Eu Environmental Principles And Scientific Uncertainty Before National Courts
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Eu Environmental Principles And Scientific Uncertainty Before National Courts
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Author : Mariolina Eliantonio
language : en
Publisher: Bloomsbury Publishing
Release Date : 2023-04-20
Eu Environmental Principles And Scientific Uncertainty Before National Courts written by Mariolina Eliantonio and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-04-20 with Law categories.
This comparative book explores the dynamics driving how courts across Europe and beyond understand and analyse scientific information in nature conservation. The Habitats and the Birds Directives-the core of EU nature conservation law-are usually seen as the most 'uniform' parts of EU environmental law. This book analyses the case law from 11 current and former EU Member States' courts and explores the dynamics of how, and crucially why, their understandings of scientific uncertainty on the one hand, and EU environmental principles on the other, vary. The courts' scope and depth of review, access to scientific knowledge, and scientific literacy all influence such decisions-as does their interpretation of norms and principles. How have the courts evaluated scientific evidence, encompassing its essential uncertainties? This book answers this and many more questions pertinent to EU environmental law, comparative environmental law, administrative law, and STS studies. Co-edited by experienced leaders in the field, and with outstanding contributors, this book is an essential guide to the dynamics of nature conservation law.
Eu Environmental Law And The Internal Market
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Author : Nicolas de Sadeleer
language : en
Publisher: OUP Oxford
Release Date : 2014-01-09
Eu Environmental Law And The Internal Market written by Nicolas de Sadeleer and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-01-09 with Law categories.
For some, a protectionist policy underlies most environmental measures. Lawyers working in the area of fundamental freedoms are very accustomed to discussing all issues within a free market framework and therefore often come to market-friendly decisions. Similarly, while environmental law has taken on a renewed intensity at European level, the tendency has been to analyse the subject rather narrowly, and studies fail to address the impact of environmental law on market integration. Written by one of the foremost experts in the area, the book challenges current thought and re-assesses the rules of economic integration within an environmental framework. In so doing, it bridges the gap between environmental and trade law and provides a systematic, robust, and practically workable analytical framework of the conflicts opposing rapidly evolving environmental and climate change measures and internal market as well as competition rules. The book is divided into three parts, beginning with a systematic and in-depth analysis of the key Treaty provisions regarding environmental protection, as well as an overview of secondary environmental law. Part two addresses the compatibility of EU and national environmental protection measures with the provisions of the TFEU on the free movement of goods and services, and the freedom of establishment. Part three examines the compatibility of environmental protection measures with treaty provisions on the freedom of competition and State aids. The book also includes discussion of all major cases handed down by the Court of Justice, highlighting the real impact of the conflicts.
Principles Of European Environmental Law
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Author : Richard Macrory
language : en
Publisher: Europa Law Publishing
Release Date : 2004
Principles Of European Environmental Law written by Richard Macrory and has been published by Europa Law Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Law categories.
The precautionary principle, the polluters pay principle, and similar principles have become embedded in the language of contemporary environment policy. In this important new study, leading European experts in environmental law consider the legal significance of such environmental principles, both in jurisprudential theory and in practice before the courts. The development of the principles within the European Treaty is considered as well as the approach of the European Court of Justice to their interpretation. But it is the interpretation of environmental principles in front of national courts within Europe that forms the heart of the study, with chapters covering a number of the key Europe jurisdictions. The study, the first of its kind, presents a dynamic picture of environmental case law across Europe.
Eu Environmental Principles And Scientific Uncertainty Before National Courts
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Author : Mariolina Eliantonio
language : en
Publisher: Bloomsbury Publishing
Release Date : 2023-04-20
Eu Environmental Principles And Scientific Uncertainty Before National Courts written by Mariolina Eliantonio and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-04-20 with Law categories.
This comparative book explores the dynamics driving how courts across Europe and beyond understand and analyse scientific information in nature conservation. The Habitats and the Birds Directives-the core of EU nature conservation law-are usually seen as the most 'uniform' parts of EU environmental law. This book analyses the case law from 11 current and former EU Member States' courts and explores the dynamics of how, and crucially why, their understandings of scientific uncertainty on the one hand, and EU environmental principles on the other, vary. The courts' scope and depth of review, access to scientific knowledge, and scientific literacy all influence such decisions-as does their interpretation of norms and principles. How have the courts evaluated scientific evidence, encompassing its essential uncertainties? This book answers this and many more questions pertinent to EU environmental law, comparative environmental law, administrative law, and STS studies. Co-edited by experienced leaders in the field, and with outstanding contributors, this book is an essential guide to the dynamics of nature conservation law.
Environmental Principles
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Author : Nicolas de Sadeleer
language : en
Publisher: Oxford University Press
Release Date : 2020-10-30
Environmental Principles written by Nicolas de Sadeleer and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-30 with Law categories.
This book traces the evolution of environmental principles from their origins as vague political slogans reflecting fears about environmental hazards to their embodiment in enforceable laws. Environmental law has always responded to risks posed by industrial society but the new generation of risks have required a new set of environmental principles, emerging from a combination of public fears, science, ethics, and established legal practice. This book shows how three of the most important principles of modern environmental law grew out of this new age of ecological risk: the polluter pays principle, the preventive principle, and the precautionary principle. Since the first edition was published, the principles of polluter-pays, prevention, and precaution have been encapsulated in a swathe of legislation at domestic and international level. Courts have been invoking environmental law principles in a broad range of cases, on issues including GMOs, conservation, investment, waste, and climate change. As a result, more States are paying heed to these principles as catalysts for improving their environmental laws and regulations. This edition will integrate to a greater extent the relationship between environmental principles and human rights. The book analyses new developments including the EU Charter of Fundamental Rights, the case law of the European Court of Human Rights, which has continuously carved out environmental duties from a number of rights enshrined in the European Convention of Human Rights, and the implementation of the UNECE Convention on Access to Information.
European Environmental Law
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Author : Suzanne Kingston
language : en
Publisher: Cambridge University Press
Release Date : 2017-07-20
European Environmental Law written by Suzanne Kingston and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-20 with Law categories.
A critical and contextual overview of European environmental law examining today's key environmental challenges alongside traditional topics.
National Courts And Eu Environmental Law
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Author : J. H. Jans
language : en
Publisher:
Release Date : 2013
National Courts And Eu Environmental Law written by J. H. Jans and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Conflict of laws categories.
This book will look at the 'remedial capacity' of the doctrines direct effect, consistent interpretation and state liabilityfrom from the perspective of the national court applying them.
Environmental Rights In Europe And Beyond
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Author : Sanja Bogojevic
language : en
Publisher: Bloomsbury Publishing
Release Date : 2018-08-23
Environmental Rights In Europe And Beyond written by Sanja Bogojevic and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-08-23 with Law categories.
The growing awareness of an impending environmental crisis coupled with a series of national and regional environmental disasters led, in the 1960s and 1970s, to the birth of the global environmental movement and the widespread recognition of the need to protect the environment for both current and future generations. Against this backdrop the concept of 'environmental rights' surfaced as a means by which claims relating to the environment could be formulated in legal terms and thereby safeguarded. In the decades that followed, this concept has come to encompass many different variations of legal rights, which this book seeks to investigate and assess.
European Environmental Law
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Author : J. H. Jans
language : en
Publisher: Apollo Books
Release Date : 2012
European Environmental Law written by J. H. Jans and has been published by Apollo Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Adaptation (Biology) categories.
"Taking into account new case law of the European courts, recent environmental directives and regulations, and the new provisions of the Lisbon Treaty, this book provides an in-depth analysis of important legal issues of European environmental law. What are the legal grounds for EU environmental policy, and on what principles are directives and regulations based upon? To what extent [are] EU environmental regulations more stringent [than] national environmental standards? What are the requirements the Court of Justice has imposed on the member states implementing environmental directives? How and to what extent can European environmental law be relied upon and challenged before national courts and the European courts? How do the Treaty rules on the internal market and undistorted competition interfere with national environmental policy? Answers to these and other questions can be found in this book. The book discusses all major environmental directives and regulations, integrating important judgments of the Court of Justice on their interpretations. Futhermore, national case law on the application of European environmental law is also ... taken into account"--Provided by publisher.
European Environmental Law
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Author : J. H. Jans
language : en
Publisher:
Release Date : 2000
European Environmental Law written by J. H. Jans and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with EU-ret categories.
This leading monograph on European Environmental Law now completely updated and revised. Taking into account the changes of the 'Amsterdam Treaty', new case law of the Court of Justice and recent environmental directives and regulations. Prof. Jans acclaimed book provides an in-depth analysis of important legal issues of European environmental law. What are the legal grounds for EC environmental policy and on what principles are directives and regulations based upon? To what extent preclude EC environmental directives more stringent national environmental standards? What are the requirements the Court of Justice has imposed on the Member States implementing environmental directives? To what extent can European environmental law be relied upon and challenged before national courts and the Court of Justice? How do the Treaty rules on the Internal Market and undistorted competition interfere with national environmental policy? Answers to these questions can be found in prof. Jans' book. The book discusses all major environmental directives and regulations, integrating important judgments of the Court of Justice on their interpretation. Various national case law on the application of European environmental law is being taken into account. About the author: Prof. Jans (1956) teaches EU law at the Europa Instituut of the law faculty of the University of Amsterdam. He is a member of the Dutch Commission on Environmental Impact Assessment, Vice-Chairman of the Appeal Committee of the Dutch Cartel Authority, and honorory judge at the Assen District Court. He is also member of the editorial boards of the Journal of Environmental Law, SEW, Legal Issues of Economic Integration and The Columbia Journal of European Law.