Download or read book The Untapped Potential of Horizontal Private Enforcement Within EC Environmental Law written by Josephine A. W. van Zeben and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The premise of the article is that horizontal private enforcement could improve the deterrent effect of public enforcement in cases where there is a low likelihood of public enforcement due to information dissymmetry or funding problems on the side of the public enforcer. In order to illustrate these problems, the first part of the article analyses three common modes of public regulation and enforcement within EC environmental policy. After discussion of the possibilities for horizontal private enforcement of EC environmental law by means of direct effect and consistent interpretation, the Aarhus Convention and the Environmental Liability Directive, it becomes clear that the theoretical potential of horizontal private enforcement has not yet translated into practical application. In the final part of the paper, the author proposes several changes in policy, which would allow the complementary strong points of private and public enforcement to be better used. These policy recommendations include: further research into the complementarities of public and private enforcement; differentiation based on the scale of the environmental problem and the adoption of environmental laws by means of regulations instead of directives.
Download or read book A Guide to EU Environmental Law written by Josephine van Zeben and published by University of California Press. This book was released on 2020-10-27 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by two internationally respected scholars, this unique primer distills European Union environmental law and policy into a practical guide for a nonlegal audience, as well as for lawyers trained in other jurisdictions. The first part explains the basics of the European legal system, including key actors, types of laws, and regulatory instruments. The second part describes the EU’s overarching legal strategies for environmental management and delves into how the EU addresses the specific environmental issues of pollution, ecosystem management, and climate change. Chapters include summaries of key concepts and discussion questions, as well as informative "spotlights" offering brief overviews of topics. With a highly accessible structure and useful illustrative features, A Guide to EU Environmental Law provides a long-overdue synthetic resource on EU environmental law for students and for anyone working in environmental policy or environmental science.
Download or read book The Transformation of European Private Law written by James Devenney and published by Cambridge University Press. This book was released on 2013-10-24 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book emanates from a duo-colloquium which explored the Europeanisation of private law in the context of efforts to consolidate the consumer acquis, the Draft Common Frame of Reference, the appointment of an Expert Group on a Common Frame of Reference in the area of European contract law, the passage of the Consumer Rights Directive and the proposed Common European Sales Law. This book, with fully updated contributions, critically reflects on whether the process of Europeanisation, which has shaped private law in the EU Member States, has now reached a significant turning point in its development, a point of punctuated equilibrium. Written by a team of leading authors, the topics covered will be of concern in all European legal systems and beyond.
Download or read book Routledge Handbook of International Environmental Law written by Shawkat Alam and published by Routledge. This book was released on 2013 with total page 854 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook is an advanced level reference guide which provides a comprehensive and contemporary overview of the corpus of international environmental law (IEL).
Download or read book Routledge Handbook of International Environmental Law written by Erika Techera and published by Routledge. This book was released on 2020-12-29 with total page 716 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically explores the legal tools, concepts, principles and instruments, as well as cross-cutting issues, that comprise the field of international environmental law. Commencing with foundational elements, progressing on to discrete sub-fields, then exploring regional cooperative approaches, cross-cutting issues and finally emerging challenges for international environmental law, it features chapters by leading experts in the field of international environmental law, drawn from a range of countries in order to put forward a truly global approach to the subject. The book is split into five parts: • The foundations of international environmental law covering the principles of international environmental law, standards and voluntary commitments, sustainable development, issues of public participation and environmental rights and compliance, state responsibility, liability and dispute settlement. • The key instruments and governance arrangements across the most critical areas of international environmental law: biodiversity, wildlife, freshwater, forestry and soils, fisheries, marine pollution, chemicals and waste, air and atmospheric pollution and climate change. • Crucial developments in seven distinct regions of the world: Africa, Europe, North America, Latin America, South East Asia, the polar regions and small island states. • Cross-cutting issues and multidisciplinary developments, drawing from multiple other fields of law and beyond to address human rights and Indigenous rights, war and armed conflict, trade, financing, investment, criminology, technology and energy. • Contemporary challenges and the emerging international environmental law regimes which address these: the changing climate, forced migration, marine plastic debris and future directions in international environmental law. Containing chapters on the most critical developments in environmental law in recent years, this comprehensive and authoritative book makes for an essential reference work for students, scholars and practitioners working in the field.
Download or read book Leniency in EU Competition Law written by Ingrid Margrethe Halvorsen Barlund and published by Kluwer Law International B.V.. This book was released on 2020-06-18 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leniency has emerged as one of the main enforcement instruments used by competition authorities to combat cartels. Offering immunity from punishment is believed to destabilise already existing cartels and deter undertakings from entering into such arrangements. This book offers the first in-depth analysis of the scope of leniency in European Union (EU) competition law, considering three crucial ramifications – ensuring a leniency applicant can self-report with confidence, retaining the right to compensation of those who have suffered losses due to the cartel and furthering the objective of undistorted competition within the internal market. With thorough insight into the interaction between the Commission’s Leniency Notice and public and private enforcement, the author fully explains such aspects of the subject as the following: who is eligible for leniency; liability of an immunity recipient; the EU fining system; disclosure of leniency evidence; scope of public authorities reaching out to cartel infringers; the immunity recipient and follow-on damages claimants; the immunity recipient and subsequent leniency applicants; effect of the Damages Directive; and the European Economic Area dimension. The author offers cogent suggestions about how the shortcomings of the Commission’s leniency offer can be ameliorated and which regulatory steps should be taken to give the policy greater leverage. The author calls for increased harmonisation at national level in the EU and compares leniency practice in US antitrust law. As a comprehensive analysis of the practical application of current policy and procedure in EU cartel enforcement, the book clearly shows the ways in which the scope of leniency is manifest in the interaction between public and private enforcement, evaluating which interaction is most effective. Its practical character will be recognised and welcomed by competition law practitioners and policymakers, who will strengthen their grasp of leniency procedure and clearly discern implications for competition infringement cases.
Download or read book The Allocation of Regulatory Competence in the EU Emissions Trading Scheme written by Josephine A. W. van Zeben and published by Cambridge University Press. This book was released on 2014-04-17 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analysis of the law and politics of regulatory competence allocation in the European Union Emissions Trading Scheme.
Download or read book Environmental Law and Economics written by Michael G. Faure and published by Cambridge University Press. This book was released on 2019-10-10 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: A detailed overview of the law-and-economics methodology developed and employed by environmental lawyers and policymakers.
Download or read book Animal Ethics and Animal Law written by Andrew Linzey and published by Rowman & Littlefield. This book was released on 2022-11-07 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: Animal law is a growing discipline, as is animal ethics. In this wide-ranging book, scholars from around the world address the intersections between the two. Specifically, this collection focuses on pressing moral issues and how law can protect animals from cruelty and abuse. A project of the Oxford Centre for Animal Ethics, the book is edited by the Oxford Centre’s directors, Andrew Linzey and Clair Linzey, and features contributions from many of its fellows. Divided into three sections, the work explores historical perspectives and ethical–legal issues such as “personhood” and “property” before focusing on five practical case studies. The volume introduces readers to the interweaving between these subjects and should act as a spur to further interdisciplinary work.
Download or read book Green Shipping Contracts written by Pia Rebelo and published by Bloomsbury Publishing. This book was released on 2024-08-22 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book applies a contract-governance theory to the implementation of decarbonisation objectives in the international maritime sector. In doing so, it provides an overview of how the network of contractual relationships that characterise commercial shipping can become effective sites of collaboration between shipping actors to improve upon energy efficiency and CO2 reduction. To achieve this aim, the book investigates and develops a set of contractual tools that can enable private actors to strengthen their commitments to net-zero targets (whether state-mandated or voluntary) and develop cooperative norms to guide decision-making and contractual interpretation. These mechanisms include contractual clauses and drafting considerations which can secure a desired outcome for contractual performance, thereby managing climate risks and providing adequate remedy where such risks materialise. In a transnational sector such as shipping, where contracts can exert greater influence on corporate decarbonisation efforts than international regulation, the book challenges the traditional limitations of contract law and calls for a deeper integration of green principles into private relationships.
Download or read book The Draft Common Frame of Reference written by Vincent Sagaert and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Draft Common Frame of Reference (DCFR) is the result of more than 25 years of academic research on European private law. The final academic version of the DCFR was published in October 2009, and currently the European Commission is undertaking a selection process in order to determine which parts of the DCFR will be included in a 'political' CFR. Against this background, this book presents and critically analyzes the DCFR and situates it in relation to current Belgian law. (Series: Ius Commune Europaeum - Vol. 99)
Download or read book Private Enforcement of Competition Law written by Jürgen Basedow and published by Nomos Verlagsgesellschaft. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The victims of violations under EU competition law will, in practice, rarely receive restitution for the damages suffered. Authorities established by the European Commission to abolish this maladministration by the Council discussed this concern during a special meeting in June 2009 - in particular, the possibility of private enforcement of competition law. Results of the meeting are documented in this book.
Download or read book EU Environmental and Planning Law Aspects of Large scale Projects written by European Environmental Law Forum. Conference and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Governments, companies, environmental associations and citizens all over the European Union (EU) are struggling with large scale projects. On the one hand large scale projects can contribute to economic development, on the other hand they often also raise environmental concerns. Because of their size and potential impact, large scale projects usually lead to heavy debates and quickly become of great symbolic value. Consequently, large scale projects are excellent examples of the difficulty to balance economic development with environmental protection. The types of large scale projects, planned as well as 'under construction' in the EU, are very diverse. One can think of all kinds of infrastructure projects (motorways, railways, waterways, stations, ports, airports, ...), building projects (offices, housing projects, sports stadiums, redevelopment of brownfields, ...), waste projects (incineration, landfill, ...), energy projects (electricity and gas networks, wind farms, biogas installations, heat networks, extraction projects, ...), climate projects (CDM projects, ...), water projects, etc. In order to promote the legal thinking about all kinds of environmental and planning law aspects of large scale projects, Hasselt University and KU Leuven, Campus Brussels jointly hosted from 10 to 12 September 2014 the second European Environmental Law Forum (EELF) Conference, with as central topic Environmental and Planning Law Aspects of Large Scale Projects". The conference focused more specifically on the following aspects: -The role of spatial and environmental planning -Permitting and review procedures -Critical sectoral regimes -Horizontal measures. This book offers a selection of the contributions presented at the EELF Conference. They have all been submitted to two double-blind peer reviews. The book is subdivided into six main themes: 1. General 2. Public participation 3. Environmental impact assessment 4. Water 5. Nature 6. Land use."
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 Procedural Environmental Rights written by Jerzy Jendrośka and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Procedural Environmental Rights: Principle X in Theory and Practice' provides an overview of various aspects of the current status, development and practice of rights of access to information, public participation in decision-making and access to justice in environmental matters following their codification as non-binding principles in Principle X of the Rio Declaration.
Download or read book International Environmental Law written by Pierre-Marie Dupuy and published by Cambridge University Press. This book was released on 2018-06-07 with total page 597 pages. Available in PDF, EPUB and Kindle. Book excerpt: A concise, clear, and legally rigorous introduction to international environmental law and practice covering the very latest developments.
Download or read book Intellectual Property Enforcement Guidelines written by Canada. Competition Bureau and published by Canadian Government Publishing. This book was released on 2000 with total page 58 pages. Available in PDF, EPUB and Kindle. Book excerpt:
