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Book

Cover Environmental Law

Stuart Bell, Donald McGillivray, Ole Pedersen, Emma Lees, and Elen Stokes

Trusted by generations of students and academics alike, Environmental Law continues to provide, in its ninth edition, broad and comprehensive coverage of the key topics taught on most environmental law courses, explaining the subject in its social and political context, and considering both UK, EU, and international perspectives. Known for its clear structure and systematic approach, the book considers topics by theme and by sector, allowing more experienced readers to explore the intricacies of the subject while also providing a logical introduction for those new to environmental law or without a legal background. A clear and easy-to-understand writing style helps ensure readers are informed yet not overwhelmed, while useful diagrams and tables help to explain complex points. The new edition also features case studies, information boxes, and self-test questions to help draw out key points and consolidate your learning in preparation for assessments and further research. New to this edition are: discussions of the potential impact of Brexit on UK environmental law; an additional chapter discussing the regulation of new technologies, such as ‘fracking’; coverage of important cases such as Coventry v. Lawrence on nuisance, Walton, Champion, and the HS2 decision on environmental assessment, the ClientEarth air pollution litigation and the ICJ’s decision in Costa Rica v. Nicaragua; analysis of the Paris Agreement and other recent climate change developments; analysis of the new EIA Directive; discussion on the new sentencing guidelines; and enhanced coverage of the latest developments in respect to costs of litigation and the role of courts, the Aarhus Convention, and environmental rights.

Chapter

Cover International Law

10. International environmental law  

International environmental law is an area of international law where states have decided to cooperate with each other in order to fulfil certain goals of common interest and, for the most part, its rules and principles belong in the category of the international law of cooperation. This chapter discusses the most important parts of international environmental law and its main legal sources. It presents the fundamental principles of international environmental law, including those that seek to prevent damage to the environment and those that seek to ensure a balanced approach to environmental protection. It provides an overview of the most important parts of the substantial regulation in international environmental law, including the legal regime for the protection of the atmosphere, the conservation of nature and the regulation of hazardous substances. It also discusses features related to implementation and enforcement that are particular to international environmental law.

Chapter

Cover International Law

10. International environmental law  

International environmental law is an area of international law where states have decided to cooperate with each other in order to fulfil certain goals of common interest and, for the most part, its rules and principles belong in the category of the international law of cooperation. This chapter discusses the most important parts of international environmental law and its main legal sources. It presents the fundamental principles of international environmental law, including those that seek to prevent damage to the environment and those that seek to ensure a balanced approach to environmental protection. It provides an overview of the most important parts of the substantial regulation in international environmental law, including the legal regime for the protection of the atmosphere, the conservation of nature and the regulation of hazardous substances. It also discusses features related to implementation and enforcement that are particular to international environmental law.

Chapter

Cover Environmental Law

7. The regulation of environmental protection  

Stuart Bell, Donald McGillivray, Ole W. Pedersen, Emma Lees, and Elen Stokes

This chapter introduces the system of environmental regulation by building upon Ch. 4, which examined the sources of environmental law. In practice, environmental regulation involves more than the use of legal rules that forbid pollution and other forms of environmental harm. ‘Regulation’ is used to describe a wide range of different tools used in both legal and non-legal contexts—for example, it covers mandatory rules contained in environmental legislation, as well as non-binding environmental standards. The chapter outlines some of the reasons for regulating to protect the environment, before explaining how such regulation is introduced, applied, enforced, and reviewed. It examines the characteristics, strengths, and weaknesses of different approaches to standard-setting and the various instruments used to regulate potentially environmentally damaging activities. The chapter discusses several trends in modern environmental regulation, including the policy emphasis on deregulation and the use of information disclosure as a means of governing group or individual behaviour.

Chapter

Cover Environmental Law

2. Understanding Environmental Problems  

This chapter is an introduction to environmental problems specifically written for those studying environmental law. Understanding environmental problems is not just of passing academic interest, but is, rather, essential for understanding environmental law. A good environmental lawyer has a sophisticated appreciation of environmental problems and understands in particular how their nature impacts on environmental law and practice. The extracts in the chapter are thus not just optional background reading but are essential for understanding the subject. This chapter covers the collective nature of environmental problems, the role and limits of knowledge in identifying and addressing environmental problems, the nature of environmental values and the important but contentious role of the state in environmental decision-making.

Chapter

Cover Environmental Law

13. Pollution Control Permitting  

This chapter provides a basic overview of pollution control in England and Wales. It considers the nature of pollution, the evolving history of pollution control regulation, and the main mechanism for implementing pollution control—environmental permitting. Environmental permitting is a classic form of ‘command-and-control’ regulation, which is used in many areas of environmental regulation (water regulation, waste regulation, integrated pollution control etc). Moreover, England and Wales has adopted an innovative approach to permitting, bringing together many different types of environmental permits into a single, integrated scheme under the Environmental Permitting Regulations 2016. This administrative integration of permitting was designed to improve regulatory efficiency and certainty for operators and also to better coordinate environmental controls. This chapter provides an overview of this permitting scheme, which operates in most of the pollution control regimes covered in the chapters of Part IV.

Chapter

Cover Environmental Law

8. Environmental crime and enforcement  

Stuart Bell, Donald McGillivray, Ole W. Pedersen, Emma Lees, and Elen Stokes

This chapter is concerned with environmental crime and the enforcement of environmental law. It starts with some consideration of the difficult definition of ‘environmental crime’, including the distinction between moral and legal meanings of the term. Some of the basic framework of environmental crime, which helps to explain several of the approaches to the enforcement of environmental regulation, is then considered. For example, the fact that many environmental crimes are strict liability offences explains why the rate of successful prosecutions is high, but may also provide an explanation as to why some consider the sanctions that are imposed by the courts to be too low. A large part of the chapter is dedicated to a discussion of the enforcement practices adopted by regulatory agencies in England and Wales, including discussion of the use of civil sanctions instead of prosecutions and the recently enacted sentencing guidelines for environmental offences.

Book

Cover Environmental Law

Elizabeth Fisher, Bettina Lange, and Eloise Scotford

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. Environmental Law: Text, Cases & Materials provides students with a deep understanding of environmental law while also encouraging critical reflection of legal reasoning and pointing out areas of controversy and debate. The authors present a wide range of extracts from UK, EU, and international cases, legislation, and articles to help support learning and demonstrate both how the law works in practice and how it should or could work, clearly guiding students through key areas while providing insightful explanations and analysis. Topics have been carefully selected to support a wide range of environmental law courses, within law school and beyond. These include pollution control, nature conservation, climate change regulation, town planning, and water regulation, all incorporating aspects of law from local, UK, EU and international legal cultures. With its unique combination of extracts and author discussion, this new edition provides a wide-ranging, stimulating, and fresh approach to environmental law, which can be relied upon throughout your course and career. This book is also accompanied by an Online Resource Centre that features updates to the law, further reading suggestions, and useful weblinks.

Chapter

Cover Environmental Law

14. Integrated Pollution Control  

This chapter focuses on Integrated Pollution Control (IPC), a form of environmental regulation that was developed in the EU in the early 1990s. IPC takes a holistic view of the environment, acknowledging that ecosystems draw on interconnected and interdependent elements of the living and non-living environment. The chapter critically assesses the incorporation of holistic understandings of the natural environment into environmental law. First, it traces the elusive policy idea of holistic environmental regulation and decision-making, and draws attention to the early emergence of ideas of integrated pollution control in Victorian environmental law in Britain. Second, the chapter maps the application of holistic understandings of the natural environment through IPC regimes in both the EU and the UK, in particular the EU Directive on Industrial Emissions and its implementation through the Environmental Permitting (England and Wales) Regulations 2016.

Book

Cover Birnie, Boyle, and Redgwell's International Law and the Environment
Birnie, Boyle, and Redgwell's International Law and the Environment places legislation on the protection of the environment firmly at the core of its argument. It uses sharp and thorough analysis of the law, sharing knowledge and experience. The chapters provide a unique perspective on the implications of international regulation, promoting a wide understanding of the pertinent issues impacting upon the law. The text starts by looking at international law and the environment. It looks at the rights and obligations of states concerning the protection of the environment. The text also considers interstate enforcement which includes state responsibility, compliance, and dispute settlement. It moves on to consider non-state actors such as environmental rights, liability, and crimes. Climate change and atmospheric pollution are given some consideration. The text also examines the law of the sea and protection of the marine environment. Conservation is dealt with in detail, including the conservation of nature, ecosystems, and biodiversity and marine living resources. Finally, the text looks at international trade.

Chapter

Cover Competition Law

4. Article 101(3)  

This chapter examines Article 101(3) of the Treaty of Functioning of the European Union (TFEU). Article 101(3) provides a ‘legal exception’ to the prohibition in Article 101(1) by providing that it may be declared inapplicable in respect of agreements, decisions or concerted practices, or of categories of agreements, decisions or concerted practices, that satisfy four conditions. After making some preliminary comments on the application of Article 101(3), this chapter discusses the four conditions in Article 101(3). It then considers the implications of Regulation 1/2003 for undertakings and their professional advisers, and in particular their need to ‘self-assess’ the application of Article 101(3) to agreements. The final section of this chapter describes the system of so-called ‘block exemptions’.