This chapter looks at the relationship between the World Trade Organization (WTO) and international trade in terms of international environmental law. Twenty-five years after the WTO system came into operation it appears that neither trade law nor environmental law have trumped each other. Rather, there has been a process of accommodation which is still ongoing. The chapter ends by making some conclusions on the arguments presented in this book and the issues currently being faced. The current policy of encouraging free trade cannot always be made environmentally friendly and this will always be the case. The problem becomes clear if we consider climate change. Free trade and globalisation by nature exacerbates the difficulties of regulating environmental issues. In addition, one of the key problems with sustainable development as a concept is that there has been too much emphasis on development, and not nearly enough on sustainability, then a policy of promoting free trade is part of that problem.
Chapter
This chapter focuses on sustainable development, part of Agenda 2030 of the United Nations. The UN Sustainable Development Goals overlap with human rights and the associated targets and indicators embody many core human rights obligations already incumbent on States. This agenda is now the focal point of technical assistance and development programmes around the world and, crucially, applies to all States, irrespective of their state of development.
Chapter
This chapter focuses on sustainable development, part of Agenda 2030 of the United Nations, and human rights. This agenda is now the focal point of technical assistance and development programmes around the world and, crucially, applies to all States, irrespective of their state of development. The UN Sustainable Development Goals overlap with, and complement, human rights. Indeed, the associated targets and indicators reflect many core human rights obligations already incumbent on States. Whilst the Sustainable Development Goals lack the force of law underpinning human rights treaties, there is little doubt that strengthening human rights in a State will support progress towards sustainable development.
Chapter
This chapter concerns two key concepts of environmental law: environmental principles and environmental policy. Both concepts are well known to those who study and practise UK and EU law, but that familiarity can be deceiving when it comes to understanding their role in environmental law, because both principles and policy perform important, distinctive, and evolving functions. Environmental principles are highly symbolic ideas of environmental policy that have been developing prominent roles in environmental law globally, including in EU environmental law. Environmental policy is often implicated in environmental law regimes because of the need to respond quickly to changing circumstances and provide detailed and technical guidance in complex policy areas. Determining the legal implications of extensive reliance on policy in environmental law is thus important. Exploring both these distinctive legal features of environmental law—principle and policy—helps to elucidate different aspects of environmental law as a subject, interrogating the jurisprudential nature of environmental law and revealing key characteristics of its developing doctrine.
Chapter
This chapter discusses the overarching principles of the Union legal order, e.g. subsidiarity, proportionality, sustainability and equality; fundamental human rights in the Union (Court of Justice jurisdiction over Member State acts and rights against Union institutions or agents); and principles of administrative justice and good governance (legal certainty, non-retroactivity and legitimate expectations, rights of process and natural justice, transparency and legal professional privilege).
Chapter
This chapter discusses the overarching principles of the Union legal order (subsidiarity, proportionality, sustainability, and equality); fundamental human rights in the Union (Court of Justice jurisdiction over Member State acts, and rights against Union institutions or agents); and principles of administrative justice and good governance (legal certainty, non-retroactivity and legitimate expectations, rights of process and natural justice, transparency, and legal professional privilege).
Chapter
Stuart Bell, Donald McGillivray, Ole W. Pedersen, Emma Lees, and Elen Stokes
This chapter focuses on the complexity of environmental problems, which is one of its defining characteristics in the sense that there are often many interconnected, variable elements to the problem. It considers the interaction between values and environmental law, which involves some reflection on differing attitudes to the environment. The chapter examines some of the ways in which these values are translated into environmental principles, such as the goal of sustainable development or the Precautionary Principle; it then goes on to consider the question of whether these principles have legal status in the sense that they create legally enforceable rights and duties. Finally, it considers broader questions of environmental justice and the role of different types of rights in environmental protection.
Chapter
Stephen P Marks
This chapter, which addresses the challenge posed by poverty to human rights protection, first explains the meaning of ‘poverty’ and explores its relationship to human rights, development, and social justice. It also considers the context of globalization, and then illustrates the ways in which human rights concerns diverge from those of development and poverty reduction. The chapter examines how economists think about poverty and human rights, and analyses the thinking of governors of central banks and ministers of finance. Next, it addresses the convergence between human rights and anti-poverty agendas, beginning with some economic thinking that is congruent with human rights, and then turns to policies aiming to combat poverty using human rights tools.
Chapter
Stephen P Marks
This chapter, which addresses the challenge posed by poverty to human rights protection, first explains the meaning of ‘poverty’ and explores its relationship to human rights, development, and social justice. It also considers the context of globalization, and then illustrates the ways in which human rights concerns diverge from those of development and poverty reduction. The chapter examines how economists think about poverty and human rights, and analyses the thinking of governors of central banks and ministers of finance. Next, it addresses the convergence between human rights and anti-poverty agendas, beginning with some economic thinking that is congruent with human rights, and then turns to policies aiming to combat poverty using human rights tools.
Book
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.
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This chapter discusses the role of international law in addressing environmental problems. It reviews the salient legal principles: the preventive principle, the precautionary principle, the concept of sustainable development, the polluter-pays principle, the sic utere tuo principle, and the obligation of environmental impact assessment. It gives an overview of the key multilateral conventions covering traffic in endangered species, protection of the ozone layer, transboundary movement of hazardous wastes, climate change, and protection of the marine environment.
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This chapter briefly discusses the subject of merger control. Merger control is an important component of most, though not all, systems of competition law. Merger control has been under particular scrutiny in recent years, partly as a result of the rapid development of digital technologies and the emergence of powerful digital platforms. Separately there has been a certain backlash against the trend towards the globalisation of markets, and national governments, as well as the EU, have considered whether controls over the foreign acquisition of key industries are required, and whether the basic test of merger control – would a merger be harmful to competition? – should be supplemented by broader provisions enabling ‘the public interest’ to be taken into account. Against this background, the chapter begins by explaining what is meant by a ‘merger’ or ‘concentration’, the term used by the EU Merger Regulation (EUMR). It then proceeds to describe the different effects of mergers between independent firms from within and different production levels, the proliferation of systems of merger control, why firms merge, and the purpose of merger control. The final section of the chapter deals with how to design a system of merger control when a country decides, as a matter of policy, to adopt one.
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This chapter is concerned with horizontal cooperation agreements which the competition authorities in the EU and the UK may be prepared to countenance. There may be circumstances in which competitors cooperate with one another in a way that delivers economic benefits, not just for themselves, but for consumer welfare as well. After a discussion of joint ventures, the chapter discusses the application of Article 101 to horizontal cooperation agreements. It refers, in particular, to the European Commission’s Guidelines on Horizontal Cooperation Agreements and discusses, in turn, information exchange, research and development agreements, production agreements, purchasing agreements, commercialisation agreements, standardisation agreements, sustainability agreements and other cases of permissible horizontal cooperation. It concludes with a brief look at the treatment of horizontal cooperation agreements under UK competition law.
