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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...
Biodiversity Litigation
This book promotes the concept of Biodiversity Litigation as a common notion of environmental law and investigates litigation in a variety of countries and from various perspectives. It opens the space for more creative legal thinking when dealing with and analysing biodiversity-related disputes.
Policy within and through law
'Practising law, whether as a politician, a judge, a lawyer or an academic, is to a certain degree creating or influencing policy', Walter Van Gerven once wrote. This statement and many other similar or opposite statements make one wonder about the nature of the policies concerned, the identities of the decision makers and the rationale underlying those policies. On these and related questions PhD researchers from different Belgian law schools debated at the ACCA-conference held at Ghent University in May 2014. This book holds the fruits of those debates. Hence, the book contains concise contributions focusing on policy questions in matters related to various fields of law, such as environmental, constitutional, civil, social, criminal, procedural or EU law. It seeks to provide an insight into the interplay between legislators and administrative bodies on the one hand and judges and legal scholars on the other hand, bringing about the creation of a new policy or the adjustment or abolishment of an existing policy.
Biodiversity Offsets
This book deals with the new concept of biodiversity offsets. The aim of offsetting schemes is to achieve no let loss or even net gain of biodiversity. Offsets obey a mitigation hierarchy and reflect the precautionary and polluter-pays principle in regard to project impacts. Readers gain insights into current debates on biodiversity policies, with top experts outlining theoretical principles and the latest research findings. At the same time the focus is on practical application and case studies. Today there is a lively international discussion among practitioners and scientists on the optimal legal framework, metrics and design of habitat banks to ensure the success of biodiversity offsets ...
Ecological Restoration in International Environmental Law
Human activities are depleting ecosystems at an unprecedented rate. In spite of nature conservation efforts worldwide, many ecosystems including those critical for human well-being have been damaged or destroyed. States and citizens need a new vision of how humans can reconnect with the natural environment. With its focus on the long-term holistic recovery of ecosystems, ecological restoration has received increasing attention in the past decade from both scientists and policymakers. Research on the implications of ecological restoration for the law and law for ecological restoration has been largely overlooked. This is the first published book to examine comprehensively the relationship bet...
Non-Human Nature in World Politics
This book explores the interconnections between world politics and non-human nature to overcome the anthropocentric boundaries that characterize the field of international relations. By gathering contributions from various perspectives, ranging from post-humanism and ecological modernization, to new materialism and post-colonialism, it conceptualizes the embeddedness of world politics in non-human nature, and proposes a reorientation of political practice to better address the challenges posed by climate change and the deterioration of the Earth’s ecosystems. The book is divided into two main parts, the first of which addresses new ways of theoretically conceiving the relationship between non-human nature and world politics. In turn, the second presents empirical investigations into specific case studies, including studies on state actors and international organizations and bodies. Given its scope and the new perspectives it shares, this edited volume represents a uniquely valuable contribution to the field.
The Judge and the Proportionate Use of Discretion
This book examines different legal systems and analyses how the judge in each of them performs a meaningful review of the proportional use of discretionary powers by public bodies. Although the proportionality test is not equally deep-rooted in the literature and case-law of France, Germany, the Netherlands and the United Kingdom, this principle has assumed an increasing importance partly due to the influence of the European Court of Justice and European Court of Human Rights. In the United States, different standards of judicial review are applied to review ‘arbitrary and capricious’ agency discretion. However, do US judges achieve a similar result to the proportionality or reasonablene...
International Watercourses Law and Multilateral Environmental Agreements
This book anchors its arguments in Article 20 of the Watercourses Convention and explores consistencies and inconsistencies in parallel definitions, substantive and procedural obligations and institutional arrangements in IWL, and the Ramsar and Biodiversity Conventions with respect to the protection and preservation of ecosystems of shared inland waters. Dr. Yang Liu argues that the all-around informed and integrated application of IWL and MEAs is essential for the effective protection and preservation of shared inland water ecosystems. However, the degree of cross-fertilization of parallel provisions should be examined on a case-by-case basis in light of the legal analytical framework deployed in this study.
International Judicial Practice on the Environment
Evaluates the fundamental legitimacy of judicial practice in the growing number of environmental cases heard before international courts.
European Environmental Law
A critical and contextual overview of European environmental law examining today's key environmental challenges alongside traditional topics.
