Download or read book European Union Case Law on the Birds and Habitats Directives written by Nina Claudia Miron and published by Kluwer Law International B.V.. This book was released on 2023-12-11 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: Energy and Environmental Law and Policy Series Despite the remarkable scope of EU conservation policy, and notwithstanding 30 years of relevant case law, nature in the EU continues to decline. This comprehensive book, focusing on the EU’s core legislation on nature, the Birds and Habitats Directives, presents a detailed summary and analysis of the two directives as interpreted by the Court of Justice of the European Union. The book’s systematic structure provides the crucial details of a large body of cases decided by the Court following legal actions taken by the European Commission or preliminary references submitted by national courts. It enables a clear procedural understanding of how nature cases are brought before the Court and how the Court approaches matters such as the burden of proof and the entitlement of environmental associations to litigate disputes. Among the salient areas of analysis are the following: the requirements for including sites within Natura 2000, the largest network of protected nature areas in the world; the obligations to conserve Natura 2000 sites and protect them from damage, including through procedural and substantive assessment requirements for plans and projects; requirements concerning unlawful or illegal activities; the strict protection requirements that apply to wild birds and other species, together with related derogation provisions; requirements to protect habitats in the wider countryside and interlinkages between the nature directives and directives on impact assessment, water, and environmental liability; challenges addressed or influenced by the Court, such as defects in Member State transposition, problems of monitoring and enforcing compliance, and dealing with harmful and benign subsidies; procedures used to bring cases to the Court, including direct actions by the Commission and preliminary references from national courts. According to the 2020 Global Risk Report of the World Economic Forum, biodiversity loss will be one of the biggest threats facing humanity in the next ten years. If nature is to have any hope of recovering and prospering, strict application of existing nature conservation rules is of utmost importance, especially as a recent evaluation shows that, although the EU nature directives are fit for purpose, implementation on the ground is lagging behind. By setting out the case law systematically and explaining what compliance with specific requirements entails, this book makes a signal contribution to nature conservation practice. Lawyers, policymakers, and NGOs working in the domain of nature conservation will greatly benefit.
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 National Courts and EU Environmental Law written by J. H. Jans and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book will look at the 'remedial capacity' of the doctrines direct effect, consistent interpretation and state liabilityfrom from the perspective of the national court applying them.
Download or read book The Future of the Law of the Sea written by Gemma Andreone and published by Springer. This book was released on 2017-03-30 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is open access under a CC BY-NC 4.0 license. It explores the diverse phenomena which are challenging the international law of the sea today, using the unique perspective of a simultaneous analysis of the national, individual and common interests at stake. This perspective, which all the contributors bear in mind when treating their own topic, also constitutes a useful element in the effort to bring today’s legal complexity and fragmentation to a homogenous vision of the sustainable use of the marine environment and of its resources, and also of the international and national response to maritime crimes.The volume analyzes the relevant legal frameworks and recent developments, focusing on the competing interests which have influenced State jurisdiction and other regulatory processes. An analysis of the competing interests and their developments allows us to identify actors and relevant legal and institutional contexts, retracing how and when these elements have changed over time.
Download or read book Mammals of Europe Past Present and Future written by Klaus Hackländer and published by Springer. This book was released on 2020-07-14 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This introductory volume provides an overview about the history and current status of European mammals, as well as management strategies. The remaining volumes cover comprehensive overviews of each species’ biology including paleontology, physiology, genetics, reproduction and development, ecology, habitat, diet, mortality and age determination. Their economic significance and management, as well as future challenges for research and management are also addressed. Each chapter includes a distribution map, a photograph of the animal and key literature. This authoritative handbook provides a timely and detailed description of all European mammals and will appeal to academics and students in mammal research, as well as to professionals dealing with mammal management, including control, use and conservation.
Download or read book Intellectual Property Rights written by Nikolaus Thumm and published by Springer Science & Business Media. This book was released on 2013-03-09 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the result of the PhD project I started four years ago at Europa-Kolleg Hamburg. I had the great opportunity to work on it for one year at the European University Institute in Florence and to finalise the oeuvre during my stay with the European Commission's Institute for Prospective Technological Studies in Seville. The subject matter of the book is intellectual property rights, patents in particular, and their process of harmonisation in Europe. At the beginning of the work, the intention was not to focus immediately on one narrow field in the huge realm of intellectual property rights but rather to open my mind in order to capture a broad variety of new ideas and concepts in the book. The work at three different institutes in three different European countries over the period of four years naturally exposed the work to diverging ideas and the exchange of views with many people. This is one reason for the wide spread of topics ordered around the given leitmotif, such as epistemological foundations, political background information,. the protection of biotechnological inventions and the building up process of intellectual property right systems in the countries of Central and Eastern Europe. In chapter two I take up Polanyi's differentiation of codifiable and tacit knowledge. Applying these concepts to my own work I realise that this book is only the visible and codified part of knowledge I was able to capture.
Download or read book European Union Case Law on the Birds and Habitats Directives written by NINA CLAUDIA. MIRON and published by . This book was released on 2023-12-11 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Energy and Environmental Law and Policy Series Despite the remarkable scope of EU conservation policy, and notwithstanding 30 years of relevant case law, nature in the EU continues to decline. This comprehensive book, focusing on the EU's core legislation on nature, the Birds and Habitats Directives, presents a detailed summary and analysis of the two directives as interpreted by the Court of Justice of the European Union. The book's systematic structure provides the crucial details of a large body of cases decided by the Court following legal actions taken by the European Commission or preliminary references submitted by national courts. It enables a clear procedural understanding of how nature cases are brought before the Court and how the Court approaches matters such as the burden of proof and the entitlement of environmental associations to litigate disputes. Among the salient areas of analysis are the following: the requirements for including sites within Natura 2000, the largest network of protected nature areas in the world; the obligations to conserve Natura 2000 sites and protect them from damage, including through procedural and substantive assessment requirements for plans and projects; requirements concerning unlawful or illegal activities; the strict protection requirements that apply to wild birds and other species, together with related derogation provisions; requirements to protect habitats in the wider countryside and interlinkages between the nature directives and directives on impact assessment, water, and environmental liability; challenges addressed or influenced by the Court, such as defects in Member State transposition, problems of monitoring and enforcing compliance, and dealing with harmful and benign subsidies; procedures used to bring cases to the Court, including direct actions by the Commission and preliminary references from national courts. According to the 2020 Global Risk Report of the World Economic Forum, biodiversity loss will be one of the biggest threats facing humanity in the next ten years. If nature is to have any hope of recovering and prospering, strict application of existing nature conservation rules is of utmost importance, especially as a recent evaluation shows that, although the EU nature directives are fit for purpose, implementation on the ground is lagging behind. By setting out the case law systematically and explaining what compliance with specific requirements entails, this book makes a signal contribution to nature conservation practice. Lawyers, policymakers, and NGOs working in the domain of nature conservation will greatly benefit.
Download or read book EU Environmental Law written by Ludwig Krämer and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU ENVIRONMENTAL LAW provides a detailed insight into the subject by an author with 30 years' experience of working within the European Commission.
Download or read book International Judicial Practice on the Environment written by Christina Voigt and published by Cambridge University Press. This book was released on 2019-04-18 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: Evaluates the fundamental legitimacy of judicial practice in the growing number of environmental cases heard before international courts.
Download or read book European Environmental Law written by Suzanne Kingston and published by Cambridge University Press. This book was released on 2017-07-20 with total page 563 pages. Available in PDF, EPUB and Kindle. Book excerpt: A critical and contextual overview of European environmental law examining today's key environmental challenges alongside traditional topics.
Download or read book Eurolegalism written by R. Daniel Kelemen and published by Harvard University Press. This book was released on 2011-04 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite western Europe's traditional disdain for the United States' "adversarial legalism," the European Union is shifting toward a very similar approach to the law, according to Daniel Kelemen. Coining the term "eurolegalism" to describe the hybrid that is now developing in Europe, he shows how the political and organizational realities of the EU make this shift inevitable. The model of regulatory law that had long predominated in western Europe was more informal and cooperative than its American counterpart. It relied less on lawyers, courts, and private enforcement, and more on opaque networks of bureaucrats and other interests that developed and implemented regulatory policies in concert. European regulators chose flexible, informal means of achieving their objectives, and counted on the courts to challenge their decisions only rarely. Regulation through litigation-central to the U.S. model-was largely absent in Europe. But that changed with the advent of the European Union. Kelemen argues that the EU's fragmented institutional structure and the priority it has put on market integration have generated political incentives and functional pressures that have moved EU policymakers to enact detailed, transparent, judicially enforceable rules-often framed as "rights"-and back them with public enforcement litigation as well as enhanced opportunities for private litigation by individuals, interest groups, and firms.
Download or read book Precedents and Case Based Reasoning in the European Court of Justice written by Marc Jacob and published by Cambridge University Press. This book was released on 2014-03-20 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: Marc Jacob analyses in depth the most important justificatory and decision-making tool of one of the world's most powerful courts.
Download or read book Defending Checks and Balances in EU Member States written by Armin von Bogdandy and published by Springer Nature. This book was released on 2021-01-05 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book deals with Article 7 TEU measures, court proceedings, financial sanctions and the EU Rule of Law Framework to protect EU values with a particular focus on checks and balances in EU Member States. It analyses substantive standards, powers, procedures as well as the consequences and implications of the various instruments. It combines the analysis of the European level, be it the EU or the Council of Europe, with that of the national level, in particular in Hungary and Poland. The LM judgment of the European Court of Justice is made subject to detailed scrutiny.
Download or read book Guidelines for Protected Areas Legislation written by Barbara J. Lausche and published by IUCN. This book was released on 2011 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: The central aim of this publication is to consider the key elements of a modern, comprehensive, and effective legal framework for successful management of protected areas. They provide practical guidance for all those involved in developing, improving, or reviewing national legislation on protected areas, be they legal drafters and practitioners, protected area managers, interested NGOs, or scholars. These guidelines include fifteen case studies, eight dealing with the protected area legislation of individual countries and six cases dealing with specific sites providing fundamental solutions that stand the test of time.
Download or read book The Oxford Handbook of European Union Law written by Anthony Arnull and published by Oxford University Press. This book was released on 2015-07-23 with total page 1092 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since its formation the European Union has expanded beyond all expectations, and this expansion seems set to continue as more countries seek accession and the scope of EU law expands, touching more and more aspects of its citizens' lives. The EU has never been stronger and yet it now appears to be reaching a crisis point, beset on all sides by conflict and challenges to its legitimacy. Nationalist sentiment is on the rise and the Eurozone crisis has had a deep and lasting impact. EU law, always controversial, continues to perplex, not least because it remains difficult to analyse. What is the EU? An international organization, or a federation? Should its legal concepts be measured against national standards, or another norm? The Oxford Handbook of European Union Law illuminates the richness and complexity of the debates surrounding the law and policies of the EU. Comprising eight sections, it examines how we are to conceptualize EU law; the architecture of EU law; making and administering EU law; the economic constitution and the citizen; regulation of the market place; economic, monetary, and fiscal union; the Area of Freedom, Security, and Justice; and what lies beyond the regulatory state. Each chapter summarizes, analyses, and reflects on the state of play in a given area, and suggests how it is likely to develop in the foreseeable future. Written by an international team of leading commentators, this Oxford Handbook creates a vivid and provocative tapestry of the key issues shaping the laws of the European Union.
Download or read book Riverine Ecosystem Management written by Stefan Schmutz and published by Springer. This book was released on 2018-05-08 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book surveys the frontier of scientific river research and provides examples to guide management towards a sustainable future of riverine ecosystems. Principal structures and functions of the biogeosphere of rivers are explained; key threats are identified, and effective solutions for restoration and mitigation are provided. Rivers are among the most threatened ecosystems of the world. They increasingly suffer from pollution, water abstraction, river channelisation and damming. Fundamental knowledge of ecosystem structure and function is necessary to understand how human acitivities interfere with natural processes and which interventions are feasible to rectify this. Modern water legislation strives for sustainable water resource management and protection of important habitats and species. However, decision makers would benefit from more profound understanding of ecosystem degradation processes and of innovative methodologies and tools for efficient mitigation and restoration. The book provides best-practice examples of sustainable river management from on-site studies, European-wide analyses and case studies from other parts of the world. This book will be of interest to researchers in the field of aquatic ecology, river system functioning, conservation and restoration, to postgraduate students, to institutions involved in water management, and to water related industries.
Download or read book Wetlands and Water Framework Directive written by Stefan Ignar and published by Springer. This book was released on 2015-01-14 with total page 110 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book compares the lessons learned from a wetland-perspective approach to the changing climate and the requirements of the Water Framework Directive (WFD) with regard to environmental conservation. Examples from Germany and Poland are discussed due to the efficiency of their respective implementations of water conservation policies. Although the general scientific interest in specific issues such as wetlands, climate change, nature conservation and the WFD enjoy a well established position in international environmental research, these four elements are rarely considered together due to the complexity of the processes, biased scenarios of global change and subjective policy background. Major challenges involved in carrying out environmental conservation actions that assess the potential impacts of climate change and management plans on water bodies are identified. The results of this approach are addressed to practitioners in the field of adaptive management in a wetlands context.
