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• Title:European environmental law / Suzanne Kingston, Veerle Heyvaert, Aleksandra Čavoški.
  
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• Author/Creator:Kingston, Suzanne, 1977- author.
  
• Other Contributors/Collections:Heyvaert, Veerle, author.
  Čavoški, Aleksandra, author.
  
• Published/Created:Cambridge, United Kingdom ; New York, NY : Cambridge University Press, 2017.
  ©2017
  

• Holdings

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  • Location:LAW LIBRARY (level 3)Where is this?
    
  • Call Number: KJE6242 .K56 2017
    
  • Number of Items:1
    
  • Status:Available
    

   
• Library of Congress Subjects:Environmental law--European Union countries.
  
• Description:xxxiv, 527 pages ; 25 cm
  
• Summary:"EU Environmental Law is a critical, comprehensive and engaging account of the essential and emerging issues in European environmental law and regulation today. Suitable for advanced undergraduate and postgraduate students, the book delivers a thematic and contextual treatment of the subject for those taking courses in environmental law, environmental studies, regulation and public policy, and government and international relations. Placing the key issues in context, EU Environmental Law takes an interdisciplinary and thematic approach to help students to better understand the implementation and enforcement of environmental law and policy across Europe. It offers an accessible overview, and links theory with practical applications that will allow students to contextualise the outcomes of legal rules and their impact on public and private behaviours. It provides a definitive account of the subject, examining traditional topics such as nature conservation law, waste law and water law, alongside increasingly important fields such as the law of climate change, environmental human rights law, and regulation of GMOs and nanotechnology"-- Provided by publisher.
  "The aim of achieving a 'high level of environmental protection' was introduced into the Treaties by the Single European Act. Initially, it referred only to the Commission's internal market proposals concerning health, safety, environmental and consumer protection which took 'as a base a high level of protection'. As noted above, Article 191(2) TFEU now guarantees that the Union policy on the environment aims at a high level of protection taking into account the diversity of situations in the various regions of the Union. The aim is also embodied in Article 3(3) TEU, including within the general goals of the Union the achievement of a 'high level of protection and improvement of the quality of the environment'"-- Provided by publisher.
  
• Notes:Includes bibliographical references and index.
  
• ISBN:9781107014701 hardcover
  1107014700 hardcover
  9781107640443 paperback
  110764044X paperback
  
• Contents:Machine generated contents note: History and Development of the European Union's Environmental Policy
  Aims of EU Environmental Policy
  'High Level of Environmental Protection Taking into Account the Diversity of Situations in the Various Regions of the Union'
  Sustainable Development
  Legal Bases and Environmental Guarantee Provisions
  General Legal Bases
  Environmental Guarantee Provisions and Minimum Harmonisation
  Nature of the European Union's Environmental Competences
  Understanding EU Environmental Law and Policy in Context
  Environment, Risk and Science
  Risk and Risk Regulation
  Risk Regulation in the European Union
  Risk Regulation and Critique
  Science and Expertise in EU Law and Policy
  Science, Precaution and Discretion
  Environment and Governance
  From Pollution Control to Strategic Environmental Governance
  Multi-level and Transnational Governance
  Flexible and Decentred Governance
  Good Governance
  Environment, Philosophy and Ethics
  Environment and Geography: The Challenges of Enlargement
  Actors
  European Commission
  Council of the EU
  European Parliament
  European Council
  Court of Justice of the European Union (CJEU) and the General Court
  Other Bodies and Actors
  Economic and Social Committee
  Committee of the Regions (CoR)
  European Environment Agency
  European Investment Bank (EIB)
  European Union Network for the Implementation and Enforcement of Environmental Law (IMPEL)
  Interest Groups
  Public Interest Groups
  Business Interest Groups
  Instruments
  Regulations
  Directives
  Decisions
  Environmental Action Programmes
  Recommendations and other Soft Law Instruments
  Financial Instruments
  LIFE (the Financial Instrument for the Environment Regulation)
  EU Structural and Investment Funds
  Introduction
  Legal Status and Effect of (Environmental) Principles in EU Law
  Precautionary Principle
  Preventive Principle
  Rectification at Source Principle
  Polluter Pays Principle
  Environmental Integration Principle
  Focus on the Integration of EU Economic and Environmental Law and Policy
  Overview
  Environmental Considerations and the Treaty Internal Market Provisions
  Environmental Considerations and Article
  TFEU
  Environmental Considerations and Articles 34-36 TFEU
  Article 34 TFEU and National Measures Promoting Green Energy
  Green Public Procurement
  Introduction: The EU's Changing Regulatory Toolbox
  Understanding Regulatory Choices: Factors and Philosophies Underlying EU Decisions as to Environmental Regulatory Technique
  Environmental Effectiveness
  Economic Efficiency
  Political and Administrative Feasibility
  Flexibility
  Compatibility with Existing EU and National Institutional Frameworks
  Compatibility with Beliefs and 'Ideas'
  Surveying the EU's Environmental Regulatory Techniques
  Hierarchy: Direct or 'Command and Control' Techniques
  Overview
  Flexible Direct Regulation: Framework Directives
  Proceduralised Direct Regulation
  Pros and Cons of Direct Environmental Regulation in the EU
  Market-Based Instruments
  Overview
  Tradable Permit Schemes
  Other Examples of the EU's Embrace of Market-Based Instruments
  Network-Based Approaches: Voluntary Techniques and Corporate Social Responsibility
  Overview
  Enabling Corporations
  Enabling Consumers and Civil Society
  Introduction: Why Environmental (Human) Rights?
  Rights Originating from the Council of Europe
  1950 European Convention for the Protection of Human Rights and Fundamental Freedoms (the ECHR')
  No Right to a Decent Environment
  Article 8 ECHR: Right to Respect for Private and Family Lift
  Article 6(1) ECHR: Right to a Fair Trial
  Article 1 of Protocol No. 1: The Right to Property
  1961 European Social Charter (the 'ESC')
  Charter of Fundamental Rights of the EU (the 'Charter')
  Aarhus Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters
  Aarhus Convention's Approach to Environmental Rights
  Signatories, Ratification and Compliance
  Aarhus's Three Substantive Pillars
  Access to Information
  Public Participation
  Access to Justice
  Implementation of the Aarhus Convention in EU Law
  Other Relevant Sources of International Human Rights Law
  Introduction: The Enforcement Deficit in EU Environmental Law
  Public Enforcement of EU Environmental Law: Enforcement by the European Commission
  Article 258 TFEU
  Overview
  Administrative Phase
  Litigation Phase
  'General and Persistent' Breaches of EU Law
  Defences
  Interim Measures
  Article 260 TFEU
  Broader Commission Initiatives to Improve Enforcement of EU Environmental Law
  Public Enforcement of EU Environmental Law: Enforcement by National Authorities
  Principles
  European Union Network for the Implementation and Enforcement of Environmental Law (IMPEL) Network
  Environmental Liability Directive
  Overview
  Scope of Application
  Causation
  Duties Imposed on Operators
  Powers and Duties of Competent Authorities
  Observations and Requests for Action
  Transboundary Damage
  Criminal Penalties
  Private Enforcement of EU Environmental Law at National Level
  Direct Effect of EU Environmental Law
  Overview
  Must a Directly Effective Provision Confer a Right on an Individual?
  Which Bodies Must Apply Directly Effective Provisions?
  Other Means of Relying on EU Law before National Courts
  Duty of Consistent Interpretation (Indirect Effect')
  'Triangular' Cases
  'Incidental' Horizontal Direct Effect
  Horizontal Direct Effect of a 'General Principle' of EU Law
  State Liability in Damages for Breach of EU Law
  EU Legislation on Access to Justice at National Level and the Role of the Aarhus Convention
  Provisions of the Aarhus Convention on Access to Justice
  Implementation of Article 9 of the Aarhus Convention in EU Law
  Private Enforcement of EU Law at EU Level
  Access to Justice before the EU Courts
  Access to Justice by Means of Internal Review under Regulation 1367/2006
  Other Means of Accessing Justice at EU Level
  Introduction
  Mandate of the European Union with Regard to Climate Change
  High Stakes: The Challenge of Climate Change Leadership
  External Dimension of Climate Change Leadership
  Internal Dimension of Climate Change Leadership
  Challenge of Leadership Exemplified: The Case of Aviation
  Scope of the Climate Change Challenge
  Climate Change as a Multi-Level Governance Challenge: The Example of Renewable Energy
  Renewable Energy Policy in the EU: Reconciling European Ambition with National Differentiation through Multi-Level Governance
  2009 Renewable Energy Directive (RED)
  National Action Plans
  Cooperation between Member States
  Access to the Grid and Guarantees of Origin
  Difficult Question of Biofuels
  National Support Schemes
  Free Movement of Renewable Energy: Navigating between the Goals of Trade Liberalisation, Environmental Protection and National Control over Energy Policy
  Challenge of a Regulation-Based Market
  ETS as Market-Based Regulation
  Gauging the Effectiveness of Market-Based Regulation
  Managing a Regulation-Based Market
  Allocation of Allowances
  Recession and Transnational Offsetting
  Addressing the Burden of the Past: Backloading and the Market Stability Reserve
  Concluding Remarks
  Introduction: Key Themes of EU Air Pollution and Industrial Emissions Law
  Ozone-Depleting Substances
  Ambient Air Quality
  Approaches to Standardisation
  EU Legal Framework
  2001 NECD
  2008 AQFD
  Member State Implementation of EU Ambient Air Legislation
  Regulating Industrial Emissions
  Integrated Pollution Prevention and Control within the IED
  'Best Available Techniques' (BAT)
  Standardisation in the IPPC Framework: The Anchoring Function of BAT
  Evolution of BREFs: A Hardening Attitude towards EU Soft Law
  Flexibility in the IED: An Assessment
  Coherence in Air Pollution Law
  Conclusion
  Introduction
  Europe's Waters Interconnected
  History of EU Water Law
  Inter-Related Threads of EU and International Water Law
  2000 Water Framework Directive
  History of the Water Framework Directive (WFD)
  Overview
  River Basin Management and the 'Programme of Measures'
  'Environmental Objectives'
  Surface Water
  Groundwater
  Water Framework Directive's Derogations from the Environmental Objectives
  Combined Approach
  Priority Substances
  Economic Analysis
  Public Involvement
  Governance
  Assessment
  Drinking Water
  History and Overview
  Ensuring that Drinking Water is 'Wholesome and Clean'
  Providing for Hard Cases: Lead and Pesticides
  Monitoring and Compliance
  Assessment
  Bathing Water
  Defining Bathing Waters
  From Emissions Limit Values to Classification
  Monitoring and Assessment
  Public Participation
  Assessment
  Regulation of Dangerous Substances
  Dangerous Substances in Water Directives
  Priority Substances Directive
  Directive 2008/105/EC
  Listing Substances and Review of Adopted List of Priority Substances
  Assessment
  Nitrates
  Regulating Non-Point Source Pollution
  'Nitrogen Zones'
  Improving Environmental Quality
  Additional Measures and Derogations
  Assessment
  Urban and Industrial Waste Water
  Collection, Treatment and Disposal
  Sensitive Areas
  Identifying Eutrophication
  Less-Sensitive Areas
  Contents note continued: Industrial Waste Water
  Institutional Framework
  History and International Context
  1991 UNECE Espoo Convention on Transboundary Environmental Impact Assessment
  Overview
  Obligations
  EIA Directive
  Scope and Purpose
  What is an EIA?
  'Competent Authority'
  Projects Subject to EM
  Annex I Projects: Mandatory EIA
  Annex II Projects: The Screening Process
  Exemptions from the EIA Requirement
  EM Procedure
  Developer's EM Report
  Consultation and Public Participation
  Transboundary Projects
  Decision to Grant or Refuse Development Consent
  Relationship with other Assessment Procedures
  Communication of the Competent Authority's Decision
  Remedies and Access to Justice
  Strategic Environmental Assessment Directive
  Scope and Purpose of the SEA Directive
  Obligation to Carry Out an SEA
  Plans and Programmes Subject to Mandatory SEA
  Screening of other Projects
  Exemptions
  SEA Procedure
  Environmental Report
  Consultation of Designated Authorities and of the Public Likely to be Affected
  Transboundary Consultation
  Relationship with other Assessment Procedures
  Decision
  Remedies
  Introduction
  Changing Narratives: Nature Conservation, Biodiversity Protection and the Safeguarding of Natural Capital
  Birds Directive and Habitats Directive: The Twin Pillars of Natura 2000
  Birds Directive
  Habitats Directive
  Designation and its Consequences: The Legal Status of SPAS and SACS
  Designation Process
  Consequences of Designation
  Designation and its Discontents
  Biodiversity and Sustainability: The Role of Economic Considerations in Natura 2000
  Protecting SCIs and the Role of the Precautionary Principle
  Protective Regimes: The Relation between the Birds and Habitats Directives
  Timing of Member State Obligations
  Management of Protected Sites: Article 6(1) Habitats Directive
  Avoiding Deterioration and Disturbance: Article 6(2) Habitats Directive
  Assessing Development: Article 6(3) Habitats Directive
  Declassification
  Compensating Biodiversity Losses
  Effectiveness of the Birds and Habitats Directives
  Other Measures
  Conclusion: Overcoming Institutional and Systemic Dichotomy
  Introduction
  Dual-Purpose Regulation: Reconciling Market Harmonisation with Health and Environmental Protection
  EU Chemicals Regulation as a Network
  REACH Regulation
  CLP Regulation
  Further Measures
  Chemicals, GMO and Nano Regulation as Technological Risk Regulation
  Information Production
  Risk Management
  Legitimacy and Effectiveness Challenges of Data-Driven Regimes
  Regulating Uncertainty
  Legal Principles: The Requirement to Pursue a High Level of Environmental Protection (HLP) and the Precautionary Principle
  Claims to Legitimacy: Expertise, Transparency and Participation
  Claims to Legitimacy: Updating, Review and Monitoring
  GMO Regulation: A Fraught State of Coexistence
  Regulatory Framework
  Scope for Post-Authorisation Differentiation
  Coexistence Measures
  Safeguard Clauses
  Derogation or 'Opt-Ups' under Article 114(4)-(6) TFEU
  Article 26(b) DRD: Farewell Internal Market?
  Nanotechnology: New Rules for New Tools?
  Conclusion
  EU Waste Policy
  Waste Framework Directive (WFD)
  Overview of the WFD
  What is Waste?
  By-Product
  End-of- Waste
  Hazardous Waste
  Shipment of Waste
  Waste Operations
  Landfills
  Incineration of Waste
  Waste Streams
  Packaging
  Batteries and Accumulators
  End-of-Life Vehicles
  Waste Electrical and Electronic Equipment (WEEE)
  Future Challenges.