The Impact of Environmental Concerns on the Public Enforcement Mechanism Under EU Law PDF Download

Author: Levente Borzsák
Publisher: Kluwer Law International B.V.
ISBN: 9041134085
Category : Law
Languages : en
Pages : 354

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Book Description
"The European Union, with only 7.5% of the world's population, is responsible for a major part of the contamination of the planet, and is a major contributor to the problems of the global environment. Fortunately, Europe has both the capacity and the experience to fight effectively against these problems, even in this 'twenty-fifth hour' of environmental degradation. This timely book identifies some of the weaknesses of the public enforcement mechanism inherent in Articles 258-260 TFEU, and suggests how that mechanism could be improved in order to promote the overall effectiveness of EU law and environmental law in particular"--Provided by publisher.

Author: John F. McEldowney
Publisher:
ISBN: 9780857938206
Category : Environmental law
Languages : en
Pages : 0

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Book Description
Featuring an original introduction by the editors, this important collection of essays explores the main issues surrounding the regulation of the environment. The expert contributors illustrate that regulating the environment in the UK is conceptually complex, involves a diverse range of institutions, techniques and methodologies and crosses geographical and national boundaries. In the USA it is more formalised, juridical, adversarial and formally dependent upon legal rules. The articles highlight the fact that despite differences in the UK and the USA's regulatory styles, environmental regulation today has much in common with both traditions.

Author: Stine Andersen
Publisher: OUP Oxford
ISBN: 0191650048
Category : Law
Languages : en
Pages : 272

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Book Description
A comprehensive analysis of the European Commission's general role in supervising member state compliance with EU law, this book provides a detailed assessment of centralized EU enforcement. It starts out by asking whether it is viable to establish stronger Commission powers of enforcement at this point in time. Against this backdrop, and as a means of exploring the role of the Commission, the chapters examine a number of different aspects pertaining to enforcement of EU law. Beginning with an appraisal of the Commission's function under the general EU infringement procedure stipulated in Articles 258 and 260 TFEU, the volume argues that the EU lacks independent self-sustained regime authority. Moreover, this is reflected in both substantive EU law and procedural law, including the general EU infringement procedure. Chapter two makes the case that Article 258 TFEU can usefully be explained in terms of managerialism. Chapter three analyses Article 260 TFEU concerning repetitive infringements. In particular, it asserts, EU member state sanctions sustain the managerial approach. It then goes on to examine the Commission's unsuccessful attempts to gain sharper enforcement powers through secondary legislation, and identifies the effective points of functional overlap between enforcement powers and certain types of implementing tools. Finally, it discusses the Commission's role under various non-binding, ad hoc arrangements. The concluding chapter places the general EU infringement procedure in the broader context of a comprehensive (negotiated) policy process. It argues that the enforcement stage shares many features with earlier steps in the legislative process, including flexibility and deliberation.

Author: Patrick ten Brink
Publisher: Routledge
ISBN: 1351282263
Category : Business & Economics
Languages : en
Pages : 565

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Book Description
Voluntary environmental agreements (VEAs) – generally agreements between government and business – have been regarded by many as a key new instrument for meeting environmental objectives in a flexible manner. Their performance to date has, however, also led to considerable criticism, with several parties arguing that they are methods for avoiding real action that goes beyond "business-as-usual". Is either of these positions justified? The aim of this book is to highlight and learn the lessons from existing experience, looking not just at results but also at specific elements of agreements and also at the process of the agreement itself. Lessons are drawn from experience from across the world, covering the full range of environmental challenges, and from the perspective of key stakeholder groups. Importantly, the book also presents tools for assessing and improving existing agreements and includes recommendations and guidelines for future agreements in key areas such as climate change. It also deals at length with the problem of how such agreements might be used in developing and transitional economies. The overall view of the book is that there is a real potential for the future use of VEAs as part of the policy mix and as a tool for sharing the responsibility for meeting environmental objectives. For the agreements to play this role, however, significant steps are needed to ensure that they are effective, efficient, equitable and appropriately linked to a portfolio of other instruments. The book is divided into four sections. First, existing agreements, their development and efficacy are considered; second, the prospects for voluntary agreements in developing and transitional economies are discussed; third, a range of authors examine the role of VEAs as part of the policy mix to combat climate change; and, finally, the book concludes with an examination of how new tools for evaluating and improving VEAs could be utilized in the future. Voluntary Environmental Agreements will be of interest not only to academics, governments and businesses wishing to understand this specific instrument, but also to those already implementing or considering applying VEAs to meet their environmental objectives.

Author: Martin Hedemann-Robinson
Publisher: Routledge
ISBN: 1135115850
Category : Law
Languages : en
Pages : 722

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Book Description
Offering a detailed account of the various legal arrangements at European Union level, this book is an ideal reference tool for practitioners and legal scholars. As well as examining the principal sources of EU environmental law enforcement, it also contributes to the legal and political debates that surround the subject. Spanning three parts, the author examines the practical impact of the legal arrangements at Union level that are used to uphold EU environmental norms. Offering a comprehensive account of the current state of EU environmental law enforcement and the developments affecting it, Martin Hedemann-Robinson explores the role of the European Commission, the possibilities for private law enforcement, and the responsibilities of member state national authorities. Key legal developments that have occurred since the first edition have been incorporated, including new statutory developments and case law. Particular attention is paid to the impact of the 2007 Lisbon Treaty on foundational EU treaty provisions enabling the European Commission to take legal action against EU member states infringing Union environmental law, the establishment of a new legal architecture at Union level on the topic of environmental criminal policy, as well as increased EU legislative intervention in the area of environmental inspections. The impact of the 1998 Århus Convention on EU environmental law enforcement is also addressed in detail, including the influence of recommendations of the Århus Convention’s Compliance Committee.

Author: Paul Craig
Publisher:
ISBN: 0198856644
Category : Law
Languages : en
Pages : 1344

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Book Description
Respected as the definitive textbook on the subject, this is the stand-alone guide to EU law. The world-renowned authors offer the ideal balance of commentary, key cases, and materials to provide the most authoritative coverage and analysis.

Author: Martin Hedemann-Robinson
Publisher: Routledge
ISBN: 1351066560
Category : Law
Languages : en
Pages : 84

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Book Description
The international community has generated several hundred multilateral environmental agreements, yet it has been far less successful in developing means to ensure that contracting parties honour them in practice. The subject of law enforcement has traditionally attracted relatively little attention amongst international policy-makers at the formation stage of a multilateral environmental accord. Commonly, the question of how to secure collective adherence to environmental treaty regimes might well only be considered in depth at a much later stage of an environmental agreement’s evolution, if at all. At the same time, the significance of the issue of enforcement has gradually received more considered attention by states and international institutions. Providing an analysis of the nature, extent and current state of the international legal framework concerned with enhancing effective implementation of international environmental law, this book considers the scope and impact of international rules of law whose remit is to require or promote compliance by states with their international environmental legal obligations.

Author: Paul Craig
Publisher: Oxford University Press, USA
ISBN: 0199576998
Category : Law
Languages : en
Pages : 1317

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Book Description
The fifth edition of EU Law: Text, Cases, and Materials provides clear and insightful analysis of European Law accompanied by carefully chosen extracts from a range of materials. This edition looks in detail at the way in which the Treaty of Lisbon has radically changed both the institutional and substantive law of the European Union.

Author: Damilola S.Olawuyi
Publisher: Kluwer Law International B.V.
ISBN: 9403506652
Category : Law
Languages : en
Pages : 659

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Book Description
Because agreements concerning oil and gas upstream activities have historically been developed in common law jurisdictions, a growing concern for the petroleum industry is that a some upstream investment might not be enforceable in a civil law jurisdiction to the extent the same standards/concepts are used without any adaptation. This is why it is essential to understand and analyse how to implement a Joint Operating Agreement in civil law countries. This new edition of this unique in-depth treatment of JOAs under civil law offers a new abundance of practical considerations addressing enforceability issues in a wide variety of civil law jurisdictions likely to be conducting joint operations among two or more parties. The country-by-country analysis helps greatly in ensuring that such issues and topics as the following will be covered in a contract subject to civil law: obligations and liabilities; relationship of the parties; exclusive operations; force majeure; hardship; and host granting instrument. A useful appendix to this new edition is dedicated to a wealth of short practical comments and specific guidance. The first edition of this book presented the first JOA edited book to address the essential requirements from a large variety of civil law perspectives. This new edition offers a broader and more complete discussion of the latest legal developments with respect to the legal framework and principles underpinning JOAs in more civil law countries. It analyses the main issues that the petroleum industry and its investors might face in civil law jurisdictions with actual or potential large oil and gas reserves, and as such it is a unique and immensely valuable source of information and guidance for oil and gas law practitioners, legal counsel, and business and commercial negotiators involved in transnational operating agreements around the world.

Author: Sandra Cassotta
Publisher: Kluwer Law International B.V.
ISBN: 9041141979
Category : Law
Languages : en
Pages : 280

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Book Description
There is a growing interest at different decision-making levels (EU, international and national) in using liability as an element in solving the legal problems of environmental harm. The interest is founded on the necessity to take into account of complex inter-dependencies and interrelationships between the environmental media at global, regional and national levels. In an effort to implement the aims of sustainable development, new views of the traditional liability instrument have to be applied. The book focuses on the Environmental Liability Directive 2004/35/EC (the so-called “ELD”) on the prevention and remedying of environmental damage, and evaluates as to whether the ELD has achieved its goals and maintained its ambitions in terms of environmental protection, and what the optimal level of harmonization in terms of environmental protection is. In order to address the question of research of this book, an interdisciplinary framework of analysis and methodology combining political science and law are developed. Since environmental damage is a multidimensional and multidisciplinary problem, par excellence, a multidisciplinary approach is required. Consequently, the use of a multidisciplinary method, combining together in a systematic and rigorous fashion, law, political science, technical elements of economy, insurance law and natural science, is, in the research design of this study, necessary, in a view of tackling the topic in a scientific problem solving-oriented approach. The book draws the overall conclusions by suggesting proposals for amendments and recommendations to be utilized for possible redrafting of the ELD’s provisions for the time when the ELD will be object of a procedure of revision. This book will be of interest to practitioners in EU law and EU Environmental law, international environmental law, legal experts on the law of environmental liability, specialists within international organizations but also by political scientists, economists, insurance law specialists, and natural scientists.