Suchergebnisse

part Part I Europeanization of Environmental Law and Policy -- chapter 1 Eckard Rehbinder and Richard Stewart (1985), 'Legal Integration in Federal Systems: European Community Environmental Law', American Journal of Comparative Law, 33, pp. 371-446 -- chapter 2 Dirk Vandermeersch (1987), 'The Single European Act and the Environmental Policy of the European Economic Community', European Law Review, pp. 407-29 -- chapter 3 Philippe Sands (1990), 'European Community Environmental Law: Legislation, the European Court of Justice and Common-Interest Groups', Modern Law Review, 53, pp. 685-98 -- chapter 4 derek Osborn (1992), 'The Impact of EC Environmental Policies on UK Public Administration', Environmental Policy and Practice, 2, pp. 199-209 -- chapter 5 Koen Lenaerts (1994), 'The Principle of Subsidiarity and the Environment in the European Union: Keeping the Balance of Federalism', Fordham International Law Journal, 17, pp. 846-95 -- chapter 6 Richard Macrory (1996), 'Environmental Citizenship and the Law: Repairing the European Road', Journal of Environmental Law, 8, pp. 219-35 -- chapter 7 Gerd Winter (1996), 'On the Effectiveness of the EC Administration: The Case of Environmental Protection', Common Market Law Review, 33, pp. 689-717 -- part Part II Application and Enforcement of European Environmental Law -- chapter 8 Ludwig Krämer (1991), 'The Implementation of Community Environmental Directives within Member States: Some Implications of the Direct Effect Doctrine', Journal of Environmental Law, 3, pp. 39-56 -- chapter 9 Ken Collins and David Earnshaw (1992), 'The Implementation and Enforcement of European Community Environment Legislation', Environmental Politics, pp. 213-49 -- chapter 10 Richard Macrory (1992), 'The Enforcement of Community Environmental Laws: Some Critical Issues', Common Market Law Review, 29, pp. 347-69 -- chapter 11 Rhiannon Williams (1995), 'The European Commission and the Enforcement of Environmental Law: An Invidious Position', Yearbook of European Law, pp. 351-99 -- chapter 12 derrick Wyatt (1998), 'Litigating Community Environmental Law - Thoughts on the Direct Effect Doctrine', Journal of Environmental Law, 10, pp. 9-19 -- chapter 13 Peter Pagh (1999), 'Denmark's Compliance with European Community Environmental Law', Journal of Environmental Law, 11, pp. 301-19 -- part Part III Improving Environmental Standards in Europe -- chapter 14 Arline M. Sheehan (1984), 'Chemical Plant Safety Regulation: The European Example', Law and Policy in International Business, 16, pp. 621-40 -- chapter 15 Nigel Haigh (1987), 'Environmental Assessment - The EC Directive', Journal of Planning and Environmental Law, pp. 4-20 -- chapter 16 Jan H. Jans (1993), 'Waste Policy and European Community Law: Does the EEC Treaty Provide a Suitable Framework for Regulating Waste?', Ecology Law Quarterly, 20, pp. 165-76 -- chapter 17 Wouter P.J. Wils (1994), 'The Birds Directive 15 Years Later: A Survey of the Case Law and a Comparison with the Habitats Directive', Journal of Environmental Law, 6, pp. 219-42 -- chapter 18 Kurt Deketelaere (1997), 'Environmental Planning and Spatial Planning from a European Community Perspective', European Environmental Law Review, November, pp. 307-17 -- chapter 19 Ludwig Krämer (2000), 'Thirty Years of EC Environmental Law: Perspectives and Prospectives', Yearbook of European Environmental Law, pp. 155-82.

This essay aims to launch the proceedings of international law on a high note, and to suggest that many common impressions of it are wrong in general, and particularly wrong in the context of international environmental law. Even more particularly, multilateral environmental agreements (MEAs) illustrate the maturation and sophistication of international environmental law. If anything, the diversity and flexibility of compliance approaches under MEAs highlight the limited purchase of simple dichotomies such as "binding vs. non-binding" or "enforcement vs. ineffectiveness". The essay begins by exploring the concept of "enforcement" in international law in general. It suggests that a concept of enforcement as imposition of legal sanctions, or penalties, is unduly narrow. The essay then canvasses some of the main theoretical assumptions about international law and compliance. An exploration of this theoretical context illuminates the reasons underlying common misconceptions about international law and its enforcement, and helps put in perspective the evolution of approaches to compliance in international environmental law. Finally, against the backdrop of these general considerations, the author examines key features of the approaches to compliance and enforcement in international environmental law and MEAs. The aim is to provide a 'bigger picture', a context for the detailed discussions of compliance mechanisms that make up the bulk of the conference proceedings.

"Cases of Conflict focuses on times of dispute as important moments in the development of international environmental law. Conflict tests international law--both its content and its relevance become clearer in times of controversy--but conflict can also help shape the law. Drawing from a growing body of scholarship connecting the fields of international relations and international law, Cases of Conflict focuses on six transboundary disputes to demonstrate how these disputes have influenced the development of international environmental law and policy. Embracing their rich detail and real-world messiness, this book looks to develop a better understanding of the true content and potential of international environmental law"--Back cover

"This book examines the increasingly widespread movement to recognise the environment as a legal person. Several countries have now recognized that nature, or parts of nature, have juristic personhood. In this book, the concept of legal personhood and its incidents are interrogated with a view to determining whether this is, or could be, a positive contribution to modern environmental problems. Surveying historical and current positions on the juristic concept of legal personhood, the book engages recent legislation and case law, in order to consider the attempt in several countries to vest personhood in rivers, river basins and ecosystems. Comparing approaches in a range of countries - including New Zealand, India, Ecuador, the United States and Australia, it addresses the methods employed, the purported aims, the mechanisms for enforcement, and the entrenchment of legal protections. Throughout, the book elicits the difficult relationship between an historically anthropocentric idea of personhood and its extension beyond the human; concluding that the attribution of personhood to the environment is an important, but limited, contribution to environmental sustainability. Accessibly written, this book will appeal to scholars, students and others with interests in environmental law, environmental science and public policy, and ecology more generally"--