Download or read book Quo Vadis Europe The Significance of Sustainable Development as Objective Principle and Rule of EU Law written by Beate Sjåfjell and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the role of supranational law in making national law disciplines such as company law comply with and work towards objectives and principles of international treaties? In international law and politics, there is a growing recognition of sustainable development as an all-important objective and a general principle of international law. Sustainable development has a strong legal position among the ultimate objectives of the European Union, underpinned by the growing recognition in the EU of the inextricable entity of humanity, our natural environment and our economic system. In the search for the balancing that this goal requires within the nonnegotiable limits of our planet, the principle of sustainable development is the key. This principle requires the integration of environmental protection requirements in all areas, with the aim of achieving a sustainable development. The threat of climate change accentuates the necessity of recognising and respecting the ecological limits within which all social and economic development must take place. The principle of sustainable development is codified, following the changes made by the Lisbon Treaty, in an enhanced version of the rule, now enacted in Article 11 of the Treaty on the Functioning of the European Union. In practice, however, on national, supranational and international level, actions speak louder than words. In practice the focus is on economic growth and efficiency in a narrow and short-term sense, leading to environmental degradation, loss of biodiversity and dangerous climate change. Although progress is made in some areas, the regulation of companies, these all-important components of our economies, is to a great extent shielded. Talk about voluntary corporate social responsibility seems to be the closest law-makers dare to get to regulating these entities, without which we cannot hope to achieve the overarching global goal of a sustainable development. Modern company law is often seen as matter of private law only, seeking efficient regulation of an instrument perceived to have as its only goal the profit-maximisation of shareholders. The fundamental freedoms of EU law are seen by some as an argument in favour of such a narrowing of the scope of company law and for restricting the room for encompassing other interests. EU law is, however, not just about free movement and market integration. On a Treaty level, the general objectives of the EU have a strong legal significance, and the codification of the principle of sustainable development entails an all-encompassing legal duty to integrate environmental protection requirements in the policies and activities of the Union. What does this entail for the EU institutions and for the Member States, and specifically for the regulation of companies - and what is the broader, global significance? In a tentative answer to these questions, this paper first introduces sustainable development as an EU law objective, principle and rule (Section 2). The argument is presented that particularly the codification of the sustainable development principle in Article 11 TFEU has significant legal implications for the institutions of the European Union (Section 3), entailing direct obligations on all levels: Law-making, administration, supervision and judicial control (Section 4). For EU company law, this requires a whole new approach. The implications for the Member States are rather more indirect, but nevertheless highly relevant, influencing the interpretation, implementation and application of EU law; the justification of Member State initiatives that restrict free movement; entailing a possible duty to act to promote overarching objectives under certain circumstances, and perhaps also indicating a coming general principle of sustainable development on Member State level (Section 5). The paper thereby shows how EU Treaty law, taken seriously, may be used as a tool to ensure that EU law itself and the national laws of its Member States truly work towards a global, sustainable development. The paper concludes with some reflections on how EU law already may be influencing national law also beyond the scope of the direct requirements for EU law implementation in national legislation, and how this could impact on both national law and international law (Section 6).

Download or read book The Greening of European Business under EU Law written by Beate Sjåfjell and published by Routledge. This book was released on 2014-11-13 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: The relationship between environmentally sustainable development and company and business law has emerged in recent years as a matter of major concern for many scholars, policy-makers, businesses and nongovernmental organisations. This book offers a conceptual analysis of the principles of sustainable development and environmental integration in the EU legal system. It particularly focuses on Article 11 of the Treaty on the Functioning of the European Union (TFEU), which states that EU activities must integrate environmental protection requirements and emphasise the promotion of sustainable development. The book gives an overview of the role played by the environmental integration principle in EU law, both at the level of European legislation and at the level of Member State practice. Contributors to the volume identify and analyse the main legal issues related to the importance of Article 11 TFEU in various policy areas of EU law affecting European businesses, such as company law, insurance and state aid. In drawing together these strands the book sets out the requirements of environmental integration and examines its impact on the regulation of business in the EU. The book will be of great use and interest to students and researchers of business law, environment law, and EU law.

Download or read book The Greening of European Business under EU Law written by Beate Sjåfjell and published by Routledge. This book was released on 2014-11-13 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: The relationship between environmentally sustainable development and company and business law has emerged in recent years as a matter of major concern for many scholars, policy-makers, businesses and nongovernmental organisations. This book offers a conceptual analysis of the principles of sustainable development and environmental integration in the EU legal system. It particularly focuses on Article 11 of the Treaty on the Functioning of the European Union (TFEU), which states that EU activities must integrate environmental protection requirements and emphasise the promotion of sustainable development. The book gives an overview of the role played by the environmental integration principle in EU law, both at the level of European legislation and at the level of Member State practice. Contributors to the volume identify and analyse the main legal issues related to the importance of Article 11 TFEU in various policy areas of EU law affecting European businesses, such as company law, insurance and state aid. In drawing together these strands the book sets out the requirements of environmental integration and examines its impact on the regulation of business in the EU. The book will be of great use and interest to students and researchers of business law, environment law, and EU law.

Download or read book Sustainable Development in the European Union written by Matthew Humphreys and published by Routledge. This book was released on 2017-12-06 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book undertakes a critical appraisal of the concept of sustainable development in the European Union. In addition to existing issues of sustainability, it examines the development of a European "general principle" of sustainable development. This original, critical approach examines legal, political, and economic implications of the emergence of the principle and places the impact of such in local, national, intranational, and international contexts. While essentially focusing on the development of the principle, the discussion also includes a normative assessment of current policy and practice, and appraises European efforts in the light of international goals.

Download or read book Company Law and Sustainability written by Beate Sjåfjell and published by Cambridge University Press. This book was released on 2015-05-21 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book advances an innovative, multi-jurisdictional argument for the necessity of company law reform to reorient companies towards environmental sustainability.

Download or read book The Law of Sustainable Development written by and published by . This book was released on 2000 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Union action plan "Towards sustainability", grew in parallel with the initiative of the United Nations which culminated in the Rio declaration and the Agenda 21. With time, though, it has been realised that the goals are more difficult to achieve than anticipated. The social problems that must be solved by sustainable development cannot afford to wait for the usual slow pace of science. For that reason, politicians, legislators and the judiciary are in the front line because they are the first to assess the facts and they are the necessary administrators of the problems faced. The report establishes some basic principles of sustainable development as: the principle of public environmental order; the principle of sustainability; the principle of carrying capacity; the principle of the obligatory restoration of disturbed ecosystems; the principle of biodiversity; principle of common natural heritage; the principle of the mild development of fragile ecosystems; the principle of spatial planning; the principle of cultural heritage; the principle of the sustainable urban environment; the principle of the aesthetic value of nature; and principle of environmental awareness

Download or read book Integrating Sustainable Development in International Investment Law written by Manjiao Chi and published by Routledge. This book was released on 2017-10-10 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: The current international investment law system is insufficiently compatible with sustainable development. To better address sustainable development concerns associated with transnational investment activities, international investment agreements should be made more compatible with sustainable development. Integrating Sustainable Development in International Investment Law presents an important systematic study of the issue of sustainable development in the international investment law system, using conceptual, normative and governance perspectives to explore the challenges and possible solutions for making international investment law more compatible with sustainable development. Chi suggests that to effectively address the sustainable development concerns associated with transnational investment activities, the international investment agreements system should be reformed. Such reform should feature redesigning the provisions of the agreements, improving the structure of international investment agreements, strengthening the function of soft law, engaging non-state actors and enhancing the dispute settlement mechanism. The book is primarily aimed at national and international treaty and policy-makers, lawyers and scholars. It is also suitable for graduate students studying international law and policy-making.

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 186 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 Environmental Integration in Competition and Free Movement Laws written by Julian Nowag and published by Oxford University Press. This book was released on 2016-11-17 with total page 390 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 Principles of Environmental Law written by Jonathan Verschuuren and published by . This book was released on 2003 with total page 165 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Non State Actors Soft Law and Protective Regimes written by Cecilia Bailliet and published by Cambridge University Press. This book was released on 2012-08-09 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume of essays examines challenges presented by non-state actors, quasi-legal norms, and gaps within normative and institutional frameworks.

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 320 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 Internalizing Externalities in EU Law written by Beate Sjåfjell and published by . This book was released on 2014 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU law purports to take sustainable development and notably its environmental dimension seriously. At Treaty level, we have seen a progression from a situation where environmental protection was not mentioned, to the inclusion of the objective of environmental protection amongst the general objectives of EU law in Article 2 of the EC Treaty, and the codification of the sustainable development principle in the environmental integration rule in Article 6 EC. If we take seriously EU law's claim of taking sustainable development and especially the environmental dimension thereof seriously, this opens up for interesting issues, for what is the significance of the overarching objective of sustainable development for the various sectors of EU law? Specifically, does EU law require the integration of the environmental dimension of sustainable development in European company law? The position of this article is yes, it does. The first section goes on to show why, and on what level, it is necessary to integrate sustainable development into company law. The following section indicates the direction to go into to find the answer of how to integrate. Thereafter, Section 3 summarises and develops further an analysis of EU law concerning the legal consequences of the general objectives, which establish the tasks of the Community. We will focus particularly on the general objective of sustainable development, and its enhancement through the environmental integration rule contained in Article 6 EC. Section 3 demonstrates the chain of legal reasoning that establishes the legal basis in EU law for environmental integration as well as the argument for a legal obligation to carry out such integration. Section 4 concludes.This article was presented as a draft paper at the conference 'Transnational corporate governance for the 21st century' at the George Washington University Law School on 7-8 April 2008 and has since been revised. The conference was organised by the George Washington International Law Review and the Faculty of Law at the University of Oslo and cosponsored by the American Society of International Law. Updated in September 2009.

Download or read book Quo vadis Commercial Contract written by Mads Andenas and published by Springer Nature. This book was released on 2023-03-15 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: This proceedings volume combines chapters derived from papers presented at the 4th and 5th Annual Conferences on the Future of the Commercial Contract in Scholarship and Law Reform. This ongoing research project brings together scholars from all over the world at an annual international conference in London. The book focusses on technology in commercial contract law as well as on sustainability in commercial contracts. The latter theme was inspired by the United Nations' climate conference that was to take place in Glasgow in the United Kingdom that same year. The book combines topical current issues in commercial contract law and practice organized in three parts. The first part contains contributions to the area of law and technology. The second part of the book expands on aspects of sustainability understood as environmental reasonableness in the context of commercial contracts. The third part includes several chapters on the topics of supervening events and contractual ethics. This book is therefore part of a coherent line of contributions to the furthering of modern contract theory. The choice of topics is closely following current issues of legal policy and contract practice.

Download or read book Life Cycle Assessment LCA written by Allan Astrup Jensen and published by . This book was released on 1998 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt: Life Cycle Assessment

Download or read book Non State Actors Soft Law and Protective Regimes written by Cecilia M. Bailliet and published by . This book was released on 2012 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume of essays examines challenges presented by non-state actors, quasi-legal norms, and gaps within normative and institutional frameworks.

Download or read book Aspects of the Energy Union written by Michalis Mathioulakis and published by Springer Nature. This book was released on 2020-11-12 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive exploration of some of the most critical issues regarding the EU’s Energy Union policy. Applied European energy policies face a number of challenges ranging from the geopolitics of energy and energy regulation, to climate change, advancing renewable and gas technologies, and consumer empowerment structures. This book takes a multi-dimensional look into some of these vital issues regarding the European energy sector with a special focus on the effects the Energy Union policy has in two sensitive regional systems, Southeastern Europe and the Eastern Mediterranean. Energy, being by definition a multi-disciplinary field, presents a challenge for readers of any specific disciplinary background that need to grasp an overall understanding of the various aspects of this exciting sector. This book’s objective is to offer the opportunity for readers to get a quality, hands-on overview of the Energy Union by the professionals and academics that interact with it on a daily basis.