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Principles of European Environmental Law

Principles of European Environmental Law
Author: Richard Macrory
Publisher: Europa Law Publishing
Total Pages: 272
Release: 2004
Genre: Law
ISBN: 9789076871264

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The precautionary principle, the polluters pay principle, and similar principles have become embedded in the language of contemporary environment policy. In this important new study, leading European experts in environmental law consider the legal significance of such environmental principles, both in jurisprudential theory and in practice before the courts. The development of the principles within the European Treaty is considered as well as the approach of the European Court of Justice to their interpretation. But it is the interpretation of environmental principles in front of national courts within Europe that forms the heart of the study, with chapters covering a number of the key Europe jurisdictions. The study, the first of its kind, presents a dynamic picture of environmental case law across Europe.


Research Handbook on EU Environmental Law

Research Handbook on EU Environmental Law
Author: Marjan Peeters
Publisher: Edward Elgar Publishing
Total Pages: 552
Release: 2020-06-26
Genre: Law
ISBN: 1788970675

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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.


Environmental Principles

Environmental Principles
Author: Nicolas de Sadeleer
Publisher: Oxford University Press
Total Pages: 593
Release: 2020-10-30
Genre: Law
ISBN: 0192582674

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This book traces the evolution of environmental principles from their origins as vague political slogans reflecting fears about environmental hazards to their embodiment in enforceable laws. Environmental law has always responded to risks posed by industrial society but the new generation of risks have required a new set of environmental principles, emerging from a combination of public fears, science, ethics, and established legal practice. This book shows how three of the most important principles of modern environmental law grew out of this new age of ecological risk: the polluter pays principle, the preventive principle, and the precautionary principle. Since the first edition was published, the principles of polluter-pays, prevention, and precaution have been encapsulated in a swathe of legislation at domestic and international level. Courts have been invoking environmental law principles in a broad range of cases, on issues including GMOs, conservation, investment, waste, and climate change. As a result, more States are paying heed to these principles as catalysts for improving their environmental laws and regulations. This edition will integrate to a greater extent the relationship between environmental principles and human rights. The book analyses new developments including the EU Charter of Fundamental Rights, the case law of the European Court of Human Rights, which has continuously carved out environmental duties from a number of rights enshrined in the European Convention of Human Rights, and the implementation of the UNECE Convention on Access to Information.


EU Environmental Law

EU Environmental Law
Author: Geert Van Calster
Publisher: Edward Elgar Publishing
Total Pages: 383
Release: 2017-02-24
Genre: Law
ISBN: 1782549188

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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.


Constitutionalisation of Environmental Protection in EU Law

Constitutionalisation of Environmental Protection in EU Law
Author: Alicja Sikora
Publisher:
Total Pages: 0
Release: 2020
Genre: Environmental law
ISBN: 9789089522061

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This book describes the unique process of legal evolution in the field of environmental law, which is denoted as constitutionalisation of the environmental protection in the EU legal order. This notion refers to the process of transformation of this particular area of law, which is reflected in its novel, autonomous features and materialised through the normative and jurisprudential elevation of environmental objectives and principles. In the course of recent years, environmental protection has evolved from a sectoral policy to one of the core, transversal principles of the EU legal order. Grasped through the prism of the principles of integration and coherence, environmental protection has become an all-present and influential aspect of EU legislation, while at the same time reaching the status of a fundamental value underlying the constitutional dimension of the European Union as a community of law. This book examines this process on the basis of comparative legal analysis, the current practice of EU institutions, and the recent case-law of the Court of Justice of the EU.


Regulation, Enforcement and Governance in Environmental Law

Regulation, Enforcement and Governance in Environmental Law
Author: Richard Macrory Hon KC
Publisher: Bloomsbury Publishing
Total Pages: 614
Release: 2014-10-09
Genre: Law
ISBN: 1782254412

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Regulation, Enforcement and Governance in Environmental Law is an updated edition of Richard Macrory's most influential writings. Spanning his entire career, these are all works which have helped shape contemporary environmental law and policy. The book includes the full text of his 2006 Cabinet Office Review on Regulatory Sanctions, new chapters on the Climate Change Act 2008, the Environment Tribunal, and analysis of recent leading cases. The book is divided into five thematic sections: Regulatory reform, Institutional Reform and Change, the Dynamics of Environmental Law, the Courts and the Environment and Europe and the Environment. Reviews of the first edition: 'This book is surely destined to become a 'must read' for anyone (academic, practitioner or student) interested in the development of regulation, enforcement, and environmental governance.' P Bishop, IUCN Academy of Environmental Law Journal 'An excellent reference work on environmental law....an extremely important and valuable edition to the environmental lawyer's bookshelf.' C Abbot, Journal of Environmental Law 'It is a rare to find a volume which consumes one's attention for 765 pages – and rarer still that such a blockbuster be a law book...This book is not solely for environmental enthusiasts – it should be essential reading for anyone concerned with the institutional reform, transparency and accountability in the UK and EU.' C MacKenzie, Cambridge Law Journal


A Guide to EU Environmental Law

A Guide to EU Environmental Law
Author: Josephine van Zeben
Publisher: University of California Press
Total Pages: 296
Release: 2020-10-27
Genre: Law
ISBN: 0520295218

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Written by two internationally respected scholars, this unique primer distills European Union environmental law and policy into a practical guide for a nonlegal audience, as well as for lawyers trained in other jurisdictions. The first part explains the basics of the European legal system, including key actors, types of laws, and regulatory instruments. The second part describes the EU’s overarching legal strategies for environmental management and delves into how the EU addresses the specific environmental issues of pollution, ecosystem management, and climate change. Chapters include summaries of key concepts and discussion questions, as well as informative "spotlights" offering brief overviews of topics. With a highly accessible structure and useful illustrative features, A Guide to EU Environmental Law provides a long-overdue synthetic resource on EU environmental law for students and for anyone working in environmental policy or environmental science.


European Environmental Law

European Environmental Law
Author: J. H. Jans
Publisher:
Total Pages: 488
Release: 2000
Genre: EU-ret
ISBN:

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This leading monograph on European Environmental Law now completely updated and revised. Taking into account the changes of the 'Amsterdam Treaty', new case law of the Court of Justice and recent environmental directives and regulations. Prof. Jans acclaimed book provides an in-depth analysis of important legal issues of European environmental law. What are the legal grounds for EC environmental policy and on what principles are directives and regulations based upon? To what extent preclude EC environmental directives more stringent national environmental standards? What are the requirements the Court of Justice has imposed on the Member States implementing environmental directives? To what extent can European environmental law be relied upon and challenged before national courts and the Court of Justice? How do the Treaty rules on the Internal Market and undistorted competition interfere with national environmental policy? Answers to these questions can be found in prof. Jans' book. The book discusses all major environmental directives and regulations, integrating important judgments of the Court of Justice on their interpretation. Various national case law on the application of European environmental law is being taken into account. About the author: Prof. Jans (1956) teaches EU law at the Europa Instituut of the law faculty of the University of Amsterdam. He is a member of the Dutch Commission on Environmental Impact Assessment, Vice-Chairman of the Appeal Committee of the Dutch Cartel Authority, and honorory judge at the Assen District Court. He is also member of the editorial boards of the Journal of Environmental Law, SEW, Legal Issues of Economic Integration and The Columbia Journal of European Law.


EU Environmental Law and Policy

EU Environmental Law and Policy
Author: David Langlet
Publisher: Oxford University Press
Total Pages: 433
Release: 2016
Genre: Law
ISBN: 0198753926

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An accessible and comprehensive resource, this volume details 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.


EU Environmental Law and the Internal Market

EU Environmental Law and the Internal Market
Author: Nicolas de Sadeleer
Publisher: Oxford University Press, USA
Total Pages: 556
Release: 2014
Genre: Law
ISBN: 0199675430

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A robust, exhaustive, and systematic legal analysis of the conflicts opposing integration of internal market and free competition rules with the environmental protection rules, including climate change rules, taken at an EU and national level.