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The Habitats Directive in its EU Environmental Law Context
This book analyses the Habitats Directive; one of the most prominent piece of EU environmental legislation of the past decades. Seen by some as the cornerstone of Europe’s nature conservation policy, among other measures the Directive established the so-called "Natura 2000" ecological network, which covers more than 18% of the surface of the EU. However, despite the fact the Directive was adopted over twenty years ago only 17% of the protected habitats and species in Europe are being adequately protected while 10-60 % of animal species remain under threat. In light of the limited success and the contested nature of the Habitats Directive so far this book examines the successes and failures...
European Union Case Law on the Birds and Habitats Directives
Energy and Environmental Law and Policy Series Despite the remarkable scope of EU conservation policy, and notwithstanding 30 years of relevant case law, nature in the EU continues to decline. This comprehensive book, focusing on the EU’s core legislation on nature, the Birds and Habitats Directives, presents a detailed summary and analysis of the two directives as interpreted by the Court of Justice of the European Union. The book’s systematic structure provides the crucial details of a large body of cases decided by the Court following legal actions taken by the European Commission or preliminary references submitted by national courts. It enables a clear procedural understanding of ho...
Property Meeting the Challenge of the Commons
This book explores the challenge that the commons present to the private-public dichotomy in a wide variety of national legal systems representing the West European legal tradition as well as post-socialist and post-colonial experiences. It presents national reports from 13 jurisdictions, ranging from Belgium and the South Africa to the US. Constituting the outcome of the 20th General Congress of the International Academy of Comparative Law, held in Fukuoka, Japan in July 2018, it offers a valuable and unique resource for the study of comparative law.
Human Rights and the Planet
Adopted in the aftermath of the Second World War and implemented as a ‘living instrument’, the European Convention on Human Rights has, over the past 70 years, shown remarkable adaptability to changing circumstances through the evolutive jurisprudence of the European Court of Human Rights. While the Court has already demonstrated its willingness to address new challenges to human rights arising from environmental damage and climate change, growing scientific evidence and mounting public demand for action have accelerated the need for more fundamental engagement. This timely book – also a Special Issue of the Journal of Human Rights and the Environment – brings into sharp relief the specific challenges faced by the Court in addressing the human rights impacts of the interlocking environmental and climate crises.
EU and WTO Law
Examining the impact of free trade rules, this survey aims to help clarify the legal boundaries that exist on product regulation between national law, European Union (EU) law, World Trade Organization (WTO) law, and international environmental law. Public authorities make a consistent effort to regulate trade, acting within the policy space that remains open--both at the national and supranational level--while maintaining environmental protection and sustainable development. In exploring this process, this study brings to light the conflict of interests between free trade rules and product-oriented environmental measures. While environmental law increasingly relies on product regulations as an important policy instrument, supranational economic law--as laid down within the framework of the EU and the WTO--tends to view such regulations as trade barriers, which are to be removed as far as possible. This apparent contradiction between environmental protection and trade liberalization is analyzed closely, revealing why it has been the subject of much political and academic debate.
The Right to a Healthy Environment in and Beyond the Anthropocene
In light of the UN General AssemblyÕs recognition of the human right to a clean, healthy, and sustainable environment, this erudite book presents in-depth analyses of the concrete operationalization of this right at the regional, national, and international level.
International Judicial Practice on the Environment
Evaluates the fundamental legitimacy of judicial practice in the growing number of environmental cases heard before international courts.
Research Handbook on Climate Change Litigation
This Research Handbook provides a comprehensive depiction of the various stages, opportunities and challenges of climate change litigation at national and international levels from an innovative practice-oriented perspective. Bringing together expert authors from a range of legal backgrounds, it features contributions not only from experienced academics researching in the field, but also from strategic planning specialists and legal coordinators for organizations involved in climate-related litigation. This title contains one or more Open Access chapters.
The Handbook of Environmental Voluntary Agreements
Here is a practical reference which provides common methodologies, implementation rules and evalutation criteria for researchers, policy makers and business operators in the use of environmental voluntary agreements between regulators and polluters The book takes into account the variety of forms and application situations characterizing this environmental policy instrument, illustrating methodologies, implementation rules and evaluation criteria for researchers, policy makers and business operators.
Co-operative Environmental Governance
New philosophies of environmental management are being put to the test in many countries.· New ideas are needed to replace or at least flank the old command and control approach, which has lost its credibility. One of the most interesting new avenues is co-operative environmental management, whereby public and private parties work together to tackle a problem. It is interesting because it seems to be well suited to handling complex environmental problems. This kind of management makes use of the policy instrument known as the Environmental Agreement. That tool is geared to the development of sustainable procedures for working out solutions. The Environmental Agreement provides scope to deal with some essential characteristics of current environmental problems. Indeed, one of the most vexing aspects of environmental problems is uncertainty, both in the ecological sphere and with respect to the economic effects of intervention. In short, this instrument takes the unknown into account.
