EU Environmental Principles and Scientific Uncertainty Before National Courts

EU Environmental Principles and Scientific Uncertainty Before National Courts

Author: Mariolina Eliantonio

Publisher: Hart Publishing

Published: 2024-10-17

Total Pages: 0

ISBN-13: 1509948236

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This comparative book explores the dynamics driving how courts across Europe and beyond understand and analyse scientific information in nature conservation. The Habitats and the Birds Directives-the core of EU nature conservation law-are usually seen as the most 'uniform' parts of EU environmental law. This book analyses the case law from 11 current and former EU Member States' courts and explores the dynamics of how, and crucially why, their understandings of scientific uncertainty on the one hand, and EU environmental principles on the other, vary. The courts' scope and depth of review, access to scientific knowledge, and scientific literacy all influence such decisions-as does their interpretation of norms and principles. How have the courts evaluated scientific evidence, encompassing its essential uncertainties? This book answers this and many more questions pertinent to EU environmental law, comparative environmental law, administrative law, and STS studies. Co-edited by experienced leaders in the field, and with outstanding contributors, this book is an essential guide to the dynamics of nature conservation law.


EU Environmental Principles and Scientific Uncertainty before National Courts

EU Environmental Principles and Scientific Uncertainty before National Courts

Author: Mariolina Eliantonio

Publisher: Bloomsbury Publishing

Published: 2023-04-20

Total Pages: 425

ISBN-13: 150994821X

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This comparative book explores the dynamics driving how courts across Europe and beyond understand and analyse scientific information in nature conservation. The Habitats and the Birds Directives-the core of EU nature conservation law-are usually seen as the most 'uniform' parts of EU environmental law. This book analyses the case law from 11 current and former EU Member States' courts and explores the dynamics of how, and crucially why, their understandings of scientific uncertainty on the one hand, and EU environmental principles on the other, vary. The courts' scope and depth of review, access to scientific knowledge, and scientific literacy all influence such decisions-as does their interpretation of norms and principles. How have the courts evaluated scientific evidence, encompassing its essential uncertainties? This book answers this and many more questions pertinent to EU environmental law, comparative environmental law, administrative law, and STS studies. Co-edited by experienced leaders in the field, and with outstanding contributors, this book is an essential guide to the dynamics of nature conservation law.


EU Environmental Law, Governance and Decision-Making

EU Environmental Law, Governance and Decision-Making

Author: Maria Lee

Publisher: Bloomsbury Publishing

Published: 2014-12-01

Total Pages: 466

ISBN-13: 1782254080

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A vast and diverse body of EU law addresses an enormous range of environmental matters. This book examines a number of areas of substantive EU environmental law, focusing on the striking preoccupation of EU environmental law with the structure of decision-making. It highlights the observation that environmental protection and environmental decision-making depend intimately on both detailed, specialised information about the physical state of the world, and on political judgments about values and priorities. It also explores the elaborate mechanisms that attempt to bring these distinctive decision-making resources into EU environmental law in areas including industrial pollution, chemicals regulation, environmental assessment and climate change.


Environmental Principles and the Evolution of Environmental Law

Environmental Principles and the Evolution of Environmental Law

Author: Eloise Scotford

Publisher: Bloomsbury Publishing

Published: 2017-02-09

Total Pages: 307

ISBN-13: 1782252908

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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.


Arbitrary and Capricious

Arbitrary and Capricious

Author: Gary Elvin Marchant

Publisher: American Enterprise Institute

Published: 2004

Total Pages: 112

ISBN-13: 9780844741895

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This study examines how the European Union has used the precautionary principle in legal decisions.


The European Court and National Courts

The European Court and National Courts

Author: Anne Marie Slaughter

Publisher: Bloomsbury Publishing

Published: 1998-03-01

Total Pages: 442

ISBN-13: 1847311512

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The essays comprising this volume are the outcome of a major and unique project which looks in detail at the application of EC law by national courts and the interaction of the demands of EC law with the constraints imposed by national legal orders and,especially, national constitutional orders. The volume comprises seven country studies which are shaped around a common research protocol. These are supplemented by three cross-cutting studies which draw on the country studies as well as on broader contextual research work aimed at trying to understand the role of the European Court of Justice in the round. The results of this multi-national research are certain to provoke widespread interest among scholars of European law, international law and European politics, for they offer the first systematic and rigorous attempt to assess the impact of the ECJ among the leading member states of the European Union.


EU Environmental Law

EU Environmental Law

Author: Maria Lee

Publisher: Hart Publishing

Published: 2005-04-21

Total Pages: 0

ISBN-13: 9781841134109

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Contemporary environmental regulation is having to adapt to significant challenges. These challenges come from all directions, including the quest for economic efficiency, popular mistrust of experts and frequent observation of poor practical results. At EU level, criticisms of regulatory activity are accentuated by the significant questions that surround the legitimacy of certain EU institutions and processes. EU Environmental Law examines a range of substantive EU environmental laws and policies and considers far-reaching endeavors to improve environmental regulation.


Environmental Courts and Tribunals

Environmental Courts and Tribunals

Author: Ceri Warnock

Publisher: Bloomsbury Publishing

Published: 2021-01-07

Total Pages: 360

ISBN-13: 1509940073

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The global phenomenon of the establishment of specialist courts is one of the most important recent developments in environmental law. Although they are generally seen as a much needed innovation, they do pose challenges, particularly around questions of legitimacy. This important book tackles these questions directly, looking specifically at the courts in the common law world. It argues that to fully understand the nature of the adjudication of these courts, a bottom-up approach must be taken: ie the question before the court is determinative. Despite its theoretical focus, the book will also provide invaluable insights to practitioners engaging with these new courts for the first time. An innovative study on a seismic change in how environmental law is adjudicated.


The Oxford Handbook of International Environmental Law

The Oxford Handbook of International Environmental Law

Author: Lavanya Rajamani

Publisher: Oxford University Press

Published: 2021-08-06

Total Pages: 1104

ISBN-13: 0192589032

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The second edition of this leading reference work provides a comprehensive discussion of the dynamic and important field of international law concerned with environmental protection. It is edited by globally-recognised international environmental law scholars, Professor Lavanya Rajamani and Professor Jacqueline Peel, and features 67 chapters authored by 76 renowned experts in their fields. The Handbook discusses the key principles underpinning international environmental law, its relevant actors and tools, and rules applying in its substantive sub-fields such as climate law, oceans law, wildlife and biodiversity law, and hazardous substances regulation. It also explores the intersection of international environmental law with other areas of international law, such as those concerned with trade, investment, disaster, migration, armed conflict, intellectual property, energy, and human rights. The Handbook sets its discussion of international environmental law in the broader interdisciplinary context of developments in science, ethics, politics and economics, which inform the way in which environmental rules are made, implemented, and enforced. It provides an introduction to the foundations of international environmental law while also engaging with questions at the frontiers of research, teaching, and practice in the field, including the role of Global South perspectives, the contribution made by Earth jurisprudence, and the growing role of a diverse range of actors from indigenous peoples to business and industry. Like the first edition, this second edition of the Handbook is an essential reference text for all engaged with environmental issues at the international level and the applicable governance and regulatory structures.


Environmental Adjudication

Environmental Adjudication

Author: Emma Lees

Publisher: Bloomsbury Publishing

Published: 2020-09-17

Total Pages: 272

ISBN-13: 1509931481

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This book provides a detailed study of the role of the judiciary in environmental law. It examines theoretical issues concerning the role of judges, taking account of different legal cultures and contexts, exploring the multifaceted pressures which rest on the shoulders of courts when navigating the tensions between maintaining neutrality, resolving disputes, and providing guidance and assistance for future courts, policy-makers and decision-makers. In addition, it explores the particular challenges which arise in an environmental context, before articulating the range of environmental dispute 'models' which can and do exist in the context of the environmental law of England and Wales. The second part of the book looks at the consequences of these findings, and explores the relationship between adjudication and coherence before concluding with an exploration of what constitutes 'good' environmental adjudication.