The Enforcement of EC Environmental Law
The Enforcement of EC Environmental Law

Author: Pål Wennerås

Publisher: OUP Oxford

Published: 2007-08-16

Total Pages: 368

ISBN-13: 0191566527

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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 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.

Litigating for the Environment
Litigating for the Environment

Author: Reinhard Slepcevic

Publisher: Springer Science & Business Media

Published: 2010-11-09

Total Pages: 239

ISBN-13: 3531919997

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This book is the result of doctoral studies that I started in October 2004. At the outset, I only knew that I wanted to work on interest groups and litigation in the context of the European Union. At that time, I would not have believed that I would find myself some time later touring half Western Europe to interview environmental organisations, nor that I would read French, German and Dutch court rulings on the protection of endangered species whose names were completely unknown to me. Yet I never regretted my choice of topic, and hopefully the following chapters will convince the reader that it is indeed a topic that merits our attention. I would not have been able to cope with all the pitfalls of a long research project without the strong and enduring support of my friends and colleagues. Both personally and academically, I have profited enormously from my three years as a doctoral student at the department of political science at the Institute for Advanced Studies (Institut für Höhere Studien) in Vienna, Austria. I am very much indebted to Gerda Falkner, Oliver Treib, Sylvia Kritzinger and Irina Michalowitz for organising such a great programme which allowed me and my colleagues to engage in intensive discussions with outstanding academic scholars such as Alec Stone-Sweet, Paul Pierson, James Caporaso, Frank Schimmelfennig, Klaus Goetz, Andrea Lenschow, Katharina Holzinger and Hellen Wallace.

Strategic Environmental Assessment in International and European Law
Strategic Environmental Assessment in International and European Law

Author: Simon Marsden

Publisher: Routledge

Published: 2012-05-16

Total Pages: 348

ISBN-13: 1136556435

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Strategic environmental assessment (SEA) is a regulatory requirement for development across Europe, North America, Australasia and elsewhere, yet understanding the legal aspects is challenging. This comprehensive guide provides that understanding in a clear and straightforward way. The introduction considers SEA and the law, explaining what SEA is, why it is needed, how it works and why it is required, as well as examining the role of the law. Part One provides an overview of international law, environmental impact assessment (EIA) and international law, including treaties, customary international law and 'soft law' relevant to SEA. It analyses the Kiev SEA Protocol and related UNECE conventions, the Espoo Convention on EIA in a Transboundary Context and the Aarhus Convention on Access to Information, Public Participation and Access to Justice in Environmental Matters. It also analyses the role of SEA in conservation conventions. Part Two considers how the European legal system works, including an overview of the current status of European law. It examines the EIA Directive and SEA Directive together with other relevant directives and regulations, such as the Habitats and Wild Birds Directives, the Water Framework Directive, the Public Participation for Plans and Programmes Directive, and the Structural Funds Regulations. Finally the volume draws conclusions about the relationship and comparisons between international and European law generally, and in regulating SEA.

The Impact of Environmental Concerns on the Public Enforcement Mechanism Under EU Law
The Impact of Environmental Concerns on the Public Enforcement Mechanism Under EU Law

Author: Levente Borzsák

Publisher: Kluwer Law International B.V.

Published: 2011-01-01

Total Pages: 354

ISBN-13: 9041134085

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"The European Union, with only 7.5% of the world's population, is responsible for a major part of the contamination of the planet, and is a major contributor to the problems of the global environment. Fortunately, Europe has both the capacity and the experience to fight effectively against these problems, even in this 'twenty-fifth hour' of environmental degradation. This timely book identifies some of the weaknesses of the public enforcement mechanism inherent in Articles 258-260 TFEU, and suggests how that mechanism could be improved in order to promote the overall effectiveness of EU law and environmental law in particular"--Provided by publisher.

Documents in European Community Environmental Law
Documents in European Community Environmental Law

Author: Philippe Sands

Publisher: Cambridge University Press

Published: 2006-03-30

Total Pages: 901

ISBN-13: 1139450522

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This is the companion volume to the second edition of Philippe Sands' Principles of International Environmental Law and Sands and Galizzi's Documents in International Environmental Law. It comprises extracts from essential EC Treaties, Regulations, Directives, Decisions and other Acts of EC institutions. EC environmental legislation represents one of the most complex and challenging legal regimes for the protection of the environment. The significant body of legislation which now exists has given rise to numerous disputes over its application and interpretation. This collection brings together the principal documents in an accessible form, providing practitioners, scholars and students with the essentials necessary to understand, advise upon and apply this body of law. Concise editorial notes summarise the main provisions of the instruments reproduced and place them in their wider context.

Wolf and Stanley on Environmental Law
Wolf and Stanley on Environmental Law

Author: Susan Wolf

Publisher: Routledge

Published: 2013-10-23

Total Pages: 665

ISBN-13: 1134626177

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"Written with real clarity by authors teaching and researching in the field, Wolf and Stanley on Environmental Law offers an excellent starting point for both law and non-law students encountering this diverse and rapidly developing subject for the first time. The focus of the book is on the regulation and control of pollution and includes chapters on environmental permitting, waste management, air and water pollution and contaminated land. The book also includes the administration and enforcement of environmental law, EU environmental law, the environmental torts and the private regulation of environmental law. The book is supported by a range of learning features designed to help students: Consolidate your learning: Chapter learning objectives and detailed summaries clarify and highlight key points Understand how the law works in practice: 'Law in Action' features demonstrate the application of pollution control law Plan your research: Detailed end of chapter further reading sections outline articles, books and online resources that provide next steps for your research This sixth edition has been updated and revised to take into account recent developments in the subject, including coverage of the Environmental Permitting (England and Wales) Regulations 2010; developments in the Environment Agency enforcement and sanctions policy documents; updates relating to the defence of statutory authority in the tort of private nuisance; and current issue relating to compliance with the Aarhus Convention Suitable for students of environmental law and the wider environmental studies, Wolf and Stanley on Environmental Law is a valuable guide to this wide-ranging subject"--

Waste Management for the Food Industries
Waste Management for the Food Industries

Author: Ioannis S. Arvanitoyannis

Publisher: Academic Press

Published: 2010-07-28

Total Pages: 1096

ISBN-13: 0080554938

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The continuously increasing human population, has resulted in a huge demand for processed and packaged foods. As a result of this demand, large amounts of water, air, electricity and fuel are consumed on a daily basis for food processing, transportation and preservation purposes. Although not one of the most heavily polluting, the food industry does contribute to the increase in volume of waste produced as well as to the energy expended to do so. For the first time, nine separate food industry categories are thoroughly investigated in Waste Management for the Food Industries in an effort to help combat this already acute problem. The current state of environmental management systems is described, offering comparisons of global legislation rarely found in other resources. An extensive review of commercial equipment, including advantages and disadvantages per employed waste management technique, offers a unique perspective for any academic, student, professional, and/or consultant in the food, agriculture and environmental industries. - Thoroughly examines the most prevalent and most polluting industries such as Meat, Fish, Dairy, Olive Oil, Juice and Wine industries - Includes synoptical tables [methods employed, physicochemical or microbiological parameters altered after treatment etc] and comparative figures of the effectiveness of various waste management methods - Contains nearly 2500 of the most up-to-date references available