This chapter discusses the highly complex and technical regime for regulating large industrial facilities. The focus is on the environmental permitting regime and the underlying EU rules found in the Industrial Emissions Directive. The chapter also includes analysis of some of the early and historical regulations rolled out in response to the pollution caused by the industrial revolution.
Chapter
14. Environmental permitting and integrated pollution prevention and control (IPPC)
Stuart Bell, Donald McGillivray, Ole W. Pedersen, Emma Lees, and Elen Stokes
Chapter
7. The regulation of environmental protection
Stuart Bell, Donald McGillivray, Ole W. Pedersen, Emma Lees, and Elen Stokes
This chapter introduces different approaches to environmental regulation. Through a series of examples, it explores reasons for regulating, regulatory processes, techniques and forms of regulation, including different types of environmental standards, and the importance of enforcement and compliance.
Chapter
4. Criminal Law Fabric
This chapter analyses the fabric of criminal law—rules, standards, and principles—giving examples of how each of these are used to construct the criminal law. A particular highlight, in the discussion of rules, is the importance of secondary legislation in creating offences, especially offences regulating business activity. The chapter also considers the values that the criminal law should respect, such as human rights, moral autonomy, and lifestyle autonomy. To that end, the chapter explains the harm principle, and the arguments for and against punishing ‘immoral’ behaviour. There is also an analysis of important principles of criminal offence construction and interpretation, such as the principle of strict construction and the authoritarian principle.
Chapter
31. Introduction to Passing Off and Trade Marks
L. Bently, B. Sherman, D. Gangjee, and P. Johnson
This chapter introduces the common law of passing off and the statutory regime that protects registered trade marks found in the Trade Marks Act 1994. It commences with a brief history of trade marks and the development of their legal protection. This is followed by a discussion of the ways in which legal protection of signs and symbols are justified. It then considers the international and regional background that informs and constrains the law on trade marks in the UK, with particular reference to registration and the harmonization of standards. The chapter concludes by looking at challenges posed to trade marks by electronic commerce and the use of trade marks as domain names, as well as recent developments in artificial intelligence which will impact this field.
