Eu Environmental Principles And Scientific Uncertainty Before National Courts

Author : Mariolina Eliantonio
Publisher : Bloomsbury Publishing
ISBN 13 : 1509948201
Total Pages : 425 pages
Book Rating : 4.08/5 ( download)

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Download or read book EU Environmental Principles and Scientific Uncertainty before National Courts written by Mariolina Eliantonio and published by Bloomsbury Publishing. This book was released on 2023-04-20 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comparative book explores the dynamics driving how courts across Europe and beyond understand and analyse scientific information in nature conservation. The Habitats and the Birds Directives-the core of EU nature conservation law-are usually seen as the most 'uniform' parts of EU environmental law. This book analyses the case law from 11 current and former EU Member States' courts and explores the dynamics of how, and crucially why, their understandings of scientific uncertainty on the one hand, and EU environmental principles on the other, vary. The courts' scope and depth of review, access to scientific knowledge, and scientific literacy all influence such decisions-as does their interpretation of norms and principles. How have the courts evaluated scientific evidence, encompassing its essential uncertainties? This book answers this and many more questions pertinent to EU environmental law, comparative environmental law, administrative law, and STS studies. Co-edited by experienced leaders in the field, and with outstanding contributors, this book is an essential guide to the dynamics of nature conservation law.

Author : Richard Macrory
Publisher : Europa Law Publishing
ISBN 13 : 9789076871264
Total Pages : 272 pages
Book Rating : 4.64/5 ( download)

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Download or read book Principles of European Environmental Law written by Richard Macrory and published by Europa Law Publishing. This book was released on 2004 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: The precautionary principle, the polluters pay principle, and similar principles have become embedded in the language of contemporary environment policy. In this important new study, leading European experts in environmental law consider the legal significance of such environmental principles, both in jurisprudential theory and in practice before the courts. The development of the principles within the European Treaty is considered as well as the approach of the European Court of Justice to their interpretation. But it is the interpretation of environmental principles in front of national courts within Europe that forms the heart of the study, with chapters covering a number of the key Europe jurisdictions. The study, the first of its kind, presents a dynamic picture of environmental case law across Europe.

Author : Mariolina Eliantonio
Publisher : Bloomsbury Publishing
ISBN 13 : 150994821X
Total Pages : 425 pages
Book Rating : 4.15/5 ( download)

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Download or read book EU Environmental Principles and Scientific Uncertainty before National Courts written by Mariolina Eliantonio and published by Bloomsbury Publishing. This book was released on 2023-04-20 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comparative book explores the dynamics driving how courts across Europe and beyond understand and analyse scientific information in nature conservation. The Habitats and the Birds Directives-the core of EU nature conservation law-are usually seen as the most 'uniform' parts of EU environmental law. This book analyses the case law from 11 current and former EU Member States' courts and explores the dynamics of how, and crucially why, their understandings of scientific uncertainty on the one hand, and EU environmental principles on the other, vary. The courts' scope and depth of review, access to scientific knowledge, and scientific literacy all influence such decisions-as does their interpretation of norms and principles. How have the courts evaluated scientific evidence, encompassing its essential uncertainties? This book answers this and many more questions pertinent to EU environmental law, comparative environmental law, administrative law, and STS studies. Co-edited by experienced leaders in the field, and with outstanding contributors, this book is an essential guide to the dynamics of nature conservation law.

Author : Nicolas de Sadeleer
Publisher : OUP Oxford
ISBN 13 : 0191663506
Total Pages : 550 pages
Book Rating : 4.05/5 ( download)

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Download or read book EU Environmental Law and the Internal Market written by Nicolas de Sadeleer and published by OUP Oxford. This book was released on 2014-01-09 with total page 550 pages. Available in PDF, EPUB and Kindle. Book excerpt: For some, a protectionist policy underlies most environmental measures. Lawyers working in the area of fundamental freedoms are very accustomed to discussing all issues within a free market framework and therefore often come to market-friendly decisions. Similarly, while environmental law has taken on a renewed intensity at European level, the tendency has been to analyse the subject rather narrowly, and studies fail to address the impact of environmental law on market integration. Written by one of the foremost experts in the area, the book challenges current thought and re-assesses the rules of economic integration within an environmental framework. In so doing, it bridges the gap between environmental and trade law and provides a systematic, robust, and practically workable analytical framework of the conflicts opposing rapidly evolving environmental and climate change measures and internal market as well as competition rules. The book is divided into three parts, beginning with a systematic and in-depth analysis of the key Treaty provisions regarding environmental protection, as well as an overview of secondary environmental law. Part two addresses the compatibility of EU and national environmental protection measures with the provisions of the TFEU on the free movement of goods and services, and the freedom of establishment. Part three examines the compatibility of environmental protection measures with treaty provisions on the freedom of competition and State aids. The book also includes discussion of all major cases handed down by the Court of Justice, highlighting the real impact of the conflicts.

Author : Nicolas de Sadeleer
Publisher : Oxford University Press
ISBN 13 : 0192582666
Total Pages : 640 pages
Book Rating : 4.69/5 ( download)

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Download or read book Environmental Principles written by Nicolas de Sadeleer and published by Oxford University Press. This book was released on 2020-10-30 with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book traces the evolution of environmental principles from their origins as vague political slogans reflecting fears about environmental hazards to their embodiment in enforceable laws. Environmental law has always responded to risks posed by industrial society but the new generation of risks have required a new set of environmental principles, emerging from a combination of public fears, science, ethics, and established legal practice. This book shows how three of the most important principles of modern environmental law grew out of this new age of ecological risk: the polluter pays principle, the preventive principle, and the precautionary principle. Since the first edition was published, the principles of polluter-pays, prevention, and precaution have been encapsulated in a swathe of legislation at domestic and international level. Courts have been invoking environmental law principles in a broad range of cases, on issues including GMOs, conservation, investment, waste, and climate change. As a result, more States are paying heed to these principles as catalysts for improving their environmental laws and regulations. This edition will integrate to a greater extent the relationship between environmental principles and human rights. The book analyses new developments including the EU Charter of Fundamental Rights, the case law of the European Court of Human Rights, which has continuously carved out environmental duties from a number of rights enshrined in the European Convention of Human Rights, and the implementation of the UNECE Convention on Access to Information.

Author : J. H. Jans
Publisher :
ISBN 13 : 9789089521286
Total Pages : 0 pages
Book Rating : 4.83/5 ( download)

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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.

Author : J. H. Jans
Publisher :
ISBN 13 : 9789089521057
Total Pages : 584 pages
Book Rating : 4.54/5 ( download)

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Download or read book European Environmental Law written by J. H. Jans and published by . This book was released on 2012 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Taking into account new case law of the European courts, recent environmental directives and regulations, and the new provisions of the Lisbon Treaty, this book provides an in-depth analysis of important legal issues of European environmental law. What are the legal grounds for EU environmental policy, and on what principles are directives and regulations based upon? To what extent [are] EU environmental regulations more stringent [than] national environmental standards? What are the requirements the Court of Justice has imposed on the member states implementing environmental directives? How and to what extent can European environmental law be relied upon and challenged before national courts and the European courts? How do the Treaty rules on the internal market and undistorted competition interfere with national environmental policy? Answers to these and other questions can be found in this book. The book discusses all major environmental directives and regulations, integrating important judgments of the Court of Justice on their interpretations. Futhermore, national case law on the application of European environmental law is also ... taken into account"--Provided by publisher.

Author : Jan Hendrik Jans
Publisher :
ISBN 13 : 9789462513341
Total Pages : 0 pages
Book Rating : 4.41/5 ( download)

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Download or read book European Environmental Law written by Jan Hendrik Jans and published by . This book was released on 2024 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This leading monograph on European Environmental Law is now completely updated and revised. This book provides an in-depth analysis of important legal issues of European environmental law. What are the legal grounds for EU environmental policy and on what principles are directives and regulations based upon? To what extent precludes EU environmental regulation more stringent national environmental standards? What are the requirements the Court of Justice has imposed on the Member States implementing environmental directives? How and to what extent can European environmental law be relied upon and challenged before national courts and the European Courts? How do the Treaty rules on the internal market and undistorted competition interfere with national environmental policy? Answers to these and other questions can be found in this book.

Author : Suzanne Kingston
Publisher : Cambridge University Press
ISBN 13 : 110850860X
Total Pages : 563 pages
Book Rating : 4.05/5 ( download)

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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: EU Environmental Law is a critical, comprehensive and engaging account of the essential and emerging issues in European environmental law and regulation today. Suitable for advanced undergraduate and postgraduate students, the book delivers a thematic and contextual treatment of the subject for those taking courses in environmental law, environmental studies, regulation and public policy, and government and international relations. Placing the key issues in context, EU Environmental Law takes an interdisciplinary and thematic approach to help students to better understand the implementation and enforcement of environmental law and policy across Europe. It offers an accessible overview, and links theory with practical applications that will allow students to contextualise the outcomes of legal rules and their impact on public and private behaviours. It provides a definitive account of the subject, examining traditional topics such as nature conservation law, waste law and water law, alongside increasingly important fields such as the law of climate change, environmental human rights law, and regulation of GMOs and nanotechnology.

Author : Gary Elvin Marchant
Publisher : American Enterprise Institute
ISBN 13 : 9780844741895
Total Pages : 112 pages
Book Rating : 4.92/5 ( download)

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Download or read book Arbitrary and Capricious written by Gary Elvin Marchant and published by American Enterprise Institute. This book was released on 2004 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study examines how the European Union has used the precautionary principle in legal decisions.