Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Commission v Greece (‘Crete case II’) (Case C-387/97), EU:C:2000:356, [2000] ECR I-5092, 4 July 2000. The document also includes supporting commentary from author Noreen O’Meara.
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Private nuisance is defined as any substantial and unreasonable interference with the claimant’s land, or with his rights to peaceful enjoyment of that land and any right that exists in connection with it. It need not result from ‘direct’ or ‘intentional’ interference; it is sufficient that the defendant have ‘adopted or continued’ a state of affairs that constitutes an unreasonable interference. This chapter discusses the basis of liability in private nuisance; the concept of unreasonable interference and the difference between this concept and the notion of ‘reasonableness’ in negligence; who can sue and who can be sued; defences; and remedies. It also discusses, in outline, public nuisance; the relationship between nuisance and other forms of liability; and nuisance and protection of the environment.
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Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Commission v Greece (‘Crete case II’) (Case C-387/97), EU:C:2000:356, [2000] ECR I-5092, 4 July 2000. The document also includes supporting commentary from author Noreen O’Meara.
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Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Commission v Greece (‘Crete case II’) (Case C-387/97), EU:C:2000:356, [2000] ECR I-5092, 4 July 2000. The document also includes supporting commentary from author Noreen O'Meara.
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Stuart Bell, Donald McGillivray, Ole W. Pedersen, Emma Lees, and Elen Stokes
This chapter looks at the laws that aim specifically to protect plants, animals, the natural habitats—and, increasingly, the ecosystems—of which they are a part. This is an important part of environmental law, not least because of the appalling rate of decline in, and loss of, the natural environment, but also due to the obvious public interest in conserving biodiversity. Using the law to conserve nature, however, involves finding solutions to some complex policy issues. Finding space for species and habitats to be conserved often clashes with other legitimate social interests, such as economic development and respect for private property. These tensions—which mean that nature conservation law can be a controversial policy area—are a central theme of the chapter.
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This chapter considers two rights similar to copyright in many ways, in terms of both subject matter and the substantive contents of the rights: (1) the special or sui generis database right, which operates alongside the copyright in databases; and (2) performers’ rights. Both rights have been relatively recently introduced into the armoury of intellectual property law. The chapter gives an account of each of these rights, comparing them with copyright but also underlining the differences between the regimes, and the reasons behind these differences. The chapter considers relevant the relevant international and EU frameworks and also highlights the nature and importance of these rights.
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This chapter considers the evolution of modern copyright law against the background of its historical development in the UK and the international and European legal frameworks within which UK copyright law has been increasingly set since the nineteenth century. It examines the rationale and justifications for copyright and identifies the general policy context within which law and policy has developed in the UK and the EU. It also highlights the rapid development of new technologies which has brought copyright reform to the forefront in recent times, the difficulties which this new environment presents for the copyright framework, and how the framework has developed to such challenges.
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This chapter considers two rights similar to copyright in many ways, in terms of both subject matter and the substantive contents of the rights: (1) the special or sui generis database right, which operates alongside the copyright in databases; and (2) performers’ rights. Both rights have been relatively recently introduced into the armoury of intellectual property law. The chapter gives an account of each of these rights, comparing them with copyright but also underlining the differences between the regimes, and the reasons behind these differences. The chapter considers relevant the relevant international and EU frameworks and also highlights the nature and importance of these rights.
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Margot Horspool, Matthew Humphreys, and Michael Wells-Greco
Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise and reliable guides for students at all levels. The eleventh edition of European Union Law provides a systematic overview of the European institutions and offers thorough, wide-ranging coverage of the key substantive law topics, including separate chapters on competition, discrimination, environmental law and services. It also features a new chapter on the EU and its relationship with third countries, including the UK. Incisive analysis of the governing themes and principles of EU law is consistently delivered, while chapter summaries, critical questions, further reading suggestions and the new ‘Brexit checklist’ feature help to guide the reader through the subject and support further research. Topics covered also include supremacy and direct effect, the European Courts, general principles, free movement of goods and persons and citizenship.
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This chapter turns to issues related to fresh water. Fresh water is a finite resource and the more we pollute it, the more issues we have with its use. A sustainable supply of fresh water is vital to life. Historically, international water law was not particularly concerned with environmental problems. This chapter talks of ‘international watercourse’ which is a convenient designation for rivers, lakes, or groundwater sources shared by two mor more states. The law of international watercourses has for most of its history been concerned with the allocation and use of a natural resource of international significance, not with its conservation or environmental protection. While it can be asserted with some confidence that states are no longer free to pollute or otherwise destroy the ecology of a shared watercourse to the detriment of their neighbours or of the marine environment, definitive conclusions concerning the law in this area are more difficult to draw.
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This chapter gives the example of the Chernobyl reactor accident in 1986 to show that nuclear power creates risks for all states, irrespective of whether they choose this type of energy. Every state, and the global environment, is potentially affected by the possibility of radioactive contamination, the spread of toxic substances derived from nuclear energy, and the long-term health hazards consequent on exposure to radiation. Whether the nuclear power industry has now attained acceptable levels of risk to international society cannot be answered in the abstract, the chapter argues, or solely by reference to regulatory standards and technical capabilities, but must take into account public perceptions of risk, as well as the alternatives and the competing risks, such as climate change. The chapter notes that for all governments there are inevitably difficult policy choices in which there are few electoral advantages.
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This chapter relates at toxic and persistent substances such as chemicals, plastics, industrial wastes, and agricultural pesticides to international environmental law. These substances certainly create an environmental risk which has an international dimension. The chapter outlines the reasons for this. First, the release of persistent and potentially toxic substances into the environment may have long-term and cumulative effects on human and animal health over a wide area, including the marine environment. Secondly, international trade in wastes and chemicals poses a potential risk of accidental pollution of the marine environment and of transit states. The chapter aims to illustrate the importance of adequate institutional machinery for supervising implementation of environmental protection treaties and ensuring their continued development.
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This chapter focuses on threats of pollution to the health of the marine environment. It focuses in particular on marine pollution. The oceans constitute a large expanse of common space. The oceans have been freely used for maritime commerce, exploitation of living resources, extraction of oil and gas, and as a disposal area for waste products for centuries. The law needs to protect marine ecosystems as much as any others on land. Climate change has now begun to harm marine ecosystems and international law needs to consider this. The chapter aims to demonstrate the extent to which an international legal regime for the control of marine pollution from ships has developed since 1972, and the degree to which it has proved effective. The big question is: how can it be made more effective in the future?
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Stuart Bell, Donald McGillivray, Ole W. Pedersen, Emma Lees, and Elen Stokes
This chapter is concerned with the quality of the water environment. Considering that there are well-developed bodies of law at national, European, and international levels, all covering different ground, this is a major topic. The focus here, however, is on the control of pollution of inland and coastal waters; wider issues about water resource management, such as land drainage or flood defence, are not covered in any detail. The various forms of water pollutants are discussed here, as are as their sources and effects. The abstraction of water from the natural environment is only discussed in so far as this has an impact on water quality.
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Stuart Bell, Donald McGillivray, Ole W. Pedersen, Emma Lees, and Elen Stokes
This chapter focuses on national law, while also introducing international and European sources. Environmental law emerges at international, European, and national levels partly because the complex, interconnected nature of environmental problems requires a range of solutions at all of these levels. Some of the key characteristics of environmental laws that help to explain both the form and function of UK environmental law are examined here. The chapter also considers the institutions that are involved in the administration of environmental law and policy. The administration of environmental law and policy is carried out by a diversity of bodies, including government departments, regulatory agencies such as the Environment Agency, and a range of quasi-governmental bodies. The focus here is almost exclusively on UK structures and institutions. An underlying theme of the chapter is the way in which administrative structures are used to encourage the integration of environmental law and policy both internally—for example, through the creation of the Environment Agency as a unified regulatory agency—and externally; for example, through various methods of scrutinizing environmental policy across government departments.
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This chapter focuses on nature conservation law. This area of law includes a diverse range of legal regimes which are concerned with protecting the natural environment and includes laws that protect individual species and laws that protection particular areas. Nature conversation regimes exist at the national, EU and international level. The reasons for protection can vary as can by the types of law included in these regimes.
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This chapter considers the evolution of modern copyright law against the background of its historical development in the UK and the international and European legal frameworks within which UK copyright law has been set since the nineteenth century. It examines the rationale and justifications for copyright and identifies the general policy context within which law and policy has developed in the UK and the EU. It also highlights the rapid development of new technologies which has brought copyright reform to the forefront in recent times, the difficulties which this new environment presents for the copyright framework, and how the framework has developed to meet such challenges.
Book
Jo Samanta and Ash Samanta
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Medical Law Concentrate provides a study and revision guide aiming to cover the essential aspects of this rapidly changing field of law. Topics covered include: the contemporary healthcare environment; medical negligence; consent; confidentiality; and access to medical records. The volume also looks at abortion and prenatal harm, assisted reproduction, clinical research, and organ transplantation. Finally, it covers mental health law and the end-of-life decisions. The work is underpinned by reference to statutory provisions and the common law. Where appropriate, pertinent bioethical and moral principles that often underpin the law in this area are discussed, as well as the influence of quasi-law. Reference is made to key points of comparison with other jurisdictions, as well as some socio-legal considerations.
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This chapter considers the wide range of sources that a law student will need to discover and explore in their legal studies for a range of different purposes. Guidance is given on different legal and other sources and their importance, including the difference between primary and secondary resources and their place in legal learning. Guidance is also provided on navigating the way to the right resources and using them to guide the student to greater understanding. This chapter considers the various resources available in the modern university, both traditional library resources and additional digital resources, and resources in the wider context of how these sources can be accessed and other study tools. This includes consideration of the ‘virtual learning environment’ or VLE.
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Gina Clayton, Georgina Firth, Caroline Sawyer, and Rowena Moffatt
This chapter introduces some of the policy issues which shape immigration law. It discusses migration policy in a global context; the institutional basis of immigration control; electronic borders; current drivers of UK policy, including security and economic migration; control within the borders, including the hostile environment policy; treatment of asylum seekers; the refugee crisis; and the role of the media. The chapter touches on the scrutiny of immigration functions by the Parliamentary Home Affairs Select Committee and the Independent Chief Inspector of Borders and Immigration. There is a short discussion of the ambivalence of UK immigration policy towards economic migration.
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