Download or read book Competition Law Environmental Policy and Producer Responsibility written by Hans Vedder and published by ISBS. This book was released on 2002 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: The proposed Directive on waste electrical and electronical equipment envisages a producer responsibility. This means that producers and importers will be made responsible for the collection and recycling of these products once they have reached the end of their life. Similar legislation in the Netherlands has resulted in a collective producer responsibility organisation funded by a disposal fee. The establishment of such collective organisations is encouraged by environmental legislation. However, competition law is critical of such co-operation particularly with regard to the disposal fee that is to be passed on to consumers. This study examines the environmental and competition law applicable to producer responsibility organisations. In this regard, the experiences in the Netherlands and a number of other European countries have been studied. It comes to the conclusion that competition law and environmental law may not pull in the same direction. The study suggests a number of possible solutions for the conflict between environmental and competition law in this field. About the author: Hans Vedder (1974) graduated from the University of Groningen in 1997. From 1998 to 2001 he worked as a researcher with the Centre for Environmental Law of the University of Amsterdam. Since 2001 he is lecturer in European law with the University of Groningen. He has published several articles and chapters in books on various aspects of competition and environmental law.
Download or read book Competition Law and Environmental Protection in Europe written by Hans Vedder and published by Europa Law Publishing. This book was released on 2003 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt: Article 6 of the EC Treaty requires an integration of environmental protection requirements into the European Community's policies. As a result environmental concerns must also be integrated into Community competition law and policy. Taking Article 6 EC as a starting point, this book begins with the construction of a model of integration. This model requires that environmental concerns are awarded a role that will ultimately result in the internalisation of environmental concerns and therefore lead to a mutually reinforcing relation between competition and environmental protection. After an examination of Articles 81, 82, 86 and 87 of the EC Treaty, the useful effect doctrine (Article 10 in connection with 81 EC) and the Merger Regulation as well as the application of these competition rules in cases that involve environmental protection concerns, some conclusions are drawn with regard to the integration of environmental protection requirements and EC competition law. These conclusions are followed by a comparative legal research in which their validity is tested. On the basis of these findings it is concluded that the model of integration is being applied in parts of EC competition law. In those areas, competition policy towards environmental restrictions of competition actually increases the chances of a competition for the environment coming about. This, it is submitted, is an important step in the direction of achieving sustainable development. About the author: Hans Vedder (1974) graduated from the University of Groningen in 1997. From 1998 to 2001 he worked as a researcher at the Centre for Environmental Law of the University of Amsterdam. Since 2001 he is lecturer in European law at the University of Groningen. He has published several articles and chapters in books on various aspects of competition and environmental law.
Download or read book Extended Producer Responsibility A Guidance Manual for Governments written by OECD and published by OECD Publishing. This book was released on 2001-03-20 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: This guidance manual presents the potential benefits and costs associated with Extended Producer Responsibility.
Download or read book Environmental Law and Enforcement written by Gregor I. McGregor and published by CRC Press. This book was released on 2021-05-31 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Amid all the laws and regulations on environmental protection and worker safety, what is the responsible business or landowner to do? What should the responsible consultant advise? Environmental Law and Enforcement provides you with a practical guide that takes the mystery out of environmental law and related land use controls. The author provides a synopsis of major environmental topics from A to Z and features citations to the major federal statutes in the United States Code (USC) and the Code of Federal Regulations (CFR) so you can easily find governing statutes and regulations. Special sections discuss the use of experts in case preparation and how to be an effective case witness. A checklist for compliance with the National Environmental Policy Act is included. The book covers strategies to cope with landowner liability for hazardous waste, consultant liability for mistakes in hazardous waste site assessments, and guidelines for emergency managers to minimize legal liability. The section on insurance liability provides practical approaches to dealing with insurance companies on hazardous waste claims. The successful organization will manage for environmental protection as a corporate goal, and consequently stays ahead of new government requirements-away from lawyers and lawsuits-and ahead of the competition. Environmental Law and Enforcement gives you the tools you need to achieve this mission.
Download or read book Greening EU Competition Law and Policy written by Suzanne Kingston and published by . This book was released on 2012 with total page 474 pages. Available in PDF, EPUB and Kindle. Book excerpt: "One of the fundamental challenges currently facing the EU is that of reconciling its economic and environmental policies. Nevertheless, the role of environmental protection in EU competition law and policy has often been overlooked. Recent years have witnessed a shift in environmental regulation from reliance on command and control to an increased use of market-based environmental policy instruments such as environmental taxes, green subsidies, emissions trading and the encouragement of voluntary corporate green initiatives. By bringing the market into environmental policy, such instruments raise a host of issues that competition law must address. This interdisciplinary treatment of the interaction between these key EU policy areas challenges the view that EU competition policy is a special case, insulated from environmental concerns by the overriding efficiency imperative, and puts forward practical proposals for achieving genuine integration"--
Download or read book Extended Producer Responsibility Updated Guidance for Efficient Waste Management written by OECD and published by OECD Publishing. This book was released on 2016-09-20 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report updates the 2001 Guidance Manual for Governments on Extended Producer Responsibility (EPR), which provided a broad overview of the key issues, general considerations, and the potential benefits and costs associated with producer responsibility for managing the waste.
Download or read book E Cycling Linking Trade and Environmental Law in the EC and the U S written by Harri Kalimo and published by BRILL. This book was released on 2006-06-20 with total page 774 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dr. Kalimo's legal and policy analysis explores the phenomenon recycling throughout the entire product life cycle, from the extraction of raw materials, to the production and marketing of goods, to the use of those goods and to the management of the resulting wastes. In this light, he shows how trade law interacts and can function within the demands and needs of the evolving environmental legal paradigm. Overall, the work provides more than one hundred examples of just how and when modern environmental and free trade law converge in the practical context of recycling of electronics such as mobile phones and personal computers in the internal markets of the EC and the U.S. E-Cycling is an ideal text for anyone navigating the myriad legal issues surrounding environmental protection and free trade. With holistic, horizontal guidelines and innovative use of charts and figures, the book will contribute to the effectiveness and coherence of public policy-making on the environmental law, trade law, and constitutional law levels. Published under the Transnational Publishers imprint.
Download or read book Sustainable Development in World Trade Law written by Markus W. Gehring and published by Kluwer Law International B.V.. This book was released on 2005-01-01 with total page 778 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Johannesburg at the World Summit on Sustainable Development in 2002, over one hundred and eighty states assumed a collective responsibility to advance and strengthen the interdependent and mutually reinforcing pillars of sustainable development economic development, social development, an environmental protection at the local, national, regional and global levels. This remarkable collection of papers, sponsored by the Centre for International Sustainable Development Law (CISDL), demonstrates that sustainable development serves as a unifying concept with the potential to facilitate much-needed respect for international law and timely implementation of diverse and overlapping international commitments. It builds on the substance of a rich and complex debate at the intersections among economic, social, and environmental law, bringing together a broad cross-section of viewpoints and voices. The authors review recent developments in WTO discussions and negotiations, and in the recent decisions of the WTO Appellate Body, from a sustainable development law perspective. They also survey relevant new developments in trade and economic agreements at regional, inter-regional and bi-lateral levels. The various essays focus on sustainable development aspects of key issues in recent trade negotiations such as the Singapore Issues (investment, competition, trade facilitation, and government procurement), intellectual property rights, investment arbitration and the linkage between the WTO and multilateral environmental accords, (MEAand¿s).. Among the specific topics covered are the following: Emerging areas of law and policy in trade and sustainable development, The underlying development agendas in global trade law negotiations, Cooperation and potential negotiation on international competition law, Sustainable development aspects of intellectual property rights negotiations, Overlaps between multilateral environmental accords (MEAand¿s) and the WTO, Recent developments in WTO dispute settlement procedures and proceedings, Human rights and environmental opportunities from trade liberalisation and increased market acces, Human rights and environment impact assessment techniques used to analyse trade agreements, Recent developments in bi-lateral and regional trade agreements. Trade, investment, and competition law practitioners and negotiators in developed and developing countries will find this book of great value, as will development and environment law professionals with responsibility for trade and WTO law related matters. With rich contributions from leading trade law practitioners, academics, and WTO panel and appellate body roster members, Sustainable Developments in World Trade Law offers a constructive, timely and accessible expert analysis of recent discussions and advances in the field, providing an integrated and essential guide to some of the most important issues in international economic law today.
Download or read book Law and the Transition to Business Sustainability written by Daniel R. Cahoy and published by Springer. This book was released on 2014-06-30 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book expands on law-related research by examining the legal aspects of sustainability with a focus on the impact on business strategies. It recognizes that firms must adopt an integrated approach to law and sustainability, considering multiple disciplines and goals, and serve as a forum for bringing together scholarship from fields such as environmental law, energy, government regulation and intellectual property. Firms increasingly have an interest in transitioning to sustainable business practices that take into consideration the fact that global resources are finite and will be increasingly scarce. They acknowledge that current actions have social, economic and environmental consequences and employ options to ensure that future generations have the same options and benefits. Examples of sustainable practices increasingly employed by firms include the institutionalization of “whole life-cycle” analysis in marketing and product design, utilization of sustainable inputs and energy sources, tracking and reporting sustainability performance, attempting the valuation of future generation prosperity and happiness as a discounting mechanism, and integrating sustainability into firm culture and management goals. It is clear that law and regulation have an extremely important role to play in the transition to more sustainable business practices. Broadly stated, law can provide structure for firms responding to forces that pull transition by enabling sustainability leadership and competitive advantage through funding models, intellectual property rights and collaboration means. Additionally, law can work to push transition by compelling firms to act through regulatory structures, accounting and governance mechanisms.
Download or read book Environmental Law and Policy written by Richard L. Revesz and published by . This book was released on 2007 with total page 114 pages. Available in PDF, EPUB and Kindle. Book excerpt: This chapter for the Handbook of Law and Economics provides an economic perspective of environmental law and policy. We examine the ends of environmental policy, that is, the setting of goals and targets, beginning with normative issues, notably the Kaldor-Hicks criterion and the related method of assessment known as benefit-cost analysis. We examine this analytical method in detail, including its theoretical foundations and empirical methods of estimation of compliance costs and environmental benefits. We review critiques of benefit-cost analysis, and examine alternative approaches to analyzing the goals of environmental policies. We examine the means of environmental policy, that is, the choice of specific policy instruments, beginning with an examination of potential criteria for assessing alternative instruments, with particular focus on cost-effectiveness. The theoretical foundations and experiential highlights of individual instruments are reviewed, including conventional, command-and-control mechanisms, market-based instruments, and liability rules. Three cross-cutting issues receive attention: uncertainty; technological change; and distributional considerations. We identify normative lessons in regard to design, implementation, and the identification of new applications, and we examine positive issues: the historical dominance of command-and-control; the prevalence in new proposals of tradeable permits allocated without charge; and the relatively recent increase in attention given to market-based instruments. We also examine the question of how environmental responsibility is and should be allocated among the various levels of government. We provide a positive review of the responsibilities of Federal, state, and local levels of government in the environmental realm, plus a normative assessment of this allocation of regulatory responsibility. We focus on three arguments that have been made for Federal environmental regulation: competition among political jurisdictions and the race to the bottom; transboundary environmental problems; and public choice and systematic bias.
Download or read book Regulating Fair Competition Toward Sustainable Development Goals written by Shukor, Siti Fazilah Abdul and published by IGI Global. This book was released on 2023-12-29 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: The necessity for the fundamental practice of regulating fair competition in a globalized world cannot be overstated. This promotes innovation, productivity, and serves as a safeguard against monopolies that could stifle progress. Regulating Fair Competition Toward Sustainable Development Goals is an insightful and comprehensive exploration of the vital link between competition law and policy and the United Nations' Sustainable Development Goals (SDGs). At its core, this book delves into the crucial role of fair competition in fostering innovation and driving economic growth. By encouraging corporations to continuously seek novel ideas and invest in research and development, fair competition paves the way for improved productivity and cost-effective production. Moreover, this legal framework stands as a bulwark against monopolies, which can suppress innovation, limit consumer choice, and escalate prices. The editors deftly elucidate the importance of competition law and policy in creating an open and fair marketplace that benefits consumers, businesses, and the environment. Bringing together a distinguished collection of academics and industry experts, this book delves into a broad spectrum of topics, including economy, environment, energy, technology, employment, business, and management. By examining various perspectives, the book offers a nuanced understanding of the implementations and limitations of competition law and policy in the context of sustainable development. This timely and significant volume caters to a diverse audience comprising academics, students, policy makers, and government and private research institutions. Furthermore, industry leaders and corporations will find valuable insights on how fair competition can foster sustainable development, making this book a must-read for those seeking to navigate the intersection of competition law and the SDGs.
Download or read book Environmental Integration in Competition and Free Movement Laws written by Julian Nowag and published by Oxford University Press. This book was released on 2016-11-10 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Environmental Integration in Competition and Free-Movement Laws engages in a comprehensive analysis of the obligation of Article 11 TFEU (integration of environmental protection requirements) in the three core areas of EU internal market law: competition, state aid, and free movement. It develops a theoretical framework for integrating environmental and other policies and compares how environmental integration takes place within competition, state aid, and free movement law. In turn, it paves a way for a more transparent and consistent integration of environment protection in these three core areas of law. Structured in three parts, this volume (I) offers a detailed analysis of the historical development of environmental integration including discussions of the various intergovernmental conferences which led to a number of Treaty changes, shaping the obligation itself. (II) It investigates which provisions and concepts within competition law, state aid law, and the market freedoms can be interpreted in order to provide a clear demarcation of environmental protection and these areas of law. (III) It analyses how competition, state aid, and free movement law allow for a balancing of the environment against restrictions in cases of conflict.
Download or read book Competition and Sustainability written by Justus Haucap and published by Edward Elgar Publishing. This book was released on 2024-04-12 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: Competition and Sustainability critically examines how the market economy can be preserved without compromising the Sustainable Development Goals of the UN. Serving as a useful overview of the problems and solutions found in one of the most controversial issues in current antitrust doctrine, this topical book offers concrete policy options for EU competition law.
Download or read book Pragmatic Legal and Policy Implications of Environmental Lawmaking written by Movahedian, Hussein and published by IGI Global. This book was released on 2023-05-01 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: The publication of environmental degradation statistics worldwide and the announcement of scientific assessments of the process of its destruction have attracted everyone's attention to the environment. On the world stage, international environmental laws and regulations must be formulated to protect the environment and humanity from further harm. This book provides selective coverage of environmental and energy law within the European Union (EU) and the United Kingdom as well as internationally. It is crucial to examine environmental and energy law from a wide range of perspectives and approaches to gain insight into how the law is designed to tackle particular environmental problems arising in both professional and theoretical settings. Pragmatic Legal and Policy Implications of Environmental Lawmaking bridges the knowledge gap between legal developments designed to achieve environmental and/or energy objectives (for example, pollution control and conservation) on the one hand and the practical, scientific, and technical considerations applicable to the same environmental problems on the other. By adopting a multi-disciplinary approach to environmental and energy law, the book embraces all readerships and goes a step further to address the often-difficult problem of improving communication between scientists and engineers and law and policymakers. Covering topics such as environmental degradation, energy law, and international trade legislation, the book will be useful to law students and professionals working in the fields of environmental and/or energy law, engineering and (geo)science students and professionals, as well as others working in various other disciplines.
Download or read book The Common Law and the Environment written by Roger E. Meiners and published by Rowman & Littlefield. This book was released on 2000 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 1970, when the Clean Air Act was passed and the Environmental Protection Agency was created, the primary means for addressing environmental problems in the U.S. has been through comprehensive federal statutes and detailed regulations. Evaluating almost three decades of experience with the Clean Air Act, Superfund, the Clean Water Act, the Endangered Species Act, and other major federal environmental statutes, the contributors to this volume question the effectiveness and impact of the legal regime that created these regulations. While most studies of environmental policy paint a picture of improvement through government initiatives, these essays argue the contrary. Pointing to Cleveland's burning river, the death of Lake Erie, smog in Los Angeles, and Love Canal, the contributors demonstrate that command-and-control regulation of the environment has not delivered the great improvements in environmental quality as promised. The Common Law and the Environment offers principles for a new approach to protecting the environment and looks to evidence of the successes of alternative legal systems to address significant problems.
Download or read book The Enforcement of EC Environmental Law written by Pål Wennerås and published by OUP Oxford. This book was released on 2007-08-16 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is widely accepted that the future development of environmental law depends not on further legislation, but on more effective enforcement. Within the EC legal system, the conventional view is that the enforcement deficit is due to the fact that the environment is distinct from other fields of Community law. EC environmental law normally does not confer rights on individuals and may therefore not be judicially enforced in the same manner as rules concerning the internal market, competition and gender discrimination. The Enforcement of EC Environmental Law explores and challenges this assumption. Drawing from constitutional aspects of EC law, the author examines to what extent the general case law on procedures and remedies may be transposed to the field of environment, whilst at the same time taking stock of the existing environmental case law and the distinctive features of environmental legislation. In a critical exposition and assessment of 50 years of jurisprudence by the European Court of Justice as well as recent legislative developments, the author explores the potential of enforcement of environmental law through law suits by individuals as well as the European Commission. By demonstrating that the environment is not so different from other fields of law in terms of rights and remedies, the book provides not only new insights to the enforcement of EC environmental law but also to the central characteristics of Community constitutional law.
Download or read book Deregulation in the European Union written by Ute Collier and published by Psychology Press. This book was released on 1998 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This volume has its roots in a workshop on Deregulation and the Environment, organised by the Working Group on Environmental Studies (WGES) of the European University Institute in Florence in May 1996"--P. x.
