The book aims at understanding the current distribution and use of powers over the environment among various layers of government and their consequences on environmental protection, comparing federal, regional and unitary State models and drawing theoretical and practical consequences.
After a period of relative silence, recent years have been marked by an upswing of interest in environmental issues. The publication of the report of the World Commission on Environment and Development on 'Our Common Future' (1987) has acted as a catalyst for a revival of the environmental awareness, not only regarding local and daily pollution problems, but also -and in particular- regarding global environmental decay and threats to a sustainable development. In a recent study by W.M. Stigliani et al., on 'Future Environments for Europe' (Executive Rep~rt 15, IIASA, Laxenburg, 1989) the environmental implications of various alternative socioeconomic development pathways with respect to eleven environmental issues that could become major problems in the future are analysed. These issues include: Managing water resources in an era of climate change. Acidification of soils and lakes in Europe. Long-term forestry management and the possibility of a future shortfall in wood supply. Areas of Europe marginalized by mainstream economic and agricultural development. Sea level rise. Chemical pollution of coastal waters. Toxic materials buildup and the potential for chemical time bombs. Non-point-source emissions of potentially toxic substances. Transportation growth versus air quality. Decreasing multi-functionally of land owing to urban and suburban land development. Increasing summer demand for electricity, and the impact on air quality.
By adopting a theoretical and comparative approach, this text asks whether, through increased protection of private interests, tort has the ability to provide a useful additional means of environmental protection to regulatory controls.
Part of the Tempus Textbook Series on European Law and European Legal Cultures, this book provides a comparative analysis of European environmental law. It aims to outline the structures and the developing trends in environmental law and practice.
This volume presents an overview of public environmental law in the European Union and the United States of America. It focusses on constitutional and administrative environmental law but also includes other areas of law such as criminal and private law (in as far as these are relevant to the understanding of public environmental law). The book offers a comparative introduction, by editors and native authors, to the most important aspects of environmental law (prevention of pollution). It thus aspires to contribute to both 'transboundary' understanding of different regimes for Environmental Law and to a greater co-operation between different international and European partners in their strive towards more adequate (legal) modes of protection and improvement of the environment. For the purpose of the use of this book in education, research and legal practice, the contributions to the book are all based on one and the same format, thus making it more accessible for its readers. The final chapter offers comparative remarks by the editors.
This Handbook is the first comprehensive account of comparative environmental law. It examines in detail the methodological foundations of the discipline as well as the substance of environmental law across countries from four vantage points: country studies from all continents, responses to common problems (including air pollution, water management, nature conservation, genetically modified organisms, climate change and energy, chemicals, waste), foundational components of environmental law systems (including principles, property rights, administrative and judicial organisation, command-and-control regulation, market mechanisms, informational techniques and liability mechanisms), and common interactions of environmental protection with the broader public, private, and criminal law contexts. The volume brings together the foremost authorities in this field from around the world to provide a concise, self-contained, and technically rigorous account of environmental law as a single overall system.
This Handbook discusses the main issues, research, and theory on business and the natural environment, and how they impact on different business functions and disciplines
in Congress – are not considered, they may affect future energy programs just as they have past programs. Finally, potentially ruinously costly increases in energy imports force attention to the problem of how major public policy plans have been and are prepared in the United States. A witches’ brew of some 500 energy bills proposed in the 110th C ongress in the House and Senate is now being stirred up. This “inspirational” approach to public policymaking bears little resemblance to the thoughtful way critical policies have been developed in the EU. A change of the way major national planning is undertaken may do more than anything else to bring facts and reality into play, reduce hostilities, open up cooperation, new resources, technologies, creative energies, and productivity toward energy policy transitions. Chapter 6 Foreign Experience 6. 1 The European Union and Other Nations Take the Lead “The EU has pioneered a new form of post-national government, in which nation-states pool some of their sovereignty for the common good. Many of its admirers see this as a useful potential model for Southeast Asia, the Indian subcontinent, China-Taiwan, Latin America, parts of Africa and so on. The EU takes some issues, like human rights, global warming and the fostering of an international system of justice, with admirable seriousness . . . . . . Considering the kind of Europe it replaced, the EU has been an almost miraculous success (Walker, 2007).
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.
For many observers, the European Union is mired in a deep crisis. Between sluggish growth; political turmoil following a decade of austerity politics; Brexit; and the rise of Asian influence, the EU is seen as a declining power on the world stage. Columbia Law professor Anu Bradford argues the opposite in her important new book The Brussels Effect: the EU remains an influential superpower that shapes the world in its image. By promulgating regulations that shape the international business environment, elevating standards worldwide, and leading to a notable Europeanization of many important aspects of global commerce, the EU has managed to shape policy in areas such as data privacy, consumer health and safety, environmental protection, antitrust, and online hate speech. And in contrast to how superpowers wield their global influence, the Brussels Effect - a phrase first coined by Bradford in 2012- absolves the EU from playing a direct role in imposing standards, as market forces alone are often sufficient as multinational companies voluntarily extend the EU rule to govern their global operations. The Brussels Effect shows how the EU has acquired such power, why multinational companies use EU standards as global standards, and why the EU's role as the world's regulator is likely to outlive its gradual economic decline, extending the EU's influence long into the future.