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.
Chapter
21. Nature Conservation
Book
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
21. Environmental law
Elisa Morgera and Kati Kulovesi
This chapter examines EU environmental law. It first introduces the legal framework of EU environmental policy by explaining its historic evolution, as well as its current objectives and principles. It then explores three representative areas of EU environmental law - nature conservation, water, and climate change - with a view to highlighting two trends of broader relevance to the understanding of EU environmental law as a whole: the interaction between environmental protection and economic development, and the interaction between EU and international environmental law.
Chapter
22. Environmental law
Elisa Morgera and Kati Kulovesi
This chapter examines EU environmental law. It first introduces the legal framework of EU environmental policy by explaining its historic evolution, as well as its current objectives and principles. It then explores three representative areas of EU environmental law—nature conservation, water, and climate change—with a view to highlighting two trends of broader relevance to the understanding of EU environmental law as a whole: the interaction between environmental protection and economic development, and the interaction between EU and international environmental law. The chapter illustrates the very broad and ambitious objectives of EU environmental law, its progressive development and its continuing challenges, distinguishing areas of the EU environmental acquis that appear at different stages of development. Attention is focused on cutting-edge regulatory approaches in relation to freshwater and climate change. This chapter also demonstrates that the study of EU environmental law would not be complete without an understanding of the role of the EU as a global environmental actor, proactively engaged in the development and implementation of international environmental law. To a significant extent, EU environmental law aims to fulfil the international environmental obligations of the Union and/or its Member States. In addition, the EU increasingly develops its internal environmental regulation to anticipate or even influence the making of international environmental law.
Chapter
15. Environmental law and policy
This chapter examines environmental law and policy in the European Union, considering Union powers and the international context. It discusses the framework for Union environmental law and policy; environmental principles; European Union environmental law by sector; trade in endangered species; nature conservation; environmental protection implementation and enforcement; and environmental litigation.
Chapter
20. Biodiversity protection
Stuart Bell, Donald McGillivray, Ole W. Pedersen, Emma Lees, and Elen Stokes
This chapter examines the many different regimes in international, EU, and domestic UK law that aim to protect plants, animals, and increasingly the ecosystems of which they are a part. Initially, the chapter explores the reasons why we might want to protect wild animals and plants and the main types of legal controls used to do so. A central focus is on the question of who bears the cost of conservation and how the decision to protect a particular area or species is made and subsequently challenged, e.g., before the courts. The chapter also briefly outlines the historical context behind today’s rules.