Download or read book Environmental and Property Protection in Europe written by Gerd Winter and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Imagine a factory that pollutes the air. If the government closes it down, can the operator allege undue encroachment on his property? If the government remains inactive, can the neighboring farmer demand that his/her property must be protected? These two questions point to two dimensions of the interrelation between environmental concerns and property interests. Property is either used as a barrier to or as a quest for environmental protection. This book examines how the weighing up of property and environmental protection interests is determined by law. It discusses solutions found in the EU and in the Member States, looking both at regulatory and constitutional law. It is based on national reports, guided by a common list of questions. The book's crosscutting contributions highlight commonalities and differences, with a view to develop a European ius commune. This is framed by an analysis of the pertinent jurisdictions of the European Court of Human Rights, the Court of Justice of the EU, and Investor-State Arbitration. *** Librarians: ebook available on ProQuest and EBSCO (Series: The Avosetta Series - Vol. 12) [Subject: EU Law, Environmental Law, Property Law, Comparative Law, Constitutional Law]
Download or read book Property and Environmental Protection in Europe written by Gerd Winter and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Imagine a factory that pollutes the air. If the government closes it down, can the operator allege undue encroachment on his property? If the government remains inactive, can the neighboring farmer demand that his/her property must be protected? These two questions point to two dimensions of the interrelation between environmental concerns and property interests. Property is either used as a barrier to or as a quest for environmental protection. This book examines how the weighing up of property and environmental protection interests is determined by law. It discusses solutions found in the EU and in the Member States, looking both at regulatory and constitutional law. It is based on national reports, guided by a common list of questions. The book's crosscutting contributions highlight commonalities and differences, with a view to develop a European ius commune. This is framed by an analysis of the pertinent jurisdictions of the European Court of Human Rights, the Court of Justice of the EU, and Investor-State Arbitration. *** Librarians: ebook available on ProQuest and EBSCO (Series: The Avosetta Series - Vol. 12) [Subject: EU Law, Environmental Law, Property Law, Comparative Law, Constitutional Law]
Download or read book Rights of Nature in Europe written by Jenny García Ruales and published by Taylor & Francis. This book was released on 2024-04-09 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the recognition of the Rights of Nature (RoN) in Europe, examining their conceptualisation and implementation. RoN refers to a diverse set of legal developments that seek to redefine Nature's status within the law, gradually emerging as a novel template for environmental protection. Countries like Ecuador and New Zealand, each with distinct histories and ways of dwelling in the world, have pioneered a new era in environmental governance by legally acknowledging rights or personhood for nature, ecosystems, and more-than-human populations. In recent years, Europe has witnessed growing interest in RoN, with academic, legislative, and political initiatives gaining momentum. A significant development is the September 2022 passage of a law in the Spanish Parliament, granting legal personhood and rights to the Mar Menor, a saltwater lagoon severely affected by environmental degradation. Given the diversity in interpretations and articulations of ‘Rights of Nature’, this edited volume argues that their arrival in Europe fosters different kinds of interactions across distinct areas of law, knowledge, practices, and societal domains. The book employs a multidisciplinary approach, exploring these interactions in law and policy, anthropology, Indigenous worldviews and jurisprudence, philosophy, spiritual traditions, critical theory, animal communication, psychology, and social work. This book is tailored for scholars in law, political science, environmental studies, anthropology and cultural studies; as well as legal practitioners, NGOs, activists and policy-makers interested in ecology and environmental protection.
Download or read book Environmental Rights in Europe and Beyond written by Sanja Bogojevic and published by Bloomsbury Publishing. This book was released on 2018-08-23 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Deficits in EU and US Mandatory Environmental Information Disclosure written by Dirk Bünger and published by Springer Science & Business Media. This book was released on 2011-10-20 with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is the publicity about the Pollutant Release Inventory’s data which creates an incentive for firms to achieve emission reductions. Accordingly, public access to environmental information constitutes a core characteristic of the aforementioned inventory. Here, in essence, two facets arise. First, with regard to the collection, it is disputed whether such information, which may comprise confidential commercial and industrial information in the EU as well as trade secrets in the US, can be protected under fundamental and constitutional property rights respectively. Second, in the context of dissemination and utilisation, it is arguable whether the information indeed impacts polluters and produces an outcome that secures a certain level of environmental protection. The author responds to the first issue by taking the EU and US jurisdictions into account and strives to analyse how this novel form of Internet disclosure liberates market mechanisms in the quest for effective and efficient emission reductions.
Download or read book Research Handbook on EU Environmental Law written by Marjan Peeters and published by Edward Elgar Publishing. This book was released on 2020-06-26 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive Research Handbook discusses how the EU has used its regulatory power to steer towards environmentally friendly behaviour, delving into the deep concerns related to the compliance with and enforcement of EU environmental law. It also highlights the important role of civil society’s use of environmental procedural rights, and characterizes how the CJEU case law has contributed to the effective implementation of EU environmental legislation.
Download or read book Wilderness Protection in Europe written by Kees Bastmeijer and published by Cambridge University Press. This book was released on 2016-04-01 with total page 659 pages. Available in PDF, EPUB and Kindle. Book excerpt: Europe still retains large areas which play host to numerous native and free-functioning ecosystems and lack roads, buildings, bridges, cables and other permanent manifestations of modern society. In the past such areas were considered wastelands, whose value lay only in their potential for cultivation and economic exploitation. Today, these wilderness areas are increasingly cherished as places for rest and recreation, and as important areas for scientific research, biodiversity conservation and the mitigation of and adaptation to certain climate change effects. This book provides the first major appraisal of the role of international, European and domestic law in protecting the remaining wilderness areas and their distinguishing qualities in Europe. It also highlights the lessons that can be learned from the various international, regional and national approaches, identifies obstacles to wilderness protection in Europe and considers whether and how the legal protection of wilderness can be further advanced.
Download or read book EU Environmental Law written by Geert Van Calster and published by Edward Elgar Publishing. This book was released on 2017-02-24 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU Environmental Law discusses the reality for legal practice throughout the EU, as environmental law of the Member States is becoming ever less 'national'. Consequentially European environmental regulation is becoming more complex and interrelated, making it an emerging field of study for European law graduates, and an area of increasing exposure to the legal profession. This book gives readers a thorough overview of core European environmental law, with a section on the basic framework and principles, as well as on substantive law issues giving insight into the legislation in the different sectors and the most topical developments.
Download or read book Locality and Identity written by Jane Holder and published by Routledge. This book was released on 2019-01-15 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1999, this volume is concerned with how issues of identity and locality – globalization and ethics, valuing the environment, environmental justice and the use of traditional and new legal forms – cross the disciplines of law, ethics, geography, political science and social theory. Necessarily diverse, the collection both explores and confronts the limitations of law that prevent recognition of the relationship between humans and nature.
Download or read book The European Union and Global Environmental Protection written by Mar Campins Eritja and published by Routledge. This book was released on 2020-11-17 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how the EU can be a more proactive actor in the promotion of the principles of sustainability and fairness from a legal environmental perspective. The book is one of the results of the research activity of the Jean Monnet Chair in EU Environmental Law (2017-2020) funded by the European Commission under the Erasmus+ programme. The European Union and Global Environmental Protection: Transforming Influence into Action begins with an introduction of the key EU competences, instruments and mechanisms, as well as the current international challenges at the EU level. It then explores case study examples from four regulated fields: climate change, biodiversity, multilateral trade, unregulated fishing, and access to justice; and four unregulated areas: mainstreaming of the Sustainable Development Goals in EU policies, and environmental justice, highlighting the extent to which the EU might align with international environmental regimes or extend its normative power. This volume will be of great relevance to students, scholars, and EU policy makers with an interest in international environmental law and policy.
Download or read book Regulatory Property Rights written by Christine Godt and published by BRILL. This book was released on 2016-11-21 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Regulatory Property Rights: The Transforming Notion of Property in Transnational Business Regulation, editor Christine Godt generates fresh impetus for rethinking modern property theory. The book’s central theme is the transformation of property in response to societal changes brought about by internationalization, digitalization and new forms of collective action. The contributions sketch a vision of modern property, which grew out of 18th and 19th century ideologies. It operates in the modern multilevel system, and is not confined to the nation state. It is conscious about the broad range of functionalities of the title holder with regard to managing international supply and distribution chains and modern rationalities of the capital market, and at the same time acknowledges the legitimate interests of third parties and modern forms of governance.
Download or read book Green Innovations and IPR Management written by Andree Kirchner and published by Kluwer Law International B.V.. This book was released on 2013-03-01 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: There can no longer be any doubt that promoting green innovations is essential if we are to meet the challenges of sustainable development, climate change, and intergenerational equity. With the maturity of this crucial awareness has come full recognition of the intellectual property rights of green innovators – an area of international law that has drawn a host of initiatives not only from lawyers and legal scholars but also from highly knowledgeable and well-placed authorities such as the World Intellectual Property Organization, the European Patent Office, the United Nations Environment Program, the International Tribunal for the Law of the Sea, the International Centre for Trade and Sustainable Development, the European Commission, and national environmental agencies. In this first-ever survey and analysis of the current and emerging state of the field, twenty-two outstanding practitioners, academics, policymakers, and officials describe the relevant work of all of these groups. Among the array of topics covered are the following: vast diversity of products, services, and processes; legacy IP measures from R&D in computers and semiconductors; role of green technology’s moral underpinning; wide-open startup vs. exorbitant up-front cost; and licensing issues in technology transfer. Although primarily intended for professionals concerned with the legal aspects of green technology – lawyers, policymakers, agency officials, academics – this book will also be of great value to inventors and technology companies as a guide to mechanisms for managing and sharing intellectual property rights in the context of green innovations. It is sure to engage a wide audience for years to come.
Download or read book The Habitats Directive in its EU Environmental Law Context written by Charles-Hubert Born and published by Routledge. This book was released on 2014-11-27 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the Habitats Directive; one of the most prominent piece of EU environmental legislation of the past decades. Seen by some as the cornerstone of Europe’s nature conservation policy, among other measures the Directive established the so-called "Natura 2000" ecological network, which covers more than 18% of the surface of the EU. However, despite the fact the Directive was adopted over twenty years ago only 17% of the protected habitats and species in Europe are being adequately protected while 10-60 % of animal species remain under threat. In light of the limited success and the contested nature of the Habitats Directive so far this book examines the successes and failures of the Habitats Directive from a legal and political angle. The book brings together international experts to consider the application, implementation and future of the Habitats Directive in order to assess whether the Habitats Directive is resilient enough to tackle biodiversity loss in the twenty- first century. Particular emphasis is put on the legal regime attached to the Natura 2000 network and its possible impact on land development and the relationship between the Habitats Directive and other topics including liability for ecological damage and transboundary nature conservation.
Download or read book Property Rights and Fairness written by Roderick Lawrence and published by Pelican Publishing Company. This book was released on 2000 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt: This policy briefing series communicates the findings from nine workshops and three plenary meetings under the EVE programme. These showed the diversity of research currently being undertaken in the area of environmental values and their policy expression. The type of information relevant to the decision process extends from ecological functioning to moral values.
Download or read book Environmental Leaders and Laggards in Europe written by Tanja A. Börzel and published by Routledge. This book was released on 2017-05-15 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: No other European laws are so frequently violated as environmental directives. This informative and illuminating volume explains why member states have repeatedly failed to comply with European Environmental Law. It challenges the assumption that non-compliance is merely a southern problem. By critically comparing and analyzing Spain and Germany, the volume demonstrates that both northern leaders and southern laggards face compliance problems if a European policy is not compatible with domestic regulatory structures. The North-South divide is therefore much more complex than previously thought. Examining each country’s capabilities of shaping European policies according to its environmental concerns and economic interests, the book debates the possible outcomes if the European Union does not come to terms with the leader-laggards dynamics in environmental policy-making. It will be a prime resource for anyone concerned with environmental policy-making and law, particularly within the EU, as well as those interested in environmental and political geography.
Download or read book Environmental Law in Developing Countries written by Nazrul Islam and published by IUCN. This book was released on 2002 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication contains four papers on different legal issues of interest to developing countries. The papers were researched and written by four Carl Duisberg Gesellscaft (CDG) Fellows who came to Germany from Bangladesh, Venezuela, Nigeria and China to study under the host leadership of the IUCN Environmental Law Centre. Subjects chosen by these Fellows vary widely, and cover ISO 14001, access to environmental justice in Latin America, patents and plant resources-related knowledge, and law and policy of the European Union on the reduction of greenhouse gas emissions and their significance to China.
Download or read book The Oxford Handbook of Comparative Environmental Law written by Emma Lees and published by Oxford University Press. This book was released on 2019-04-25 with total page 1092 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Handbook is the first comprehensive account of comparative environmental law. It examines in detail the methodological foundations of the discipline as well as the substance of environmental law across countries from four vantage points: country studies from all continents, responses to common problems (including air pollution, water management, nature conservation, genetically modified organisms, climate change and energy, chemicals, waste), foundational components of environmental law systems (including principles, property rights, administrative and judicial organisation, command-and-control regulation, market mechanisms, informational techniques and liability mechanisms), and common interactions of environmental protection with the broader public, private, and criminal law contexts. The volume brings together the foremost authorities in this field from around the world to provide a concise, self-contained, and technically rigorous account of environmental law as a single overall system.
