 9780191594984
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199553419.003.0002
- Subject:
- Law, Environmental and Energy Law, Private International Law
This chapter provides an overview of how the US political system functions, focusing on the role of federalism in shaping policy-making. It reviews the history of environmental policymaking in the US ...
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This chapter provides an overview of how the US political system functions, focusing on the role of federalism in shaping policy-making. It reviews the history of environmental policymaking in the US and explores how climate change policymaking reveals a significant shift in the role and relationship between sub-federal and federal governmental entities in environmental law and policymaking. It seeks to provide an inclusive review of US federal climate change policies, beginning with the White House climate change strategy promoted by President Bush before exploring more recent efforts to overhaul the federal approach to climate change. It also endeavours to shed led light on how shifting federal climate change strategies influence domestic engagement in global climate change politics.Less
This chapter provides an overview of how the US political system functions, focusing on the role of federalism in shaping policy-making. It reviews the history of environmental policymaking in the US and explores how climate change policymaking reveals a significant shift in the role and relationship between sub-federal and federal governmental entities in environmental law and policymaking. It seeks to provide an inclusive review of US federal climate change policies, beginning with the White House climate change strategy promoted by President Bush before exploring more recent efforts to overhaul the federal approach to climate change. It also endeavours to shed led light on how shifting federal climate change strategies influence domestic engagement in global climate change politics.
JANE HOLDER
- Published in print:
- 2006
- Published Online:
- January 2010
- ISBN:
- 9780199207589
- eISBN:
- 9780191714573
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199207589.003.0002
- Subject:
- Law, Environmental and Energy Law
Integration, precaution, participation, prevention, proceduralization, and sustainability are the bywords of environmental law that have recently been attributed to environmental assessment. This ...
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Integration, precaution, participation, prevention, proceduralization, and sustainability are the bywords of environmental law that have recently been attributed to environmental assessment. This chapter gives an account of the evolution of environmental assessment within the overall development of environmental law, particularly as a means of giving effect to the concept of sustainable development. The focus is upon the development of environmental impact assessment in the UK, which has been strongly influenced by the EC model of assessment contained in the EIA Directive.Less
Integration, precaution, participation, prevention, proceduralization, and sustainability are the bywords of environmental law that have recently been attributed to environmental assessment. This chapter gives an account of the evolution of environmental assessment within the overall development of environmental law, particularly as a means of giving effect to the concept of sustainable development. The focus is upon the development of environmental impact assessment in the UK, which has been strongly influenced by the EC model of assessment contained in the EIA Directive.
Paul A. Locke, Henry Falk, Christopher S. Kochtitzky, and Christine P. Bump
- Published in print:
- 2007
- Published Online:
- September 2009
- ISBN:
- 9780195301489
- eISBN:
- 9780199863822
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195301489.003.0020
- Subject:
- Public Health and Epidemiology, Public Health, Epidemiology
This chapter provides a context for the practice of environmental health law. Public health law practitioners in the field of environmental health are faced with a complex legal landscape. ...
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This chapter provides a context for the practice of environmental health law. Public health law practitioners in the field of environmental health are faced with a complex legal landscape. Environmental health law spans portions of both the field of environmental protection and public health law. Public health laws traditionally have provided noncoercive authorities to state, local, and federal agencies and are useful in building an evidence base for change and fostering partnerships for cooperative ventures. In contrast, environmental protection laws are media-based and provide strong coercive authorities to federal and state agencies pursuing environmental health improvement. Attorneys pursuing environmental health improvement efforts have at their disposal a broad and extensive set of legal tools that, when deployed appropriately, are adaptable to address most of today's environmental health problems.Less
This chapter provides a context for the practice of environmental health law. Public health law practitioners in the field of environmental health are faced with a complex legal landscape. Environmental health law spans portions of both the field of environmental protection and public health law. Public health laws traditionally have provided noncoercive authorities to state, local, and federal agencies and are useful in building an evidence base for change and fostering partnerships for cooperative ventures. In contrast, environmental protection laws are media-based and provide strong coercive authorities to federal and state agencies pursuing environmental health improvement. Attorneys pursuing environmental health improvement efforts have at their disposal a broad and extensive set of legal tools that, when deployed appropriately, are adaptable to address most of today's environmental health problems.
Pål Wennerås
- Published in print:
- 2007
- Published Online:
- January 2009
- ISBN:
- 9780199229017
- eISBN:
- 9780191711268
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199229017.003.0006
- Subject:
- Law, EU Law, Environmental and Energy Law
The Commission plays a significant role in enforcing EC environmental law, yet the number of cases it brings does not necessarily prove that this enforcement is correspondingly effective. On the ...
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The Commission plays a significant role in enforcing EC environmental law, yet the number of cases it brings does not necessarily prove that this enforcement is correspondingly effective. On the contrary, the repetitive nature of infringement proceedings implies that it is not effective, and that it lacks deterrent effect. This hypothesis is examined, starting with the Commission's monitoring powers and the anatomy of infringement proceedings. The chapter then analyzes the effectiveness of Article 226 EC proceedings in light of new developments in the case law, and the recent invigoration of Article 228 EC. It also covers the administrative and political factors that influence its operation in practice. The rights of private parties in infringement proceedings are assessed, because many of the Commission's actions are instigated after individual complaints. It then compares the Commission's vigilance to ensure compliance with environmental law by Community institutions and its policy vis-à-vis Member States. Finally, it looks at the complementary role of private enforcement.Less
The Commission plays a significant role in enforcing EC environmental law, yet the number of cases it brings does not necessarily prove that this enforcement is correspondingly effective. On the contrary, the repetitive nature of infringement proceedings implies that it is not effective, and that it lacks deterrent effect. This hypothesis is examined, starting with the Commission's monitoring powers and the anatomy of infringement proceedings. The chapter then analyzes the effectiveness of Article 226 EC proceedings in light of new developments in the case law, and the recent invigoration of Article 228 EC. It also covers the administrative and political factors that influence its operation in practice. The rights of private parties in infringement proceedings are assessed, because many of the Commission's actions are instigated after individual complaints. It then compares the Commission's vigilance to ensure compliance with environmental law by Community institutions and its policy vis-à-vis Member States. Finally, it looks at the complementary role of private enforcement.
Nicolas de Sadeleer
- Published in print:
- 2002
- Published Online:
- January 2010
- ISBN:
- 9780199254743
- eISBN:
- 9780191719851
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199254743.001.0001
- Subject:
- Law, Environmental and Energy Law
This book traces the evolution of environmental principles from their origins as vague political slogans reflecting fears about environmental hazards to their embodiment in enforceable laws. Since ...
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This book traces the evolution of environmental principles from their origins as vague political slogans reflecting fears about environmental hazards to their embodiment in enforceable laws. Since the early 1970s environmental issues have taken on an ever increasing profile. This has been due in part to a fundamental change in the type and scale of risk posed by industry. Issues such as global warming, GM food, and mad cow disease typify the new kinds of risk: potentially catastrophic consequences could ensue yet there is no scientific agreement over their precise causation, duration and other concerns. Environmental law has always responded to risks posed by industrial society but the new generation of risks have required a new set of environmental principles, emerging from a combination of public fears, science, ethics and established legal practice. This book shows how three of the most important principles of modern environmental law grew out of this new age of ecological risk: the polluter-pays principle, the preventive principle and the precautionary principle. The author examines the legal force of these principles and in the process offers a novel theory of norm formation in environmental law by unearthing new grounds of legality, comparing environmental laws across Europe, the Unites States and Australia. The book will be of interest to all with an interest in environmental law and policy, in the relationship between law and science, and in the ways in which political and ethical values can become embodied in laws.Less
This book traces the evolution of environmental principles from their origins as vague political slogans reflecting fears about environmental hazards to their embodiment in enforceable laws. Since the early 1970s environmental issues have taken on an ever increasing profile. This has been due in part to a fundamental change in the type and scale of risk posed by industry. Issues such as global warming, GM food, and mad cow disease typify the new kinds of risk: potentially catastrophic consequences could ensue yet there is no scientific agreement over their precise causation, duration and other concerns. Environmental law has always responded to risks posed by industrial society but the new generation of risks have required a new set of environmental principles, emerging from a combination of public fears, science, ethics and established legal practice. This book shows how three of the most important principles of modern environmental law grew out of this new age of ecological risk: the polluter-pays principle, the preventive principle and the precautionary principle. The author examines the legal force of these principles and in the process offers a novel theory of norm formation in environmental law by unearthing new grounds of legality, comparing environmental laws across Europe, the Unites States and Australia. The book will be of interest to all with an interest in environmental law and policy, in the relationship between law and science, and in the ways in which political and ethical values can become embodied in laws.
Douglas A. Kysar
- Published in print:
- 2010
- Published Online:
- October 2013
- ISBN:
- 9780300120011
- eISBN:
- 9780300163308
- Item type:
- book
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300120011.001.0001
- Subject:
- Political Science, Environmental Politics
Drawing insight from a diverse array of sources—including moral philosophy, political theory, cognitive psychology, ecology, and science and technology studies—this book offers a new theoretical ...
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Drawing insight from a diverse array of sources—including moral philosophy, political theory, cognitive psychology, ecology, and science and technology studies—this book offers a new theoretical basis for understanding environmental law and policy. The book exposes a critical flaw in the dominant policy paradigm of risk assessment and cost-benefit analysis, which asks policymakers to, in essence, “regulate from nowhere.” It shows that such an objectivist stance fails to adequately motivate ethical engagement with the most pressing and challenging aspects of environmental law and policy, which concern how we relate to future generations, foreign nations, and other forms of life. Indeed, world governments struggle to address climate change and other pressing environmental issues in large part because dominant methods of policy analysis obscure the central reasons for acting to ensure environmental sustainability. To compensate for these shortcomings, the book first offers a novel defense of the precautionary principle and other commonly misunderstood features of environmental law and policy. It then concludes by advocating a movement toward environmental constitutionalism in which the ability of life to flourish is always regarded as a luxury we can afford.Less
Drawing insight from a diverse array of sources—including moral philosophy, political theory, cognitive psychology, ecology, and science and technology studies—this book offers a new theoretical basis for understanding environmental law and policy. The book exposes a critical flaw in the dominant policy paradigm of risk assessment and cost-benefit analysis, which asks policymakers to, in essence, “regulate from nowhere.” It shows that such an objectivist stance fails to adequately motivate ethical engagement with the most pressing and challenging aspects of environmental law and policy, which concern how we relate to future generations, foreign nations, and other forms of life. Indeed, world governments struggle to address climate change and other pressing environmental issues in large part because dominant methods of policy analysis obscure the central reasons for acting to ensure environmental sustainability. To compensate for these shortcomings, the book first offers a novel defense of the precautionary principle and other commonly misunderstood features of environmental law and policy. It then concludes by advocating a movement toward environmental constitutionalism in which the ability of life to flourish is always regarded as a luxury we can afford.
Pål Wennerås
- Published in print:
- 2007
- Published Online:
- January 2009
- ISBN:
- 9780199229017
- eISBN:
- 9780191711268
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199229017.003.0001
- Subject:
- Law, EU Law, Environmental and Energy Law
This introductory chapter begins with a discussion of the main problems of EC environmental law: the flawed and belated Member State transposition (of directives), as well as insufficient application ...
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This introductory chapter begins with a discussion of the main problems of EC environmental law: the flawed and belated Member State transposition (of directives), as well as insufficient application and enforcement of those rules. It explains how the concept of individual rights is understood in Community law. It then outlines the characteristic features of EC environmental law, in particular as concerns its status in the Treaty and the ECJ's role in its development.Less
This introductory chapter begins with a discussion of the main problems of EC environmental law: the flawed and belated Member State transposition (of directives), as well as insufficient application and enforcement of those rules. It explains how the concept of individual rights is understood in Community law. It then outlines the characteristic features of EC environmental law, in particular as concerns its status in the Treaty and the ECJ's role in its development.
Pål Wennerås
- Published in print:
- 2007
- Published Online:
- January 2009
- ISBN:
- 9780199229017
- eISBN:
- 9780191711268
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199229017.003.0004
- Subject:
- Law, EU Law, Environmental and Energy Law
This chapter examines the system of preliminary references with a view to determining its effectiveness for the purposes of environmental lawsuits. Preliminary references on the interpretation of ...
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This chapter examines the system of preliminary references with a view to determining its effectiveness for the purposes of environmental lawsuits. Preliminary references on the interpretation of Community acts, in particular environmental law, are often brought in the context of actions against national authorities for lacking or incorrect implementation. Article 234 EC complements the infringement procedure of Article 226 EC in some respects. Preliminary references on the validity of Community acts, on the other hand, complement the Article 230 EC procedure. In the first situation, procedural and remedial rules are mostly governed by national law, whilst in the second case, when EC acts are challenged, Community law regulates the rules on procedures and remedies to a larger extent. Following a brief introduction of the features which the two procedures have in common, the chapter addresses issues of interpretation, validity and sanctions.Less
This chapter examines the system of preliminary references with a view to determining its effectiveness for the purposes of environmental lawsuits. Preliminary references on the interpretation of Community acts, in particular environmental law, are often brought in the context of actions against national authorities for lacking or incorrect implementation. Article 234 EC complements the infringement procedure of Article 226 EC in some respects. Preliminary references on the validity of Community acts, on the other hand, complement the Article 230 EC procedure. In the first situation, procedural and remedial rules are mostly governed by national law, whilst in the second case, when EC acts are challenged, Community law regulates the rules on procedures and remedies to a larger extent. Following a brief introduction of the features which the two procedures have in common, the chapter addresses issues of interpretation, validity and sanctions.
Marie-Claire Cordonier Segger and Ashfaq Khalfan
- Published in print:
- 2004
- Published Online:
- March 2012
- ISBN:
- 9780199276707
- eISBN:
- 9780191699900
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199276707.003.0005
- Subject:
- Law, Environmental and Energy Law
International sustainable development law is found at the intersection of three principal fields of international law, each of which contribute to sustainable development. Since the call for a ...
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International sustainable development law is found at the intersection of three principal fields of international law, each of which contribute to sustainable development. Since the call for a clarified and strengthened relationship between international agreements in the field of environment and relevant social and economic agreements in Chapter 39 of Agenda 21, the areas of intersection between international economic law, international law related to social development, especially human rights, and international environmental law have been growing. The scope of potential conflicts between international norms represented in treaties is limited to certain circumstances. A true conflict occurs where there is overlap ratione materiae, personae and temporis between norms, and one constitutes, has led to, or may lead to, the breach of the other.Less
International sustainable development law is found at the intersection of three principal fields of international law, each of which contribute to sustainable development. Since the call for a clarified and strengthened relationship between international agreements in the field of environment and relevant social and economic agreements in Chapter 39 of Agenda 21, the areas of intersection between international economic law, international law related to social development, especially human rights, and international environmental law have been growing. The scope of potential conflicts between international norms represented in treaties is limited to certain circumstances. A true conflict occurs where there is overlap ratione materiae, personae and temporis between norms, and one constitutes, has led to, or may lead to, the breach of the other.
JosÉ Juan GonzÁlez MÁrquez
- Published in print:
- 2006
- Published Online:
- January 2010
- ISBN:
- 9780199299874
- eISBN:
- 9780191714931
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199299874.003.0018
- Subject:
- Law, Public International Law
This chapter has two main objectives: first is to clarify what reflexive law really means for environmental law and policy; and second to propose how this philosophy should be implemented to improve ...
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This chapter has two main objectives: first is to clarify what reflexive law really means for environmental law and policy; and second to propose how this philosophy should be implemented to improve the Mexican public approach to environmental protection. It also considers the place of economic instruments.Less
This chapter has two main objectives: first is to clarify what reflexive law really means for environmental law and policy; and second to propose how this philosophy should be implemented to improve the Mexican public approach to environmental protection. It also considers the place of economic instruments.
Pål Wennerås
- Published in print:
- 2007
- Published Online:
- January 2009
- ISBN:
- 9780199229017
- eISBN:
- 9780191711268
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199229017.003.0007
- Subject:
- Law, EU Law, Environmental and Energy Law
This chapter takes stock of the book's main findings and provides recommendations for the future enforcement of EC environmental law. Topics discussed include private enforcement against national ...
More
This chapter takes stock of the book's main findings and provides recommendations for the future enforcement of EC environmental law. Topics discussed include private enforcement against national authorities and private parties, private enforcement against Community institutions and bodies, and the Aarhus Convention.Less
This chapter takes stock of the book's main findings and provides recommendations for the future enforcement of EC environmental law. Topics discussed include private enforcement against national authorities and private parties, private enforcement against Community institutions and bodies, and the Aarhus Convention.
JANE HOLDER
- Published in print:
- 2006
- Published Online:
- January 2010
- ISBN:
- 9780199207589
- eISBN:
- 9780191714573
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199207589.003.0005
- Subject:
- Law, Environmental and Energy Law
The mainstreaming of environmental law within the European Union through environmental assessment, and other mechanisms such as the imposition of general duties upon the Community institutions, has ...
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The mainstreaming of environmental law within the European Union through environmental assessment, and other mechanisms such as the imposition of general duties upon the Community institutions, has led to important institutional changes. This chapter explores the element of environmental assessment requiring consideration of alternatives by analyzing the development of strategic environmental assessment within the European Commission. The consideration of alternatives offers a test for the claims of culture theories of environmental assessment, particularly that the process of conducting environmental assessment may encourage the inculcation of environmental values in an organization.Less
The mainstreaming of environmental law within the European Union through environmental assessment, and other mechanisms such as the imposition of general duties upon the Community institutions, has led to important institutional changes. This chapter explores the element of environmental assessment requiring consideration of alternatives by analyzing the development of strategic environmental assessment within the European Commission. The consideration of alternatives offers a test for the claims of culture theories of environmental assessment, particularly that the process of conducting environmental assessment may encourage the inculcation of environmental values in an organization.
JANE HOLDER
- Published in print:
- 2006
- Published Online:
- January 2010
- ISBN:
- 9780199207589
- eISBN:
- 9780191714573
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199207589.003.0008
- Subject:
- Law, Environmental and Energy Law
This concluding chapter elaborates a critical approach to environmental assessment based upon the illustrative case studies discussed previously in this book and analysis of relevant case law. The ...
More
This concluding chapter elaborates a critical approach to environmental assessment based upon the illustrative case studies discussed previously in this book and analysis of relevant case law. The approach relies upon a reinterpretation of environmental assessment as an exemplar of modern environmental governance strategies designed to proceduralize and democratize decision-making, and foster learning and shared responsibility for environmental protection. Within law, these strategies have been conceived as examples of reflexivity. However, rather than operating neutrally (as expected of reflexive mechanisms), environmental assessment procedures have in certain circumstances been used to express developmental interests or particular substantive outcomes, thus displaying some of the signs of ‘rematerialization’. The chapter reviews the implications of this conclusion for environmental law, and outlines several means by which the imbalance in favour of the developer in the provision and use of environmental information in the assessment process may be redressed.Less
This concluding chapter elaborates a critical approach to environmental assessment based upon the illustrative case studies discussed previously in this book and analysis of relevant case law. The approach relies upon a reinterpretation of environmental assessment as an exemplar of modern environmental governance strategies designed to proceduralize and democratize decision-making, and foster learning and shared responsibility for environmental protection. Within law, these strategies have been conceived as examples of reflexivity. However, rather than operating neutrally (as expected of reflexive mechanisms), environmental assessment procedures have in certain circumstances been used to express developmental interests or particular substantive outcomes, thus displaying some of the signs of ‘rematerialization’. The chapter reviews the implications of this conclusion for environmental law, and outlines several means by which the imbalance in favour of the developer in the provision and use of environmental information in the assessment process may be redressed.
Philippe Cullet
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780199546237
- eISBN:
- 9780191705519
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199546237.001.0001
- Subject:
- Law, Public International Law, Environmental and Energy Law
With the world's supply of fresh water looking increasingly threatened, water law has gained tremendous importance in the last few years. This subject has however received remarkably little academic ...
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With the world's supply of fresh water looking increasingly threatened, water law has gained tremendous importance in the last few years. This subject has however received remarkably little academic attention. This book examines water law reforms from a national and international perspective. It analyzes existing and evolving water law in its broader context, which includes the environmental, social, economic, and human rights aspects of water. This book focuses on water sector reforms, and more specifically water law reforms in India. India is perfectly placed for this analysis. On the one hand, its existing water law is characterized by the absence of a framework water legislation and its fragmented development on a sectoral basis through a variety of mechanisms, ranging from common law principles to statutes and judicial decisions. On the other hand, Indian water law is currently in the process of extensive reform. These reforms are based on the principles of water sector reforms rather than on a critical analysis of existing water law. This is further complicated by the fact that reforms are often linked to World Bank or Asian Development Projects or loans, which may come with law-related conditions attached. Ongoing water law reforms are on the whole based on a relatively narrow set of principles focusing on management concerns in the water sector. The conceptual framework that informs current water law reforms insufficiently addresses the human right, social, and environmental dimensions of water. A paradigm change is required in the conceptualization of water law reforms. This change needs to recognise water's vital role in poverty eradication and the realisation of a sustainable process of development. A series of alternative bases for reform based on human dignity, equity, and sustainability are thus proposed in this book.Less
With the world's supply of fresh water looking increasingly threatened, water law has gained tremendous importance in the last few years. This subject has however received remarkably little academic attention. This book examines water law reforms from a national and international perspective. It analyzes existing and evolving water law in its broader context, which includes the environmental, social, economic, and human rights aspects of water. This book focuses on water sector reforms, and more specifically water law reforms in India. India is perfectly placed for this analysis. On the one hand, its existing water law is characterized by the absence of a framework water legislation and its fragmented development on a sectoral basis through a variety of mechanisms, ranging from common law principles to statutes and judicial decisions. On the other hand, Indian water law is currently in the process of extensive reform. These reforms are based on the principles of water sector reforms rather than on a critical analysis of existing water law. This is further complicated by the fact that reforms are often linked to World Bank or Asian Development Projects or loans, which may come with law-related conditions attached. Ongoing water law reforms are on the whole based on a relatively narrow set of principles focusing on management concerns in the water sector. The conceptual framework that informs current water law reforms insufficiently addresses the human right, social, and environmental dimensions of water. A paradigm change is required in the conceptualization of water law reforms. This change needs to recognise water's vital role in poverty eradication and the realisation of a sustainable process of development. A series of alternative bases for reform based on human dignity, equity, and sustainability are thus proposed in this book.
