This insightful book explores why implementation of environmental law is too often ineffective in achieving effective environmental governance. It provides careful analysis and innovative proposals to help improve the practical effectiveness of legal i
Northern Ireland is lagging far behind the rest of the United Kingdom and Europe in terms of meeting its obligations to obey EC Environmental Law. This title is designed to assist and inform all those interested in the nature and role of EC law on the environment in Northern Ireland. It is intended to provide an accessible and practical guide through the vast maze of Community legislation and policy documents on the environment, and the growing case law of the European Court of Justice in this field. It traces the extent to which each Directive on the environment has been implemented into Northern Ireland law. It outlines the most recent European Commission proposals for new legislation and/or policy on the environment. It is intended as a stepping stone to further research in this field in that readers are provided with further reading, Internet sites and other information concerning contacts relevant to Community environmental law and its implementation in Northern Ireland. It is designed to highlight the relevance of EC legislation on the environment in practice.
Does participatory governance benefit the environment? The European Water Framework Directive (WFD), which came into force in 2000 with the aim of revolutionizing European water governance, mandates participatory river basin management planning across the European Union. The belief of European policymakers and the European Commission is that participation will deliver better policy outputs and implementation. This book examines a range of approaches to participatory river basin management planning, and considers whether and how participation impacted on the environmental standard of planning documents, quality of implementation, and social outcomes. It draws on evidence from WFD implementation in eight case studies from Germany, Spain and the United Kingdom on the basis of a matched comparative case study design. The Directive sets common timeframes and procedural requirements, which provides a perfect test-bed and unique opportunity to study the effects of participation on implementation and outcomes in comparative perspective.
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.
This book explores the response of Ireland’s political-administrative system to the implementation of environmental directives in the cases of waste management, water reform and biodiversity. Ireland represents the implementation challenges of a small EU member state with a weak background in environmental governance, and has struggled to adapt to the complexities of enforcing environmental rules. Using a theoretical framework inspired by traditional implementation analysis and insights from the Europeanisation literature, the book traces the implementation process in three directives. The main conclusion of this study is that Ireland’s implementation performance in waste management, water and nature conservation is influenced by the low issue salience of environmental policy and the need to overcome structural problems in the public administration system to give effect to EU legislation.
To mark the 2000 Annual Conference of the Society of Public Teachers of Law,the Society has organised a distinguished team of contributors to write a set of reflective and critical essays on the future of law in the United Kingdom, considering how it will or should develop over a wide range of areas. The essays are concerned not only with all the main branches of the law but also with socio-legal studies, legal education and legal practice. In most of these areas the essays are written by two contributors so that the dialogue between them adds perception to their forecasts, taking account of past experience of developing the law via judicial activism or statutory reform processes and also of the European dimension. This reflection upon the possible future milestones of UK law will provide stimulating and illuminating reading for all lawyers, whether academics or practitioners. Contributors Andrew Ashworth, Stephen Bailey, Rebecca Bailey-Harris, Nicholas Bamforth, Kit Barker, John Birds, Anthony Bradney, Margaret Brazier, Richard Card, Elizabeth Cooke, Fiona Cownie, Keith Ewing, Conor Gearty,. Nicola Glover, Desmond Greer, Brigid Hadfield, Johnathan Harris, David Hayton, Jo Hunt, John Jackson, Tim Jewell, John Lowry, Laura Macgregor, Judith Masson, David McClean, Gillian Morris, David Oughton, John Parkinson, Alan Paterson, Colin Reid, Sir Richard Scott, Jo Shaw, Lionel Smith, Brenda Sufrin, Phil Thomas, Joseph Thomson, Adam Tomkins, Martin Wasik, Sally Wheeler, Richard Whish, Sarah Worthington.
This book critically examines the development and current structure of European Union agri-environmental measures at a substantive level. Examining the measures in an integrated manner, showing how they interrelate linking different aspects of European Union agricultural law and policy, this volume examines the legislation adopted at European Union level as well as the impact of particular national measures to implement that legislation. Where appropriate, comparisons are drawn between the manner in which European Union legislation has been implemented among various Member States. Critically assessing European Union and national measures, in the light of other policy pressures such as the influence of world trade agreements and the political pressures exerted by the agricultural sector within the national legal systems of individual Member States, this volume is a valuable resource for academics researching and practitioners working in the areas of European Union environmental and agricultural law.
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.
Each of the jurisdictions within the United Kingdom is constantly refining the operational characteristics of its planning system and while there are some common practices, there are also substantive divergences. In each territory the planning template is shaped within a dynamic political and legal context and thus students and practitioners require an accessible, in-depth and up-to-date literature dealing with this matter. The multi-disciplinary contributors to this expanded Second Edition of Planning Law and Practice in Northern Ireland explore the progression of planning within the region and discuss prominent facets of contemporary development management, development plans, environmental law, property law and professional practice. Consideration is given to the consequences of Brexit for planning in Northern Ireland, devolved government institutional structures for planning, and the post-2015 emergent performance of local authorities in this arena. The book makes an important contribution to the wider literature in this field and, with its extensive citing of statutes and cases, provides an essential resource for students, planning practitioners and researchers.