european perspectives on environmental law and governance routledge research in eu law

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European Perspectives On Environmental Law And Governance

Author : Suzanne Kingston
ISBN : 9780415500067
Genre : LAW
File Size : 72. 79 MB
Format : PDF
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"This book provides a range of perspectives from some of the leading environmental academics and practitioners active in Europe today on some of the most pressing contemporary challenges in EU environmental law and governance. The book focuses on three key cross-cutting issues each of which is carefully analysed through the lens of governance. The first theme to be addressed is that of climate change and the problems it poses for EU governance. The second part of the book deals with the challenge of integrating environmental considerations into other policy areas, as required by the Treaty on the Functioning of the European Union, as well as the EU's Charter of Fundamental Rights. While the third theme focuses on the important challenge of improving environmental enforcement within the EU, considering issues such as the Aarhus Convention and the development of the Commission's work on implementation and enforcement over the last twenty years. Throughout the book the three selected themes are situated within the broader ongoing debate about the changing nature of European environmental governance, covering topics such as the development of European environmental governance post-Lisbon and how such development fits with broader trends in European governance theory and policy.The book contains contributions from experts in the field including Mary Robinson, Alan Boyle, Ludwig Kramer and Liam Cashman, and will be of interest to academics, students and practitioners of EU environmental law"--

Climate Change Migration And Human Rights

Author : Dimitra Manou
ISBN : 9781317222330
Genre : Business & Economics
File Size : 86. 95 MB
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Climate Change already having serious impacts on the lives of millions of people across the world. These impacts are not only ecological, but also social, economic and legal. Among the most significant of such impacts is climate change-induced migration. The implications of this on human rights raise pressing questions, which require serious scholarly reflection. Drawing together experts in this field, Climate Change, Migration and Human Rights offers a fresh perspective on human rights law and policy issues in the climate change regime by examining the interrelationships between various aspects of human rights, climate change and migration. Three key themes are explored: understanding the concepts of human dignity, human rights and human security; the theoretical nexus between human rights, climate change and migration or displacement; and the practical implications and challenges for lawyers and policy-makers of protecting human dignity in the face of climate change and displacement. The book also includes a series of case studies from Alaska, Bangladesh, Kenya and the Pacific islands which aim to improve our understanding of the theoretical and practical implications of climate change for human rights and migration. This book will be of great interest to scholars of environmental law and policy, human rights law, climate change, and migration and refugee studies.

Ecological Restoration In International Environmental Law

Author : Anastasia Telesetsky
ISBN : 9781317633662
Genre : Law
File Size : 83. 27 MB
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Human activities are depleting ecosystems at an unprecedented rate. In spite of nature conservation efforts worldwide, many ecosystems including those critical for human well-being have been damaged or destroyed. States and citizens need a new vision of how humans can reconnect with the natural environment. With its focus on the long-term holistic recovery of ecosystems, ecological restoration has received increasing attention in the past decade from both scientists and policymakers. Research on the implications of ecological restoration for the law and law for ecological restoration has been largely overlooked. This is the first published book to examine comprehensively the relationship between international environmental law and ecological restoration. While international environmental law (IEL) has developed significantly as a discipline over the past four decades, this book enquires whether IEL can now assist states in making a strategic transition from not just protecting and maintaining the natural environment but also actively restoring it. Arguing that states have international duties to restore, this book offers reflections on the philosophical context of ecological restoration and the legal content of a duty to restore from an international law, European Union law and national law perspective. The book concludes with a discussion of several contemporary themes of interest to both lawyers and ecologists including the role of private actors, protected areas and climate change in ecological restoration.

Ecological Integrity Law And Governance

Author : Laura Westra
ISBN : 9781351185455
Genre : Law
File Size : 72. 28 MB
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Ecological integrity is concerned with protecting the planet in a holistic way, while respecting ethics and human rights. Over recent years it has been introduced directly and indirectly in several legal regimes, culminating in international law with the 2016 expanded remit of the International Criminal Court, which now includes "environmental disasters". This book celebrates the 25th anniversary of the Global Ecological Integrity Group (GEIG), which includes more than 250 scholars and independent researchers worldwide, from diverse disciplines, including ecology, biology, philosophy, epidemiology, public health, ecological economics, and international law. It reviews the role of ecological integrity across a number of fields through inter- and trans-disciplinary engagement on matters affecting and governing the sustainability of life for both present and future generations. These include, ethics, environmental disasters, crimes against humanity and environmental health, and how such issues can be subject to sound governance and be incorporated into international law. The book also looks forward to new applications of the concept of ecological integrity, such as crimes that result in the exploitation of natural resources and the illegal dispossession? of land.

The European Union In International Climate Change Negotiations

Author : Stavros Afionis
ISBN : 9781317681496
Genre : Business & Economics
File Size : 29. 92 MB
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The EU has been portrayed as a leader in international climate change negotiations. Its role in the development of the climate change regime, as well as the adoption of novel policy instruments such as the EU Emissions Trading Scheme in 2005, are frequently put forward as indicative of a determination to push the international climate agenda forward. However, there are numerous instances where the EU has failed to achieve its climate change objectives (e.g. the 2009 Copenhagen Conference of the Parties). It is therefore important to examine the reasons behind these failures. This book explores in detail the involvement of the EU in international climate talks from the late 1980s to the present, focusing in particular on the negotiations leading up to Copenhagen. This conference witnessed the demise of the top-down approach in climate change policy and dealt a serious blow to the EU’s leadership ambitions. This book explores the extent to which negotiation theory could help with better comprehending the obstacles that prevented the EU from getting more out of the climate negotiation process. It is argued that looking at the role played by problematic strategic planning could prove highly instructive in light of the Paris Agreement. This broad historical perspective of the EU’s negotiations in international climate policy is an important resource to scholars of environmental and European politics, policy, law and governance.

The Greening Of European Business Under Eu Law

Author : Beate Sjåfjell
ISBN : 9781317664727
Genre : Law
File Size : 36. 29 MB
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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.

The European Union And Global Governance

Author : Mario Telò
ISBN : 9781134039029
Genre : Political Science
File Size : 21. 96 MB
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This book explores and analyses the multidimensional influence the European Union exerts in the world, focusing on its contribution to regional and global governance. Presenting a multidisciplinary approach with contributions by a panel of outstanding scholars from political science, economics, legal studies, philosophy and history, the book examines the EU as global player and international power in the making. The book is divided into three parts: Part I examines the influence of the EU as such on global governance, considering the Euro, the common market, the modernization policies for a knowledge society and its global role as both a multinational and regional democratic political system Part 2 focuses on the EU’s external policies, including trade; humanitarian aid; the environment; climate change, migration, terrorism, crime and EU foreign policy Part 3 explores the EU as a global actor in the making and looks at issues including enlargement and the EU’s neighbourhood policy; inter-regionalism; it critically addresses the weight of the historical legacies of Europe in the world and its cosmopolitan perspectives as well The European Union and Global Governance will be of vital interest to students and scholars of European Politics, International Relations, and European Studies.

Environmental Governance In Europe And Asia

Author : Jona Razzaque
ISBN : 9780415496544
Genre : Law
File Size : 72. 53 MB
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This book looks at environmental governance in both Asia and Europe and offers a comparative analysis of the two regions in order to provide a better understanding of the concept of ‘environmental governance’ and its status in Europe and Asia. The book assesses the legislative, institutional and participatory mechanisms which affect the overall development of environmental governance, and analyses current issues, concerns and strategies in respect of environmental governance at the local, national, and international levels. The rapid changes in economic, social and political life have had an enormous impact on Asia’s ecosystems and resources. Asian countries, in the name of economic development, are following the same environmentally destructive path their European counterparts followed in the past. The key to the environmental future of these two regions lies in the evolution of the character of governance - the ensemble of social ethics, public policies and institutions which structure how state actors and the civil society interact with the environment. This book will be valuable to scholars and students of environmental politics, EU and Asian studies, public policy, environmental law, and to decision makers and policy analysts.

Transboundary Environmental Governance

Author : Simon Marsden
ISBN : 9781317008040
Genre : Law
File Size : 86. 95 MB
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Effective protection of the marine and terrestrial environment increasingly requires cooperation between neighbouring States, international organizations, government entities and communities within States. This book analyses key aspects of transboundary environmental law and policy and their implementation in Asia, Australasia and Australian offshore territories, and surrounding areas beyond national jurisdiction including Antarctica. It discusses the potential for implementing key transboundary environmental mechanisms such as the 1991 Convention on Environmental Impact Assessment in a Transboundary Context (Espoo Convention) and its 1997 Protocol on Strategic Environmental Assessment (Kiev Protocol) in Australia and Asia drawing on experience from other regions and the potential application of these agreements to all UN member states. The book makes an innovative contribution to research in the area of transboundary environmental governance particularly as it applies to Asia, Australasia and international areas, supplementing similar research which has predominantly focused on Europe and North America.

The Legitimacy Of The European Union Through Legal Rationality

Author : Richard Ball
ISBN : 9781136011603
Genre : Law
File Size : 26. 58 MB
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Third country nationals (TCNs) play an important part in the economy of the European Union, reflected in the rights granted to them under European Union Law. Political expediency is however shaped by world, regional and domestic influences that in turn determine policy towards third country nationals and their legal rights to freedom of movement. This book examines the concept of political legitimacy within the European Union through the principles of legal rationality, focusing in particular on the European Union’s policy towards third country nationals. Richard Ball argues that for legal doctrine to be rational it must display the requirements of formal, instrumental and substantive rationality, each mutually exclusive and essential. In taking this position of legal rationality, the book focuses on free movement rights of TCNs within EU treaties and implementing legislation, the Area of Freedom Security and Justice, and Association Agreements. Ball concludes that the stance of European Union Law towards third country nationals lacks legitimacy, and suggests possible new directions that EU policy should take in the future.

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