Quelques années après la catastrophe du Prestige l'interrogation centrale est : qui doit payer pour remettre en état l'environnement? L'Union européenne s'est saisie du problème en élaborant une directive qui cherche à transformer le principe pollueur-payeur en réalité juridique. Identifier les pollueurs, définir à quelles conditions ceux-ci devraient être amenés à réparer : tels sont les problématiques auxquelles cette recherche s'attèle, pour contribuer à une plus grande responsabilisation face à l'environnement et à une meilleure compréhension des enjeux de l'Europe de demain.
In EU Environmental Law, International Environmental Law, and Human Rights Law: The Case of Environmental Responsibility, Armelle Gouritin offers a critical appraisal of EU environmental responsibility law and asserts a new rights-based approach to international environmental law. This book addresses environmental damage, environmental harm, the grounds for environmental responsibility and the exceptions to the responsibility principle. A critical appraisal of EU Directives 2004/35 and 2008/99 is complemented by an analysis of the input of the European Court on Human Rights and international environmental law with a view to filling the gaps identified in the Directives. Gouritin offers a full analysis of the potential and limits of the rights-based approach applied to environmental responsibility.
This unique, multilingual, encyclopedic dictionary in two volumes covers terms regularly used in landscape and urban planning, as well as environmental protection. The languages are American and British English, Spanish (with many Latin-American equivalents), French, and German. The encyclopedia also provides various interpretations of the terms at the planning, legal or technical level, which make its meaning more precise and its usage clearer.
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.
The "European Yearbook" has expanded over the years in keeping with the role played by European institutions compared with national ones. It is an indispensable work of reference for anyone dealing with these institutions, which have become so numerous and varied that no-one can possibly memorise all their acronyms or functions. The "European Yearbook" provides aids for finding one's way through the labyrinth of these organisations which coordinate a variety of activities in over 20 countries. One of the aids is an 'organisation chart' at the beginning of the documentary section, giving a clear picture of the general situation. A perusal of the many contributions in the volume organisation by organisation, shows the full diversity of the activities which Europe is gradually taking over from national governments, with their consent and financial support. Written in both of the Council of Europe's official languages, English and French, the "European Yearbook" also contains a general index by subject and name which constitutes a very valuable list of articles and provides direct access to the work's subject matter, regardless of the particular organisation concerned, offering a kind of cross-section of the activities of European organisations.
The United Nations Convention on the Law of the Sea of 10 December 1982 entered into force on 16 November 1994. Since this date a single binding instrument has regulated the rights and duties of States at sea and regarding the sea. New concepts, such as the exclusive economic zone, archipelagic waters, transit passage through straits, and the International Seabed Area, are now fully recognized. The fifteen member States of the European Union are a significant sample for analyzing the practice of States, or at least that of the Western industrialized States, as regards the law of the sea. They include major and small maritime powers, coastal and land-locked States, States with coasts on the Atlantic Ocean and States with coasts on semi-enclosed seas such as the Baltic and the Mediterranean, States with and without involvement in deep seabed mining and States with different interests as regards fisheries. The fact that they all belong to the European Union is a very important common feature, which amply justifies the choice made to study them together. The book's aim is to give, through essays prepared by well-known specialists, a detailed survey of the attitudes and practice concerning the law of the sea of the member States of the European Union and of the European Community as such. The common positions of the member States and the results of their coordinated action also emerge from these essays. The fact that the member States and the European Community are now actively engaged in the process of becoming parties to the Law of the Sea Convention is certainly a major contribution to the consolidation of the Convention as a universal instrument, or at least as an instrument widely ratified by States of all continents and economic and political interests.
