Suchergebnisse

A large and growing proportion of contemporary environmental regulation is transnational, which means that it is impossible to understand environmental governance without a firm grasp of the nature of transnational environmental regulation (TER). In this illuminating work, Veerle Heyvaert offers readers a comprehensive discussion of TER, including analysis of international environmental agreements, regional and EU regulation, private environmental regulation, and governance networks, arguing that TER is highly diverse but sufficiently cohesive to allow the identification of shared characteristics that establish TER as a model of regulation. The book uncovers the key features of TER, and analyses the various intentions of TER regulators, TER's governance principles and compliance strategies, using a newly developed activity-based methodology for regulatory analysis. This book should be read by anyone seeking to understand the strengths and weaknesses of transnational environmental governance and its contribution to sustainability.

Defence date: 28 June 1999 ; Examining Board: Prof. Karl-Heinz Ladeur, European University Institute (Supervisor); Prof. Christian Joerges, European University Institute (Co-supervisor); Prof. Jan H. Jans, University of Amsterdam; Prof. Marc Pallemaerts, Vrije Universiteit Brussels ; First made available online on 23 February 2018 ; The project of this thesis is to investigate how law operates in politically precarious, scientifically complex and uncertain areas. It examines whether the legal framework for the regulation of health and environmental threats adequately takes into account problems of risk and uncertainty. Furthermore, it proposes structural legal reforms to optimise the conditions under which decisions for risk control are taken. Chapter I of the thesis lays down a theoretical framework for analysis of the tensions between law, risk and uncertainty. It explains why traditional modes of legal reasoning are ill-suited to deal with contemporary health and environmental threats, and proposes the adoption of a risk-oriented approach to law and regulation as a more productive alternative. The remainder of the thesis examines the practical utility of a riskoriented approach for health and environmental protection. The substantive area selected for analysis, is the European Community regulatory framework for the control of chemicals. The structure of the thesis mimics the "regulatory life cycle" of chemical substances. Chapter II focuses on the first major prerequisite for chemical control: the availability of sufficient information on chemical hazards and risks. It provides an overview and critique of existing arrangements to stimulate the production of chemical data. Chapter III addresses the question how this data is processed into a format that is relevant for the purposes of risk regulation. The prevalent technique is risk assessment. Chapter III analyses risk assessment practices prescribed in EC law, and discusses the controversies that surround the use of risk assessment in regulatory decision-making. Chapter IV discusses the stage of risk decision-making. It reviews a range of regulatory techniques that aim to secure health and environmental protection, and examines chemical risk reduction mechanisms in EC law. It furthermore investigates whether and how information on chemical risks is put to use to inform decision-making processes. Each Chapter concludes with an evaluation of the incumbent legal framework, focusing in particular on its compatibility with the risk-oriented approach developed in Chapter I. Finally, Chapter V draws the strands of the preceding analyses together, and offers an overview of the main leitmotifs, strengths and weaknesses of European chemical legislation. Chapter V concludes with a number of reform proposals that, hopefully, will contribute to the ongoing discussion and elaboration of a legal framework that does not shy away from uncertainty.

While much of the post referendum Brexit discussion has focused on economic and constitutional issues, the future of environmental law and policies has received much less attention. Environmental protection barely featured as a campaign issue on either side of the referendum debate, and it is notably overlooked in the Brexit White Paper. Yet UK environmental law is deeply rooted in EU law and policies, and departure from the EU may herald significant changes within national law. Environmental law covers a broad range of public policies including biodiversity protection, air and water quality control, climate change and waste management, and deeply impacts other key domestic policies such as agriculture, transport, industrial and energy policy. Moreover, uncertainty in environmental regulation significantly jeopardises its chance of effectiveness. Therefore, careful reflection on the impact of Brexit on environmental law is essential.
This article investigates what a gradual repatriation of EU law might mean, for specific areas (climate, ETS, biodiversity, air and water), for public authorities but also for civil society. The authors of this article envisage how cooperation between the UK and the EU could actually proceed in the future, on environmental law issues. Because there is actually no escape, or rather "an inescapable physical reality": environmental problems will continue to require concerted action.

"EU Environmental Law is a critical, comprehensive and engaging account of the essential and emerging issues in European environmental law and regulation today. Suitable for advanced undergraduate and postgraduate students, the book delivers a thematic and contextual treatment of the subject for those taking courses in environmental law, environmental studies, regulation and public policy, and government and international relations. Placing the key issues in context, EU Environmental Law takes an interdisciplinary and thematic approach to help students to better understand the implementation and enforcement of environmental law and policy across Europe. It offers an accessible overview, and links theory with practical applications that will allow students to contextualise the outcomes of legal rules and their impact on public and private behaviours. It provides a definitive account of the subject, examining traditional topics such as nature conservation law, waste law and water law, alongside increasingly important fields such as the law of climate change, environmental human rights law, and regulation of GMOs and nanotechnology"--

This book is for undergraduate and postgraduate students of EU law. It provides critical reflection by situating EU law in an unparalleled manner against its wider political and economic contexts and captures the significance of EU law by including contemporary topics that are not in traditional accounts of EU law.

"This book is for undergraduate and postgraduate students of EU law. It provides critical reflection by situating EU law in an unparalleled manner against its wider political and economic contexts and captures the significance of EU law by including contemporary topics that are not in traditional accounts of EU law"--