'. . . this excellent edited collection assembled by Peeters and Deketelaere on the achievements of EU climate change policy is a very timely publication. They have brought together nineteen distinguished, mostly European scholars, on climate law and policy to provide an informative account of the flurry of initiatives.' - Benjamin J. Richardson, Maastricht Journal of European and Comparative Law
EU Environmental Law discusses the reality for legal practice throughout the EU, as environmental law of the Member States is becoming ever less 'national'. Consequentially European environmental regulation is becoming more complex and interrelated, making it an emerging field of study for European law graduates, and an area of increasing exposure to the legal profession. This book gives readers a thorough overview of core European environmental law, with a section on the basic framework and principles, as well as on substantive law issues giving insight into the legislation in the different sectors and the most topical developments.
Existing climate change governance regimes in the US and the EU contain complex mixtures of regulatory, market, voluntary, and research-based strategies. The EU has adopted an approach to climate change that is based on mandatory greenhouse gas emission reductions; it is grounded in 'hard' law measures and accompanied by 'soft' law measures at the regional and Member State level. In contrast, until recently, the US federal government has carefully avoided mandatory emission reduction obligations and focused instead on employing a variety of 'soft' measures to encourage - rather than mandate - greenhouse gas emission reductions in an economically sound, market-driven manner. These macro level differences are critical yet they mask equally important transatlantic policy convergences. The US and the EU are pivotal players in the development of the international climate change regime. How these two entities structure climate change laws and policies profoundly influences the shape and success of climate change laws and policies at multiple levels of governance. This book suggests that the overall structures and processes of climate change law and policy-making in the US and the EU are intricately linked to international policy-making and, thus, the long-term success of global efforts to address climate change. Accordingly, the book analyses the content and process of climate change law and policy-making in the US and the EU to reveal policy convergences and divergences, and to examine how these convergences and divergences impact the ability of the global community to structure a sustainable, effective and equitable long-term climate strategy.
This comprehensive Research Handbook discusses how the EU has used its regulatory power to steer towards environmentally friendly behaviour, delving into the deep concerns related to the compliance with and enforcement of EU environmental law. It also highlights the important role of civil society’s use of environmental procedural rights, and characterizes how the CJEU case law has contributed to the effective implementation of EU environmental legislation.
In recent years climate change has emerged as an issue of central political importance while the EU has become a major player in international climate change politics. How can a ‘leaderless Europe’ offer leadership in international climate change politics - even in the wake of the UK’s Brexit decision? This book, which has been written by leading experts, offers a critical analysis of the EU leadership role in international climate change politics. It focuses on the main EU institutions, core EU member states and central societal actors (businesses and environmental NGOs). It also contains an external perspective of the EU’s climate change leadership role with chapters on China, India and the USA as well as Norway. Four core themes addressed in the book are: leadership, multilevel and polycentric governance, policy instruments, and the green and low carbon economy. Fundamentally, it asks why we have EU institutional actors, why certain member states and particular societal actors tried to take on a leadership role in climate change politics and how, if at all, have they managed to achieve this? This text will be of key interest to scholars, students and practitioners in EU studies and politics, international relations, comparative politics and environmental politics.
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.
The relationship between environmentally sustainable development and company and business law has emerged in recent years as a matter of major concern for many scholars, policy-makers, businesses and nongovernmental organisations. This book offers a conceptual analysis of the principles of sustainable development and environmental integration in the EU legal system. It particularly focuses on Article 11 of the Treaty on the Functioning of the European Union (TFEU), which states that EU activities must integrate environmental protection requirements and emphasise the promotion of sustainable development. The book gives an overview of the role played by the environmental integration principle in EU law, both at the level of European legislation and at the level of Member State practice. Contributors to the volume identify and analyse the main legal issues related to the importance of Article 11 TFEU in various policy areas of EU law affecting European businesses, such as company law, insurance and state aid. In drawing together these strands the book sets out the requirements of environmental integration and examines its impact on the regulation of business in the EU. The book will be of great use and interest to students and researchers of business law, environment law, and EU law.
The European Union (EU) has emerged as a leading governing body in the international struggle to govern climate change. The transformation that has occurred in its policies and institutions has profoundly affected climate change politics at the international level and within its 27 Member States. But how has this been achieved when the EU comprises so many levels of governance, when political leadership in Europe is so dispersed and the policy choices are especially difficult? Drawing on a variety of detailed case studies spanning the interlinked challenges of mitigation and adaptation, this volume offers an unrivalled account of how different actors wrestled with the complex governance dilemmas associated with climate policy making. Opening up the EU's inner workings to non-specialists, it provides a perspective on the way that the EU governs, as well as exploring its ability to maintain a leading position in international climate change politics.
An accessible and comprehensive resource, EU Environmental Law and Policy explains the structure and logic of EU environmental law and enables readers to quickly gain a thorough understanding of the different areas of EU secondary law pertaining to the protection of the environment. This volume explores the institutional, constitutional, and historical premises for the adoption and application of substantive EU environmental law and further expounds upon the dynamics between EU Member States and the EU. The book additionally provides an introduction to the specific subject areas of EU environmental law through thematic chapters that analyse important topics such as climate and energy, water, and biological diversity. Each area is explained in detail, including a discussion of the specific features that characterize each area and an overview of the main legal acts and case law relevant to the particular area.
The European Union has long played a leadership role in the global response to climate change, including the development and dissemination of climate-friendly technologies such as renewable energy. EU diplomacy has been a vital contributor to the development of international cooperation on climate change through the agreement of the United Nations Climate Convention, its Kyoto Protocol and, most recently, the Paris Agreement. In addition, the election of Donald Trump as President of the United States means that the EU contribution to climate diplomacy will become more important still, both in filling the leadership gap (together with other major economies) and in responding to any sabotage by the Trump administration. This book will extend knowledge of the EU as a key actor in climate diplomacy by bringing together leading practitioners and researchers in this field to take stock of the EU’s current role and emerging issues. Contributions will be grouped into three strands: 1) the interplay between EU climate diplomacy and internal EU politics; 2) how the EU’s legal order is a factor that determines, enables and constrains its climate diplomacy; and 3) the EU’s contribution to diplomacy concerning climate technology both under the Climate Convention and more broadly. Collectively, these contributions will chart the EU’s role at a critical time of transition and uncertainty in the international response to climate change. EU Climate Diplomacy: Politics, Law and Negotiations will be of great relevance to students, scholars and policymakers with an interest in international climate politics and policy, transnational environmental law and politics and EU studies more generally.
