INVOKING DIRECT APPLICATION AND EFFECT OF INTERNATIONAL TREATIES BY THE EUROPEAN COURT OF JUSTICE: IMPLICATIONS FOR INTERNATIONAL ENVIRONMENTAL LAW IN THE EUROPEAN UNION

2011 ◽  
Vol 60 (3) ◽  
pp. 737-757 ◽  
Author(s):  
Simon Marsden
Keyword(s):  
Environmental Law ◽  
Direct Application ◽  
The European Union ◽  
International Treaties ◽  
International Environmental Law ◽  
Effective Implementation ◽  
European Court ◽  
Future Potential ◽  
Judicial Protection ◽  
The Eu

AbstractThis article analyses the contribution made to the effective implementation of international environmental law in the EU by the ECJ invoking direct application and effect of international treaties. It considers the requirements of these doctrines in international law, distinguishing them from related doctrines in EU law. It reviews jurisprudence and literature and evaluates future potential. Implications for direct application and effect from the EU doctrine of primacy and for the principle of effective judicial protection are examined, and alternatives to full transposition, implementation and enforcement explored, including non-compliance procedures.

Part VI Actors, Ch.37 Regional Organizations the European Union

2021 ◽  
Author(s):  
Maljean-Dubois Sandrine
Keyword(s):  
European Union ◽  
Environmental Policy ◽  
Environmental Law ◽  
General Question ◽  
The European Union ◽  
International Treaties ◽  
International Environmental Law ◽  
Regional Organizations ◽  
Environmental Negotiations ◽  
The Eu

This chapter addresses the European Union (EU) as a preeminent example of a regional organization and its role in international environmental law. It first examines the progressive affirmation of EU competence in the environmental field and its development of a distinctive environmental policy. The chapter then turns to the external dimension of EU environmental competence, discussing the EU's participation in and enforcement of international environmental law, as well as the general question of whether the EU can be said to have an external environmental policy. The EU internal environmental policy expands on the international stage. Even if it lacks the internal structures and resources fully and effectively to assume a role as a global environmental leader, the EU participates in environmental negotiations, concludes and implements international treaties, and exercises its ‘soft power’ to promote the development and implementation of international environmental law. The chapter concludes with some brief reflections on other regional organizations and their distinctions from the largely sui generis EU example.

Regulation of Nanomaterials in the EU: Proposed Measures to Fill in the Gap

2014 ◽  
Vol 5 (2) ◽  
pp. 228-235 ◽  
Author(s):  
David Azoulay ◽  
Vito Buonsante
Keyword(s):  
European Union ◽  
Environmental Law ◽  
The European Union ◽  
International Environmental Law ◽  
Eu Legislation ◽  
Hazard Risk ◽  
The Earth ◽  
The Eu

This report discusses a proposal fromthe Center for International Environmental Law(CIEL), ClientEarth and Friends of the Earth Germany (Bund) on the regulation of nanomaterials in the European Union. It discusses in particular, the proposal for a horizontal regulation on nanomaterials (also referred to as a nano-patch for existing legislation) that would fill in the regulatory gap on nanomaterials. The proposal goes beyond a review of the REACH text and encompasses all EU legislation relevant to nanomaterials. The proposed instrument would amend the REACH text with delimitation in scope to all areas relevant to nanomaterials (on the model of Regulation 1272/2008 on the classification, labelling and packaging of chemicals). The main aim of the regulation is to ensure that hazard, risk and exposure assessments for all forms and uses of such materials are adequately carried out and taken into consideration.

Part IX International Environmental Law in National/Regional Courts, Ch.63 European Union/United Kingdom

2021 ◽  
Author(s):  
Scotford Eloise
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Environmental Law ◽  
Court System ◽  
The European Union ◽  
International Environmental Law ◽  
Member States ◽  
The United Kingdom ◽  
The Uk ◽  
The Eu

This chapter evaluates international environmental law (IEL) in the courts of the European Union (EU) and the United Kingdom. This topic potentially covers many different kinds of courts, considering that the EU comprises many member states, each with its own court system, and the United Kingdom itself is a system of devolved government with different court systems. To draw out some key themes, the chapter focuses on decisions of the EU courts and the UK courts in England and Wales, as well as particularly notable decisions of other EU member state courts (available in English). The different experiences of IEL in these three sets of courts demonstrate that the doctrines of different legal systems and their legal cultures are critical to the experiences of their courts in implementing IEL. The chapter examines the reception and application of IEL in these different courts in two steps. It first looks at cases in which IEL has been directly applied by courts, considering the complex EU law in this area, and the EU's special role in implementing IEL in member states. The chapter then addresses cases where IEL applies indirectly in judicial reasoning.

Globalisation of Environmental Law

2011 ◽  
Vol 8 (3) ◽  
pp. 273-290
Author(s):  
Hans-Joachim Koch ◽  
Christin Mielke
Keyword(s):  
International Law ◽  
Environmental Law ◽  
The European Union ◽  
International Environmental Law ◽  
Creative Development ◽  
Environmental Threats ◽  
Effective Implementation ◽  
Environmental Organization ◽  
Leading Role ◽  
Global Environmental

AbstractExigent global environmental threats require concerted global answers and impose great challenges to the international community. Since the 1972 Stockholm UN-Conference, a dynamic and creative development of international environmental law has brought about many important achievements. However, major shortcomings remain to be tackled, and a further globalization of the environmental law with massive impacts on the European and national legal orders is imperative. The European Union can play a leading role in the swift and effective implementation of international law. Today, many EU environmental acts are, in fact, already implementing international stipulations. For an effective future development of international environmental law, a special UN environmental organization appears urgently needed.

Revisiting the External Dimension of the Environmental Policy of the European Union: Some Challenges Ahead

2010 ◽  
Vol 7 (4) ◽  
pp. 365-390 ◽  
Author(s):  
Teresa Fajardo del Castillo
Keyword(s):  
European Union ◽  
Environmental Policy ◽  
Environmental Law ◽  
External Action ◽  
Lisbon Treaty ◽  
The European Union ◽  
International Environmental Law ◽  
Green Power ◽  
External Dimension ◽  
The Eu

AbstractThis article reviews the legal dimension of the EU external environmental policy and its progress as a normative green power promoting compliance with international environmental law. It discusses the changes brought about by the Lisbon Treaty and the creation of the EU External Action Service and its future possible developments.

scholarly journals The EU in multilateral environmental compliance mechanisms: an outside view

2021 ◽  
Vol 5 (1) ◽  
Author(s):  
Birgit Hollaus
Keyword(s):  
Environmental Law ◽  
Special Treatment ◽  
Control Mechanisms ◽  
Environmental Compliance ◽  
The European Union ◽  
International Environmental Law ◽  
Special Position ◽  
Judicial Control ◽  
Careful Scrutiny ◽  
The Eu

With reference to its unique characteristics, the European Union (EU) regularly requests a special position in treaty cooperation or external judicial control mechanisms. Recurrently, these requests are successful and lead to the EU being treated differently from other treaty parties. These situations have been captured by the concept of ‘European exceptionalism’. EU requests for special treatment can also be witnessed in the supportive and facilitative procedures of compliance mechanisms in international environmental law. In those mechanisms, however, EU requests for special treatment are subject to careful scrutiny, and are even met with strong opposition by treaty institutions and treaty partners. Taking a closer look at the EU’s participation in compliance mechanisms, the present article discusses how certain unique EU characteristics may prompt an EU request for special treatment under compliance mechanisms and explores how compliance institutions and treaty partners have treated existing requests so far. With this outside perspective of non-EU actors, it is possible to understand where such requests can be successful and where they fail to be. In this way, the insights gained permit reflection upon the EU’s participation in compliance mechanisms and whether it truly constitutes a further phenomenon of ‘European exceptionalism’.

The right to appeal to the European Court of Human Rights

2020 ◽  
Author(s):  
Yuliya Samovich
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Legal Regulation ◽  
The European Union ◽  
Educational Organizations ◽  
European Court ◽  
Protection Of Human Rights ◽  
Judicial Procedure ◽  
The Right ◽  
Judicial Protection

The manual is devoted to making individual complaints to the European Court of human rights: peculiarities of realization of the right to appeal, conditions of admissibility and the judicial procedure of the European Court of Human Rights. The author analyses some “autonomous concepts” used in the court's case law and touches upon the possibility of limiting the right to judicial protection. The article deals with the formation and development of the individual's rights to international judicial protection, as well as the protection of human rights in universal quasi-judicial international bodies and regional judicial institutions of the European Union and the Organization of American States. This publication includes a material containing an analysis of recent changes in the legal regulation of the Institute of individual complaints. The manual is recommended for students of educational organizations of higher education, studying in the areas of bachelor's and master's degree “Jurisprudence”.

scholarly journals Economic and Environmental Consequences of the ECJ Genome Editing Judgment in Agriculture

Agronomy ◽  
2021 ◽  
Vol 11 (6) ◽  
pp. 1212
Author(s):  
Alexander Gocht ◽  
Nicola Consmüller ◽  
Ferike Thom ◽  
Harald Grethe
Keyword(s):  
Genome Editing ◽  
Agricultural Sector ◽  
Ghg Emissions ◽  
Food Products ◽  
Food Prices ◽  
Farm Income ◽  
The European Union ◽  
Environmental Consequences ◽  
European Court ◽  
The Eu

Genome-edited crops are on the verge of being placed on the market and their agricultural and food products will thus be internationally traded soon. National regulations, however, diverge regarding the classification of genome-edited crops. Major countries such as the US and Brazil do not specifically regulate genome-edited crops, while in the European Union, they fall under GMO legislation, according to the European Court of Justice (ECJ). As it is in some cases impossible to analytically distinguish between products from genome-edited plants and those from non-genome-edited plants, EU importers may fear the risk of violating EU legislation. They may choose not to import any agricultural and food products based on crops for which genome-edited varieties are available. Therefore, crop products of which the EU is currently a net importer would become more expensive in the EU, and production would intensify. Furthermore, an intense substitution of products covered and not covered by genome editing would occur in consumption, production, and trade. We analyzed the effects of such a cease of EU imports for cereals and soy in the EU agricultural sector with the comparative static agricultural sector equilibrium model CAPRI. Our results indicate dramatic effects on agricultural and food prices as well as on farm income. The intensification of EU agriculture may result in negative net environmental effects in the EU as well as in an increase in global greenhouse gas (GHG) emissions. This suggests that trade effects should be considered when developing domestic regulation for genome-edited crops.

scholarly journals Rights and Powers in the European Union: Towards a Charter that is Fully Applicable to the Member States?

2020 ◽  
pp. 1-22
Author(s):  
Aida TORRES PÉREZ
Keyword(s):  
Rule Of Law ◽  
Fundamental Rights ◽  
The European Union ◽  
Member States ◽  
The Rule Of Law ◽  
Rights Protection ◽  
Scope Of Application ◽  
Judicial Protection ◽  
Eu Fundamental Rights ◽  
The Eu

Abstract This contribution will tackle a central question for the architecture of fundamental rights protection in the EU: can we envision a Charter that fully applies to the Member States, even beyond the limits of its scope of application? To improve our understanding of the boundaries of the Charter and the potential for further expansion, I will examine the legal avenues through which the CJEU has extended the scope of application of EU fundamental rights in fields of state powers. While the latent pull of citizenship towards a more expansive application of the Charter has not been fully realized, the principle of effective judicial protection (Article 19(1) TEU) has recently shown potential for protection under EU law beyond the boundaries of the Charter. As will be argued, effective judicial protection may well become a doorway for full application of the Charter to the Member States. While such an outcome might currently seem politically unsound, I contend that a progressive case-by-case expansion of the applicability of the Charter to the Member States would be welcome from the standpoint of a robust notion of the rule of law in the EU.

scholarly journals From social regulation of competition to competition as social regulation: transformations in the socioeconomic governance of the European Union

2017 ◽  
pp. 53-68 ◽  
Author(s):  
Antonios Roumpakis ◽  
Theo Papadopoulos
Keyword(s):  
Industrial Relations ◽  
Social Regulation ◽  
The European Union ◽  
Wage Setting ◽  
Regulatory Changes ◽  
European Court ◽  
The Right ◽  
New Procedures ◽  
The Eu

This chapter studies the character of contemporary socioeconomic governance in the EU. It draws on empirical evidence capturing the type and extent of regulatory changes in the fields of industrial relations, corporate governance, and the coordination of macro-economic policy in the EU. The effects of these changes are long term, cumulative, and mutually reinforcing and should be seen as integral elements of a relatively coherent project to establish a form of transnational polity in Europe that privileges competition as its regulatory rationale. Indeed, the European Court of Justice (ECJ) has been institutionally prioritising market freedoms and competition over labour rights, and especially the right to collective action in an emerging transnational regulatory field in the EU. Meanwhile, the new procedures of European macro-economic coordination construe national wage setting, collective bargaining institutions, and, more generally, social policy as adjustment variables serving primarily the purpose of promoting or restoring member states' economic competitiveness.

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