ALBERT

All Library Books, journals and Electronic Records Telegrafenberg

Your email was sent successfully. Check your inbox.

An error occurred while sending the email. Please try again.

Proceed reservation?

Export
Filter
  • Articles  (1,259)
  • Oxford University Press  (1,259)
  • IOS Press
  • Journal of Environmental Law  (125)
  • 3613
  • Energy, Environment Protection, Nuclear Power Engineering  (1,259)
Collection
  • Articles  (1,259)
Publisher
  • Oxford University Press  (1,259)
  • IOS Press
Years
Journal
Topic
  • Energy, Environment Protection, Nuclear Power Engineering  (1,259)
  • Law  (1,259)
  • 1
    Publication Date: 2020-10-09
    Description: Diffuse nutrient pollution from agriculture has been the concern of policymakers for several decades, and yet it remains a persistent environmental issue. The current approach to mitigating the problem is predominantly via command and control regulation within the Nitrates Directive and the Water Framework Directive. This article will set out how diffuse pollution can be considered a wicked policy problem which acts as an explanation of how it has eluded the current regulatory regime. It will further establish that the traditional planning process overlooked the complexity of the problem. Finally, it will illustrate the ineffectiveness of the current regulatory framework to mitigate the problem. This will be exemplified through the legal framework of Northern Ireland.
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 2
    Publication Date: 2020-10-09
    Description: This analysis explores new developments in judicial review of planning policy interpretation. It shows how the nature of policy, often contextual and judgment-dependent, has led the UK Supreme Court to rethink the standard of review applicable to this issue. By considering the recent decision in Samuel Smith as part of a trilogy of cases—including Tesco Stores and Hopkins Homes—this analysis reveals a change in judicial attitudes, away from the expansive judicial supervision upheld in Tesco Stores. Furthermore, this study reflects on how this change is related to two wider ideas. The first is the Court’s understanding of the law and policy divide in the planning field, whilst the second is to do with a pragmatic stance regarding the purpose of the planning system and the institutional role of the courts in it. Finally, this analysis shows how the new approach emphasises the distinctive character of policy in the planning context.
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 3
    Publication Date: 2016-07-13
    Description: The provisions in the Habitats Directive relating to protection of sites establish a triumvirate of decision-makers: administrative authority, scientific advisor and judiciary. This article examines the relationship between these decision-makers as developed in recent case law, both at a European Union (EU) and national level. It argues that reference to the goal of environmental protection obscures the allocation of power among these actors, and that to truly understand the resulting system, we must acknowledge the differing norms which motivate each of these actors. In particular, it argues that we must consider the judiciary as an actor within the decision-making process, and should examine the role of the principles of judicial review and EU law in shaping this. It highlights that there are currently conflicts within the process, and that the principles of judicial review cannot provide a successful mechanism to manage these conflicts without an explicit consideration of the values ‘hidden’ therein.
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 4
    Publication Date: 2016-07-13
    Description: One of the key issues in the current controversy over the hunting of wolves in Sweden is whether the wolf population has reached favourable conservation status (FCS). FCS is a legal concept, created and defined in law, but like many legal concepts within environmental law, can only be understood by reference to ecological concepts such as species viability. These ecological determinations in turn often require some sort of legal or policy judgment, such as how great an extinction risk is acceptable for a viable population. This article interrogates contested legal and ecological aspects of FCS and argues for how they might be applied to the Swedish wolf in potential litigation.
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 5
    Publication Date: 2016-07-13
    Description: Within the regulatory space that exists at the intersection of UK company law and environmental regulation, the business community has generated its own environmental governance initiatives to address growing anxiety about companies’ externalised risk. Yet, there is currently nothing in law to prevent companies from frequently acting inconsistently with these voluntary unilateral assurances, which has led to widespread concern that environmental values are treated as merely instrumental to the dominant idea of achieving economic benefits for the company. This article examines a specific case for the legal facilitation of binding obligations owed to the environment, which require a company to make good on its previous commitments about environmental responsibility. It seeks to demonstrate that this is possible through the common law doctrine of estoppel, which can be opened up to prevent a company from acting inconsistently with its previous statements or actions about the governance of environmental risk.
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 6
    Publication Date: 2016-07-13
    Description: The aim of the article is to shed light on the particular issue of absence of judicial dialogue between the European Court of Human Rights (ECtHR) and the Court of Justice of the EU (CJEU) in the matter of environmental rights which represents a glaring exception to the generally cooperative disposition exhibited by the two courts in other domains linked to human rights protection. The article draws on this particular absence of judicial dialogue by examining the respective patterns of judicial reasoning employed by the CJEU and the ECtHR in cases before them that involve, or have a bearing on, environmental rights (substantive and procedural). Thus, the singular tendencies discernible in the ECtHR’s progressive jurisprudence in the field of environmental rights will be compared to CJEU’s jurisprudence relevant to environmental rights with the intention of detecting certain aspects in the CJEU’s approach which could further stand to be improved following the example of ECtHR’s activist environmental jurisprudence as a viable avenue for initiating the currently missing dialogue between the two courts in the matter of environmental rights.
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 7
    facet.materialart.
    Unknown
    Oxford University Press
    Publication Date: 2016-07-13
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 8
    Publication Date: 2016-07-13
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 9
    Publication Date: 2016-07-13
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 10
    Publication Date: 2016-07-13
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 11
    Publication Date: 2016-07-13
    Description: Through a three-year revision involving various stakeholders, China has enacted a new Environmental Protection Law ( EPL ). The new law seeks to harmonize economic and social development with environmental protection and for the first time establishes clear requirements for the construction of an ecological civilization. It toughens the penalties for environmental offences with specific articles and provisions for raising public awareness. It also places greater responsibility on local government and law enforcement for the protection of China’s environment. However, many of the problems identified in the old EPL and especially the obstacles to its implementation have not been fully addressed and resolved. Effective environmental governance entails not only environmental laws but also implementation mechanisms, accountability regimes, and institutional arrangements. Raising the status of the EPL and of the general environmental protection apparatus is only the first step to meeting China’s environmental challenges. More efforts in the area of enforcement and implementation will lead China to a cleaner future.
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 12
    Publication Date: 2016-07-13
    Description: The cultivation of genetically modified (GM) crops in the European Union (EU) is highly harmonised, but with persisting conflicts over authority. The European Commission responded to internal and external pressures with a more flexible approach to coexistence, a proposed opt-out clause, and a promise to review the existing EU GM regime, providing an opportunity to consider and suggest paths of development. This article considers the post-authorisation policy-making powers of Member States and subnational regions, in light of subsidiarity-based multilevel governance. It considers the different approaches to risk-centred issues and more general policy choices. Overall, the developments occurring at the EU level are strengthening subsidiarity-based multilevel governance within the GM cultivation regime, but with significant opportunities to improve it further through focussing particularly on the complementary powers, coordination and the regional levels.
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 13
    facet.materialart.
    Unknown
    Oxford University Press
    Publication Date: 2016-05-11
    Description: This analysis piece deals with a landmark case C-461/13, or the Weser case, in which the European Court of Justice settled a years-long dispute over the legal status of the environmental objectives laid down in the Water Framework Directive (2000/60/EC). The Court ruled that the objectives are legally binding: the Member States are for example obliged to refuse authorisation from individual projects estimated to compromise the objectives. The Court also took a strong stance on the so-called non-deterioration principle, ruling that it binds the Member States to such an extent that decline of the quality of the surface waters is no longer allowed. Being so, the Court did acknowledge the possibility of exemption from the now constituted norms, putting the derogation regime created in the Directive in the spotlight. Thus the alleged management planning instrument has turned into a more traditional, formalistic legal tool, affecting individual permitting procedures all across the Union.
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 14
    Publication Date: 2016-05-11
    Description: Climate change is a persistent, pervasive and pernicious problem. Each branch of government, including the judiciary, has a role to play in tackling climate change. Courts can make a meaningful contribution by: providing equal access to justice; determining and not deferring climate change claims; upholding the rule of law; taking and forcing the executive, legislature and private sector to take climate change seriously; explaining and upholding the fundamental values underpinning the law; promoting environmental values and putting a price on them; assisting the progressive and principled development of climate change law and policy; and making reasoned and evidence-based decisions.
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 15
    Publication Date: 2016-05-11
    Description: The article, which is based on a lecture delivered in London in September 2015, addresses the possibilities for adjudication of climate change issues before international courts and tribunals, finding them to be more favourable today than a few years ago. It argues for a role of international courts and tribunals in the determination of factual and scientific matters related to climate change, assessing the possible role of international courts of a more general jurisdiction, such as ITLOS and the ICJ.
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 16
    Publication Date: 2016-05-11
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 17
    Publication Date: 2016-05-11
    Description: The energy transition requires a legal system that promotes the most sustainable forms of energy. This requires a holistic approach that accounts for all effects of energy production throughout the energy chain. This article analyses the presence of holistic elements in the current legal framework of biomass used for energy purposes. It finds that the most advanced example, sustainability criteria for biofuels, applies to only a fraction of all biomass uses, as the applicability is dependent on the production process used and the manner of consumption. Furthermore, the legal framework for biomass accounts for neither all direct effects, nor any indirect effects of production, nor the carbon debt resulting from biomass combustion. All this undermines the assumed sustainability of biomass. As a result, the current legal framework is far from holistic and poorly equipped to promote the most sustainable forms of energy.
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 18
    Publication Date: 2016-05-11
    Description: This article deals with compensation mechanisms for the aftermath of disasters. It claims that there is a necessity to speedily compensate victims of an accident, if this can prevent the occurrence of large societal follow-on damage. In reality this does not often happen. This article takes the entitlement to compensation as given, does not discuss substantive law matters regarding compensation, but deals with procedural aspects of how to actually get this compensation. The main obstacles to fast compensation may be found in lengthy mass litigation. Then again, civil litigation also entails economic advantages. There are law and economics arguments in favour of litigation versus alternative dispute resolution (ADR) solutions. After setting out the theoretical arguments, we discuss some American and European real-life examples of such rapid claims settlement mechanisms: the Gulf Coast Claims Facility (GCCF) and the Belgian compensation fund for technological accidents. The theoretical discussion, enriched by the illustration of the practical examples, will culminate in guidelines on how to set up a rapid claims settlement mechanism.
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 19
    Publication Date: 2016-07-13
    Description: The 2015 Paris Agreement, a product of a deeply discordant political context rife with fundamental and seemingly irresolvable differences between Parties, is an unusual Agreement. It contains a mix of hard, soft and non-obligations, the boundaries between which are blurred, but each of which plays a distinct and valuable role. This article identifies various defining elements of legal character and tabulates the core provisions of the Paris Agreement across a spectrum from those that conform most closely to hard obligations to those that are best characterized as ‘non-obligations’. It explores political drivers for the carefully calibrated mix of hard, soft and non-obligations in the Paris Agreement, as well as the dynamic interplay between them, and their critical importance in delivering an agreement acceptable to all.
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 20
    Publication Date: 2014-11-07
    Description: Over the course of the past few decades, there has been an exponential growth in environmental courts and tribunals (ECTs). At present, over 350 of these specialized fora for resolving environmental disputes exist, spanning across every region throughout the world. Some of the ECTs have been more successful but others have been less successful. This article identifies 12 characteristics that experience suggests are required for an environmental court or tribunal to operate successfully in practice, drawing upon examples from multiple jurisdictions. In identifying best practices, both substantive and procedural, from existing ECTs, this article will assist two groups: first, stakeholders who are in the process of planning or creating environmental courts or tribunals in their jurisdictions and, secondly, stakeholders and countries that are looking to improve the functioning and performance of their own ECTs.
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 21
    Publication Date: 2014-11-07
    Description: Legal education plays an important but under-acknowledged role in anthropogenic environmental change because it shapes and qualifies people to become lawyers, judges and policy makers. Their work can prohibit and legitimate particular environmental practices. The conceptual framework of law, its taxonomy, as taught to students of law, often perpetuates an unsustainable relationship to the environment where it separates questions of entitlement to land and natural resources from questions of responsibility for them. The implication of perpetuating this separation in law curricula is that generations of legal practitioners will remain unlikely to develop a coherent system of environmental law that aligns rights with responsibilities. Environmental education scholar David Orr argues that ‘all education is environmental education’. But legal education often excludes environmental considerations even where these are materially relevant. Given the role of legal education in shaping future law, this article contends that rethinking its categories opens the possibility to create sustainable land use practice laws and policy.
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 22
    Publication Date: 2014-11-07
    Description: This article utilises the concept of interdisciplinarity as a background against which to reflect on the nature of environmental law scholarship. The article argues that, while interdisciplinary scholarship has some tangible benefits in terms of expanding the perimeters of a discipline, the effects of interdisciplinary work are often exaggerated. In fact, interdisciplinary scholarship may have the unintended consequence of entrenching academic disciplines even further. In light of this, it is argued that environmental law scholarship is best perceived and defined as a deliberative practice which takes place within, and speaks to, a specific community of scholars—an interpretive community. In order to secure a vibrant discipline, the article argues that the community ought to maintain a flexible, open-ended and broadly defined approach to environmental law scholarship.
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 23
    Publication Date: 2014-11-07
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 24
    Publication Date: 2014-11-07
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 25
    Publication Date: 2014-11-07
    Description: European Union (EU) legal studies generally picture the Member States’ local and regional authorities as implementers of national and supranational norms rather than independent regulators. Yet, sub-national authorities (SNAs) have become active regulators in the context of climate change mitigation and adaptation, a role not foreseen by EU primary law, which this article understands to constitute the surface of EU law. This article examines regulatory activity of SNAs from the perspective of EU law. It illustrates that sub-national, national, supranational and international actors are engaged in a process of mutual learning and experimentation and that, below its surface, EU law recognises that SNAs are not mere implementers of norms but also independent regulators.
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 26
    Publication Date: 2014-11-07
    Description: This article presents a fresh analysis of the implications of the 2006 judgment of the Court of Justice of the European Union (CJEU) in Case C-244/05 Bund Naturschutz in Bayern , which clarified the standard of legal protection afforded to sites eligible for adoption as Sites of Community Importance (SCIs) under the EU’s Habitats Directive. The article argues that, as a result of this line of case law, it will be unlawful ( at least in certain cases, and perhaps in all) to apply the Article 6(4) Habitats Directive derogation in respect of eligible sites which have not yet been adopted by the European Commission as SCIs. The Commission appears to have been aware of this potential implication, and acted swiftly to minimise the potentially disruptive impact of the judgment on plans and projects within the EU. The article also considers the relevance of the CJEU’s Sweetman judgment ( C-258/11 ) to the Bund Naturschutz in Bayern line of jurisprudence.
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 27
    Publication Date: 2014-11-07
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 28
    Publication Date: 2014-11-07
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 29
    Publication Date: 2014-11-07
    Description: What does the specialised nature of an environment court entitle it to do? The recent decision of the New Zealand Supreme Court in Environmental Defence Society Incorporated v Marlborough District Council (‘the King Salmon case’)[2014] NZSC 38 helps to answer this question. For the past 20 years, the New Zealand Environment Court has decided applications within a framework of the broadly defined statutory purpose of sustainable resource management. The King Salmon case narrows this wide discretion. This article analyses the implications of the decision, suggesting that it helps to delineate between functions of specialist environment courts that may be considered appropriate (adjudicative and legislative fact finding) and decision-making that strays too far into the policy-sphere.
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 30
    Publication Date: 2014-11-07
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 31
    facet.materialart.
    Unknown
    Oxford University Press
    Publication Date: 2014-11-07
    Description: This article compares the protection from unnecessary suffering afforded to wild animals with that afforded to domesticated animals and animals under human control. It considers various forms of species-specific biodiversity- and conservation-based protection for wild animals, under legislation such as the Wildlife and Countryside Act 1981 and the Conservation of Habitats and Species Regulations 2010, as well as the general protection from intentionally inflicted unnecessary suffering afforded to wild mammals under the Wild Mammals (Protection) Act 1996. The article then compares the standard of protection afforded to wild animals with that afforded to non-wild animals under section 4 of the Animal Welfare Act 2006, which criminalises unnecessary suffering unreasonably caused to non-wild animals.
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 32
    Publication Date: 2020-10-09
    Description: This article discusses the regulation of ‘substances of concern’ in the circular economy (CE) in the European Union (EU). It analyses the tensions and obstacles that the present sectoral separation of waste, product and chemicals legislation sets for the development of the CE. We argue that in a longer term perspective the aim should be to erase the border between waste and chemicals regulation and create a single regime for the regulation of materials and their flow. However, the eventual aim of such non-toxic material circulation can be achieved only via precautious transitional measures that outweigh the costs and benefits of each material flow and set restrictions for the particular substances of concern. Regulatory actions addressing the risks posed by the substances of concern in the waste-based material flows are urgently needed. New measures are necessary to protect human health and the environment and to support the development of the markets for the secondary materials.
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 33
    Publication Date: 2016-05-11
    Description: The 2009 Copenhagen Accord marked a significant shift in global climate governance which has been substantially adopted in the 2015 Paris Agreement. At Copenhagen, binding targets for states to reduce emissions were replaced by voluntary pledges. We argue that the Polanyian ‘double movement' offers a useful lens to understand the Copenhagen shift in global climate governance as part of ongoing contestation in the international law system between principles of economic liberalisation and redistributive intervention. In the second half of the 20th century, redistributive design of international legal institutions became evident in a number of issue areas including trade law, oceans law and the seminal climate treaties. However, there has been ongoing US lead opposition to ‘redistributive multilateralism’ (RM), particularly over the last decade of climate negotiations. The Copenhagen model of voluntary pledges, therefore, needs to be viewed as an outcome of this opposition to RM and a related weakening of differentiation in international environmental law.
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 34
    Publication Date: 2016-05-11
    Description: Complexity theory has been highly influential within environmental studies circles, including among environmental legal scholars. The focus of the majority of this research has been on the implications of complex natural systems for policymaking; how best to design and implement public policy instruments in the context of complex natural systems in order to achieve desired objectives. Far less attention has been paid to the application of complexity theory to the policy process itself. This article addresses this gap by looking at what complexity theory adds to the study of environmental policymaking. To do this, the article builds a bounded model of environmental policymaking based on a meta-analysis of the existing non-complexity related theoretical and empirical policy literature. The model is used to illustrate how complexity theory changes and how environmental policy processes are perceived and studied.
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 35
    Publication Date: 2016-05-11
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 36
    Publication Date: 2015-06-30
    Description: Given their rapidly increasing contribution to the climate change problem, calls for regulation of emissions from the international aviation sector have become stronger in recent years. The Kyoto Protocol has delegated the adoption of mitigation measures to the International Civil Aviation Organization (ICAO), with only modest results to date. A core challenge in crafting international regulation for international aviation emissions is the differential treatment of developed and developing countries in a sector that is otherwise characterised by equality of treatment. This article shows how the ICAO has struggled to find a balance between the two approaches, and traces the evolution of the European Union’s approach to differentiation, which included international aviation in its emissions trading system as of 2012. We argue that reconciling differential and equal treatment is likely to include the use of contextual norms applying differential treatment at the implementation stage, specifically through financial, technological, and capacity-building assistance arrangements.
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 37
    Publication Date: 2015-06-30
    Description: This articles examines in detail the rhetorical means most commonly used in debates on environmental regulation. The article argues that debates on whether and how to regulate in the context of the environment often take the form of a predictable toing and froing between participants in such debates. The primary reason for this is found in the all too common reliance of participants on ready-to-hand arguments. By way of illustration, the article makes use of debates surrounding hydraulic fracturing in the UK in the form of the recently enacted Infrastructure Act 2015. The article concludes that the reliance on predictable means of rhetorical moves runs the risk of taking place at the expense of attempts to find a constructive middle-ground.
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 38
    Publication Date: 2015-06-30
    Description: The Water Framework Directive is innovative in EU law, and the informal role of the Common Implementation Strategy (CIS) guidance documents makes the Directive’s regulative space complex. This analysis raises questions about the legitimacy of interpretative elements found in CIS guidance. The CIS interpretations seem to result in only one element of ‘ecological status’ being assessed (structure, and not functioning), generally weakening the obligation of ‘good ecological status’. Using ecological knowledge in guidance that contradicts the main legal construct on which it is based raises questions about the CIS, and also the ‘legal effect’ bar established by the Court of Justice, as the CIS may produce guidance documents to the Directive that alter the legally binding objective, although not providing enough legal effects for a review.
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 39
    Publication Date: 2015-06-30
    Description: As the bridge between science and regulation, risk assessment is an important area of study where generalisations underlying scientific evidence are employed to fulfil legal criteria found in protective statutes. Scientific generalisations in risk assessment often assume the form of presumptive default inferences that function as rules of evidentiary evaluation in the presence of uncertainty. There are no definitive criteria to determine when a body of scientific evidence effectively rebuts a protective standard or assumption of harm established by an administrative agency. In 2011, the Government of Canada established the first Board of Review under the Canadian Environmental Protection Act 1999 in response to an industry led rebuttal concerning the protective regulation of the chemical Siloxane D5. A default logic framework is used to model and visually depict the Board’s reasoning at a critical rule–evidence junction to examine how scientists can become regulators through the imposition of default inference.
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 40
    Publication Date: 2015-06-30
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 41
    Publication Date: 2015-06-30
    Description: Fracking in England has been the subject of significant controversy and has sparked not only public protest but also an associated framing war with differing social constructions of the technology adopted by different sides. This article explores the frames and counter-frames which have been employed by both the anti-fracking movement and by government and the oil and gas industry. It then considers the way in which the English planning and regulatory permitting systems have provided space for these frames within the relevant machinery for public participation. The article thus enables one to see which frames have been allowed a voice and which have been excluded.
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 42
    Publication Date: 2015-06-30
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 43
    Publication Date: 2015-06-30
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 44
    Publication Date: 2015-06-30
    Description: The article argues that regional environmental governance in the Arctic, specifically the Arctic Council, can offer lessons that might inform governance in other regions in the world. For almost 25 years of continued regional-level work Arctic actors have been testing various approaches, and embracing those that have proven effective. Innovations in Arctic environmental governance have emerged both due to larger politico-legal changes and institutional, internal or reflexive learning. In the complex landscape of multi-level environmental governance, regional organisations need to continuously find their niche, learn and adapt. A discussion of the concept of organisational learning helps to understand the nature of the learning processes. This process is visible in the change of the Council’s focus from normative activities towards large-scale scientific assessments. The characteristics of the Council that facilitated learning, primarily its structural flexibility, are highlighted.
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 45
    Publication Date: 2015-06-30
    Description: The recent decision of the Court of Appeal in Venn v Secretary of the State for Communities and the Local Government provided necessary clarification on the application of the current costs protection regime in cases within the scope of the Aarhus Convention. The case made the problematic features of the new costs rules explicit in ensuring access to environmental justice. Prohibitively expensive and unpredictable litigation costs in environmental litigation, a traditional feature of English law, are principally addressed through the implementation of the third pillar of the Aarhus Convention. Article 9(4), the key provision, provides that access to justice should be ‘fair, equitable, timely and not prohibitively expensive’. The recent amendments to the Civil Procedure Rules (CPR 45.41–45.44 and Practice Direction 45) reflect an urgent, but superficial, attempt to secure compliance with the Convention. This case note discusses the specific criticisms of CPR 45.41, and the broader implications of the case concerning the legal status of the obligations under the Aarhus Convention, the relationship between environmental justice and procedure, and the nature of environmental law and policy.
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 46
    Publication Date: 2015-06-30
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 47
    facet.materialart.
    Unknown
    Oxford University Press
    Publication Date: 2015-06-30
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 48
    Publication Date: 2015-04-04
    Description: Member States retain the right to decide who can receive renewable energy subsidies, and can exclude green electricity produced abroad from subsidy programmes. With its decision in the Ålands Vindkraft case, the European Court of Justice assured the continued existence of renewable energy subsidy programmes in various European Union Member States. While the judgment was welcomed by many political stakeholders, it highlights a number of unresolved legal questions. To date, the Court of Justice of the European Union (CJEU) has failed to clarify if and when discrimination against foreign goods is permitted for reasons of environmental protection. The problems that remain in the wake of the Ålands Vindkraft decision argue in favour of abandoning the existing distinction between discriminatory and non-discriminatory subsidy measures. With its decision, the CJEU has granted Member States broad leeway to conduct their own assessment of the proportionality of a measure. All in all, renewable energy providers have reason to celebrate; however, the goal of creating a single European market for electricity has fallen by the wayside.
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 49
    Publication Date: 2015-04-04
    Description: Negotiations are currently underway for a new global compact on climate change, to build on the United Nations Framework Convention on Climate Change (UNFCCC). This article asks whether the UNFCCC is adequate to the task or whether, despite the urgency of the need to agree a path ahead, it would be more appropriate to supplant, rather than further to supplement, the UNFCCC. The article answers this question through application of the theory of Cognitive Structures of Cooperation (CSC Theory) and the light it sheds on the role of the foundational treaty in a multi-treaty regime. Applied to the UNFCCC CSC Theory suggests that despite incorporating a rich tapestry of ideational components, the UNFCCC does not offer a strong conceptual basis on which to build further and recommends reappraising the assumption that a new agreement be concluded on the same basis.
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 50
    facet.materialart.
    Unknown
    Oxford University Press
    Publication Date: 2015-04-04
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 51
    facet.materialart.
    Unknown
    Oxford University Press
    Publication Date: 2015-04-04
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 52
    Publication Date: 2015-04-04
    Description: A ‘burden reducing’ agenda has spurred an increased interest in how EU environmental legislation is transposed into national legislation—most prominently reflected in the principle of ‘no gold-plating’. Yet, an important question is to what extent transposition principles and practices may ensure a coherent and accessible body of environmental legislation, while at the same time ensuring adequate transposition of EU environmental legislation. This article analyses the existence, or emergence, of transposition principles and practices in three Member States—the United Kingdom, the Netherlands and Denmark. It also examines how EU initiatives may influence these principles and practices. The article concludes that the steering of transposition processes by general transposition principles and objectives alone, and in particular those dominated by a ‘burden reducing’ agenda, has a limited focus on coherence and accessibility with respect to environmental legislation and that such issues deserve more attention in the transposition process.
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 53
    Publication Date: 2015-04-04
    Description: This article presents some fresh reflections on participation in environmental decision-making by focussing on the case of newly designated Marine Conservation Zones (MCZs) under the Marine and Coastal Access Act 2009. The article draws on empirical research conducted by the author with South-East fishermen, considering their perceptions of the designation process. Julia Black’s distinction between ‘thin’ and ‘thick’ proceduralisation serves as a theoretical basis to explain fishermen’s perceptions of the process of designation of MCZs but it is then complemented by observations on knowledge construction and representation, following critical social sciences writings on nature conservation. The argument put forward is that the process of designation of MCZs is an example of ‘thin’ proceduralisation and that a move towards ‘thicker’ forms would benefit from acknowledging the existence of multiple knowledges within each participant and from deconstructing the dichotomy between socio-economic and ecological aspects in thinking about conservation.
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 54
    facet.materialart.
    Unknown
    Oxford University Press
    Publication Date: 2015-04-04
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 55
    Publication Date: 2015-04-04
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 56
    Publication Date: 2015-04-04
    Description: The ecosystem approach, broadly understood as a legal and governance ‘strategy for the integrated management of land, water and living resources’ is being increasingly adopted within a wide variety of international environmental legal regimes. From freshwater to oceans, from biodiversity to fisheries, from Antarctica to climate adaptation, the approach provides a narrative, a policy approach and in some cases legally binding obligations for States to implement what has been called a ‘new paradigm’ of environmental management. Responding to hopes of arresting, and reversing, the increasingly negative trends of resource depletion and ecological degradation affecting most ecosystems in the world, the ecosystem approach promises to ‘protect the environment, maintain healthy ecosystems, preserve biological diversity, and achieve sustainable development’, all at once. This article problematises the ecosystem approach in order to highlight its complex genealogies, and its contested and slippery character, which makes it susceptible to discursive capture by competing narratives.
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 57
    Publication Date: 2015-04-04
    Description: This article examines a small body of decisions on applications for nationally significant wind energy projects under the Planning Act 2008, focussing on the ways in which Examining Authority reports respond to concerns expressed by publics. We draw three closely related conclusions. First, while there is nuance and flexibility, national policy tends to limit the scope for dissenting views to bear much weight, if any, in decision-making. Secondly, the strong national policy support for nationally significant wind farm development means that in many cases the Examining Authority is trying to find a way to deal with the publics’ concerns without dismissing them completely or classifying them as unimportant, and yet still allow the development to proceed. This leads to a focus on mitigation; a ‘how not whether’ approach to participation. Finally, albeit a little more tentatively, we conclude that these decisions confirm studies in a range of areas and jurisdictions that suggests a preference among decision makers for expert over lay constructions of knowledge.
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 58
    Publication Date: 2014-04-17
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 59
    facet.materialart.
    Unknown
    Oxford University Press
    Publication Date: 2014-04-17
    Description: Stewardship is a broad concept that is used in different disciplines, in a variety of different ways. Even within discrete disciplines there is plurality in the concept, so for example, in environmental law, stewardship constitutes a general, universal duty to care for the planet, but also a specific duty requiring landowners to carefully manage their land. This multiplicity of uses has led to conceptualisations too imprecise for it to have analytical utility. In order for stewardship to be an effective concept with which to analyse and inform environmental law, this article maps the different permutations of the concept according to a network of actors and interests, and a spectrum of relationships and duties.
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 60
    facet.materialart.
    Unknown
    Oxford University Press
    Publication Date: 2014-04-17
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 61
    Publication Date: 2014-04-17
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 62
    Publication Date: 2014-04-17
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 63
    Publication Date: 2014-04-17
    Description: The recent decision of the High Court (Administrative Court) in Thames Water v Bromley Magistrates’ Court [2013] EWHC 472 (Admin), [2013] Env LR 25 exemplifies the tensions present in the interpretation of environmental offences. The court’s conclusion that unintended escapes can be deposits for the purposes of section 33(1)(a) Environmental Protection Act 1990 is based on faulty reasoning, both as a matter of authority, and as a matter of policy. The appeal of taking a purposive approach to such an interpretative task is apparent, but so too are the dangers of taking an expansive approach. The decision is based on an approach that leads to unacceptable uncertainty and which should not be adopted in future cases. This case note discusses the results of treating the definition of ‘deposit’ as a question of fact, not law; the practicability of taking a ‘purposive approach’ to this definition; and the relevance of the criminal law context.
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 64
    Publication Date: 2014-04-17
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 65
    facet.materialart.
    Unknown
    Oxford University Press
    Publication Date: 2014-04-17
    Description: This article considers and reviews the judgment of the European Court of Justice in Case C-237/07 Dieter Janecek v Freistaat Bayern [2008] ECR I-06221, which followed a reference for a preliminary ruling by the Bundesverwaltungsgericht in Germany. It also considers later German cases concerning the law on air quality plans. The analysis elucidates the aims and legal scope of EU air quality law and reflects on the questions referred to the Court of Justice of the European Union by the UK Supreme Court following the judgment in R (on the application of ClientEarth) v The Secretary of State for the Environment, Food and Rural Affairs [2013] UKSC 25.
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 66
    Publication Date: 2014-04-17
    Description: The Millennium Development Goals (MDGs) included a target to halve the proportion of people without sustainable access to safe drinking water by 2015—a right recognised as fundamental to human needs. Small independent water vendors are often the only water supply option in peri-urban neighbourhoods in developing countries and fill a critical gap in the municipal system, but there is concern about the quality and price of their water. Such vendors need to be recognised and regulated due to their role in meeting basic water needs. This article reflects on the lack of regulation and discusses a recent multidisciplinary research project in Kenya and Ethiopia that considered whether there is a case for regulation of competition, price and quality. It concludes that recognising small independent water vendors as part of a regulatory framework will result in increased access to water for the poor and assist in the realisation of the MDGs, the right to water and intergenerational equity.
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 67
    Publication Date: 2014-04-17
    Description: Climate change demands new forms of environmental decision-making. The concept of adaptive management can contribute to this transformation. Adaptive management recognises the dynamism of natural systems and the importance of monitoring, review, and modification of projects, plans and activities in response to new understanding. As the dominant approach in natural resource management, it finds remarkably little explicit reflection in legal frameworks. Five key mechanisms are advocated by which to implement adaptive management in law: changing statutory objectives; requiring monitoring and evaluation of projects, plans and activities; staged approvals processes; conditional approvals and statutory triggers; and proportionate resource allocation models. Wider use of these flexibility mechanisms would enable environmental decision-making to respond to the impacts of climate change, while continuing to provide a level of legal certainty. Their uptake requires shifts in the institutional culture of administering agencies and the assumptions underpinning current approaches to environmental and resource management law.
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 68
    Publication Date: 2014-04-17
    Description: Groundwater law in India gives individual landowners overwhelming control over groundwater. This is inappropriate in a context where groundwater is now the main source of water for the realisation of the human right to water. This also fails to provide the basis for effective protection of groundwater at aquifer level. Increasing dependence on groundwater for all the main water uses has made the need for reforms of the legal framework increasingly acute. This article argues that groundwater law must be reconceived around a new set of principles that recognise the common nature of groundwater, its importance in realising the human right to water, the need for a governance framework starting at the local level and the need for a strong aquifer protection regime. The proposed new framework is then examined in the context of the Groundwater Model Bill, 2011 that reflects in large part this new framework.
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 69
    Publication Date: 2014-04-17
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 70
    Publication Date: 2014-04-17
    Description: Compliance is a precondition for a regulatory system to be effective. This article analyses the drivers behind non-compliance and ways of enhancing compliance by empirically investigating the assumptions of compliance theories in the regulation of biodiversity conservation in private forests in Finland. The article shows that institutional factors, such as the characteristics of the decision-making procedure and the roles professional forest organisations, as well as market pressure on large corporate actors, explain to a large extent the identified low level of non-compliance. Knowledge, information and coordination are identified as the most important bottlenecks in the enhancing the implementation of regulation on habitat conservation. We propose the following combination for the promotion of compliance: building on a cooperative strategy by improving the knowledge base and sharing; following a responsive regulation strategy by maintaining existing deterrence tools; and applying true smart regulation through more ambitious institutional arrangements for engagement with new third parties.
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 71
    Publication Date: 2014-04-17
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 72
    facet.materialart.
    Unknown
    Oxford University Press
    Publication Date: 2016-05-11
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 73
    Publication Date: 2016-05-11
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 74
    Publication Date: 2016-05-11
    Description: Directive 2014/52/EU, amending the Environmental Impact Assessment (EIA) Directive, was adopted in April 2014 after a comprehensive review and consultation process conducted by the European Commission. The amendments are extensive, affecting almost every Article of the pre-existing legislation and introducing important additions. This note discusses the main changes, divided into four broad categories: ‘purely’ procedural requirements, screening, quality and monitoring. The intention is to highlight the potential benefits of the revision, as well as to indicate some remaining gaps and shortcomings. Although not revolutionary, the 2014 amendments constitute an important stage in the development of the EU EIA regime, in particular due to the more prominent role accorded to legal obligations in shaping the EIA process. The Directive is now a more detailed, structured and sophisticated legal instrument, which has the potential to deliver better environmental decision-making by encouraging deeper engagement with environmental issues by developers and competent authorities.
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 75
    Publication Date: 2013-11-22
    Description: This comment analyses the relationship between climate law and environmental law. It examines this relationship from both a normative and a descriptive point of view. Normatively, it brings together various strands from some of the existing literature to form an overall model of the relationship—looking at ‘crowding out’, ‘crowding in’, ‘climate exceptionalism’ and adding in ‘climate unexceptionalism’. In descriptive terms, it considers, inter alia , ‘super wickedness’, instruments and governance, mitigation and adaptation.
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 76
    facet.materialart.
    Unknown
    Oxford University Press
    Publication Date: 2013-11-22
    Description: The polycentric, interdisciplinary, normative and scientifically uncertain nature of environmental problems leads to a body of environmental law in which it can be difficult to settle on a single frame for understanding a problem and thus to identify relevant parties, the relationships between them, and the courses of action that can be taken. Using Michel Callon’s terminology this can be understood as ‘hot situations’ leading to ‘hot law’. In this Introduction to the Special Issue celebrating 25 years of the Journal of Environmental Law the nature of ‘hot environmental law’ is considered, as is the role of environmental law scholarship.
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 77
    Publication Date: 2013-11-22
    Description: The launch of the Journal of Environmental Law coincided with the first proposals in England and Wales for a specialised environmental court or tribunal. Nearly 25 years later an environmental tribunal has now been established. The long saga provides an important reflection of competing visions of the role of environmental law, and a lesson in the role that chance and opportunism plays in significant policy development.
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 78
    Publication Date: 2013-11-22
    Description: This article considers the unwieldy state of UK environmental legislation in 2013, after 25 years of innovation, ad hoc reform and political change. It shows that an appraisal of UK environmental legislation involves considering much more than primary legislation emanating from Westminster—secondary legislation, devolved legislative instruments, policy documents and administrative norms all serve to constitute and inform the legislative picture. Through this wide analytical lens, the article considers legal problems that characterise UK environmental legislation today, from undermining of the rule of law due to its inaccessible complexity, to occupying an awkward place in public law terms. A particular problem is the fragmentation of legislation, and the article examines the case for integrating environmental legislation in a way that does not undermine the flexibility and institutional expertise that more focused legislation allows. The article offers not only a method for analysing the current UK environmental legislative landscape, but suggests routes for reform that might now be considered.
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 79
    Publication Date: 2013-11-22
    Description: In this article we consider the economic ideas that have influenced climate disruption law both in the USA and the EU. Although economic thought has led to the adoption of ‘market-based’ mechanisms in both places, its impact has been different: it created regulatory inertia in the USA, and green leadership in the EU—at least with respect to responding to climate disruption. We argue that different culture-specific economic conceptions about appropriate policy and policy analysis may help explain this divergence, thereby illustrating both various economic ideas and their distinct impact on climate law, as well as the need for environmental lawyers to engage with a discipline outside their own.
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 80
    Publication Date: 2013-11-22
    Description: The 25th Anniversary of the Journal of Environmental Law offers an opportunity to review the content of the Analysis section of the Journal, charting how it began life with an intention to report cases as well as to offer an analysis of them. The broad coverage of the section over 25 years is explored to allow discussion of the development of environmental law as a discipline over this time. In particular the role of a comment section is considered in an era in which news of legal developments and critiques of these are available contemporaneously from a multiplicity of sources. With this in mind, the future of Analysis is debated.
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 81
    Publication Date: 2013-11-22
    Description: During the two decades spanning the turn of the past century, the Court of Justice of the EU delivered a steady stream of preliminary rulings and judgments in actions for infringement that related to important and novel legislation on waste and environmental impact assessment. This article considers the significant contribution made by these cases, both to the interpretation of fundamental specific concepts underpinning both the Waste Directive and the Environmental Impact Directive and to the development of general principles of EU law in fields such as the direct effect of directives, aspects of implementation of directives, and judicial protection and enforcement. In the context of both the particular legislation at issue and the general principles relevant to its application, the Court’s rulings in these superficially narrow areas have dramatically advanced the scope and effectiveness of the directives and the evolution of critical principles.
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 82
    Publication Date: 2013-11-22
    Description: This article explains and analyses key trends in the environmental jurisprudence of international courts and tribunals over the past decade. It starts by discussing the different jurisdictional bases that are available to bring environmental claims at the international level, as well as some of the problems that arise from the current consent-based system of international dispute settlement. The article then turns to examine the growing cross-fertilisation that is evident in the environmental case law. The article provides examples of this phenomenon in relation to the interpretation of substantive rules on environmental protection and in relation to the development of procedural mechanisms to deal with certain challenging aspects of environmental litigation.
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 83
    facet.materialart.
    Unknown
    Oxford University Press
    Publication Date: 2013-11-22
    Description: The book review is assumed in some quarters to be vulnerable to the many other pressures that supply the ether of the modern academic world. This article offers an avowedly upbeat view, arguing that the review is not only surviving but that at its best it affords distinct advantages, not available in other formats, in the marshalling and wider dissemination of information and narrative argument. The analysis offers both a general perspective and one that is mindful both of experience across 25 years of the Journal of Environmental Law and of the vital demands for a lively and informed wider discourse in and around the field of environmental law.
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 84
    Publication Date: 2013-11-22
    Description: This article considers how far the climate change regime is an exemplar of international environmental law as well as public international law. We focus on five issues: the nature and extent of differentiation in favour of developing countries, the role of soft law, the dynamics of decision-making in multilateral negotiations, the contribution of dispute settlement, and the impact of (and assumptions underlying) scholarly offerings in this field. This article argues that the climate regime has both benefited from normative developments elsewhere as well as contributed to such developments (for instance, as regards the use and absorption of soft law within the regime). The article concludes with a reflection on legal scholarship and climate change and seeks to externalise the challenges, demands, choices and values of those who contribute to the discussion, to recognise the benefit of diversity.
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 85
    facet.materialart.
    Unknown
    Oxford University Press
    Publication Date: 2013-11-22
    Description: The article considers domestic environmental case law decided between 1989 and 2013. In 1989, the term ‘environmental law’ was hardly recognised in academic or practitioner circles and environmental litigation remained quite undeveloped in the United Kingdom. Twenty-five years on, environmental law is a distinctive and mature specialism. Environmental cases decided between 1989 and 2013 reveal three broad themes: the development of domestic environmental law has been dominated by European Union law; environmental public law has become a distinctive body of public law; and there are ongoing tensions between the role of statutory regulation and the common law in protecting the environment. The article discusses the themes and how they have developed before concluding with a selection of the top five cases over the past 25 years.
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 86
    Publication Date: 2013-11-22
    Description: This article is about how we look at EU chemicals law. It brings together the past and present of five decades of EU chemicals law in the hope that it may lead to a better understanding of the future potential and evolution of law in the area. The article tells a story of EU legislative centralisation, colonisation and standardisation. We argue that these historical trends have aroused certain expectations about the role and functioning of modern EU chemicals regulation in REACH. These expectations, we argue, are often unrealistically high, misplaced or at times unnecessarily low. The challenges set out in our article suggest that EU chemicals regulation in its current form is set up largely to fail. Moreover, we argue that these problems make a case for the radical reorientation of regulatory goals, values and practices and indicate that the biggest challenge in chemicals policymaking is not necessarily to meet expectations but to manage them more effectively.
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 87
    Publication Date: 2016-11-25
    Description: The notion of public participation in environmental decision-making remains ambiguous and unsettled. This article critically reflects on the conceptual nature of participation, focusing on wind energy developments. It points to an overlooked, but conceptually significant, distinction between models of engagement directed to ‘participation’ and those aimed at ‘public acceptance’. By simply offering a shadow of participation, models of public acceptance are problematic and make the normative and substantive justification of the decision inevitably more fragile. Analysing two major wind projects in England and Wales and their underlying legal and policy framework, the article explores the role of mitigation measures and the under-researched potential for developer-led community benefits to provide participatory space. In the light of logic of acceptance, it suggests that the participatory orientation of mitigation measures within planning law should be acknowledged and strengthened, while the potential for community benefits to constitute alternative fora for community participation should be explored.
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 88
    Publication Date: 2016-11-25
    Description: Thomas Schoenbaum’s article in this Journal (Liability for Damages in Oil Spill Accidents: Evaluating the USA and International Law Regimes in the Light of Deepwater Horizon (2012) 12 JEL 395) highlighted the difference between the US oil liability regime and the international regime, which is limited to oil spills from ships carrying oil as cargo in bulk, an issue of particular relevance due to the litigation arising out of the Deepwater Horizon blowout. The present article will review the EU’s response to Deepwater Horizon, culminating in the Offshore Safety Directive 2013 that came into effect in the UK on 19 July 2015, and will analyse the current legal regime in the UK for dealing with a catastrophic spill in UK waters.
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 89
    facet.materialart.
    Unknown
    Oxford University Press
    Publication Date: 2016-11-25
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 90
    Publication Date: 2016-11-25
    Description: According to Principle 10 of the 1992 Rio Declaration, ‘[e]nvironmental issues are best handled with the participation of all concerned citizens, at the relevant level.’ This idea has spurred the international community to take progressive steps towards creating a space for the public in environmental governance, especially by entrenching the concept of ‘public participation’ in various international environmental instruments. The 2010 Bali Guidelines is a recent example. Although it has not been as visible as many would have expected, this article is an effort to breach this gap and espouse the significance and potential of the guidelines in deepening environmental democratic rights the world over.
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 91
    Publication Date: 2016-11-25
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 92
    Publication Date: 2016-11-25
    Description: This article examines the enforcement of waste law in Northern Ireland. It considers how a legacy of historical failures to enforce legislation in conjunction with inadequate arrangements for the delivery of environmental regulation continues to frustrate environmental protection efforts in this jurisdiction. The article demonstrates that challenges associated with delivering waste regulation faced by other UK environmental regulators are more acute in Northern Ireland due to a range of distinctive circumstances and the response of the devolved government in addressing these issues has so far achieved only limited success. The article concludes that a significant shift in enforcement culture and practice in Northern Ireland is necessary in order to ensure enforcement action against waste criminals is effective, but that ultimately fundamental structural changes to the architecture of environmental regulation are required.
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 93
    Publication Date: 2014-06-28
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 94
    Publication Date: 2014-06-28
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 95
    Publication Date: 2014-06-28
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 96
    Publication Date: 2014-06-28
    Description: In many European countries, a paradigm shift from technically oriented flood protection to a holistic approach of flood risk management is taking place. In Germany, this approach is currently being implemented after several amendments of the Federal Water Act. The paradigm shift is also reflected in the theoretical structure of the legal stipulations. While the former regulations of flood protection were predominantly conditions-based, linked with clear preconditions and legal consequences, the legal implementation of the flood risk management approach is accompanied by an increase of goal-oriented, performance-based regulations. This contribution discusses the interrelationship between the two legislative approaches and the specific challenges for the administration. Flood risk management, as a policy field, requires the law to provide robustness but also flexibility. It is concluded that the German way could accidentally provide a viable answer to this dilemma. The conclusions drawn for the flood risk management in Germany might be applicable also to other policy fields and even outside Germany.
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 97
    Publication Date: 2014-06-28
    Description: This article discusses the continuing legal complexities and challenges that exist in balancing the interests of mining and conservation in protected areas, through an exploration and critical analysis of the law relating to mining and protected areas in South Australia, and a case study of the recent controversy over mining in the Arkaroola Wilderness Sanctuary. The analysis of the legal regime demonstrates a hierarchy in procedural protection, with areas of public land with very high conservation values at the top of the hierarchy, and private land generally at the bottom. The resolution of the conflict over mining in Arkaroola, and reforms subsequently proposed to South Australia’s system of protected areas, suggest new ways to better protect conservation from mining on private land.
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 98
    Publication Date: 2014-06-28
    Description: The decision of the UK Supreme Court in the HS2 appeal considers some of the leading decisions of the Court of Justice of the EU on both the SEA and EIA Directives. In a number of important respects, the Supreme Court finds that the CJEU’s decisions are unsatisfactory, at least from the point of view of a domestic supreme court which is called on to apply those decisions within the domestic constitutional order. Although the challengers to the HS2 scheme lost the appeal on both the SEA and EIA grounds, the Supreme Court has used the case to make some far-reaching observations on the relationship between EU law and UK constitutional law. These observations make the HS2 decision a landmark in modern British constitutional law.
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 99
    facet.materialart.
    Unknown
    Oxford University Press
    Publication Date: 2014-06-28
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
  • 100
    Publication Date: 2014-06-28
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
    Location Call Number Expected Availability
    BibTip Others were also interested in ...
Close ⊗
This website uses cookies and the analysis tool Matomo. More information can be found here...