EC environmental law in the national legal order

Abstract The United Nations Economic Commission for Europe Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters was adopted on 25 June 1998 in the Danish city of Aarhus. According to its provisions each state Part shall, within the framework of the national legal order, ensure that members of the public concerned have access to a review procedure before a court of law or another independent and impartial body established by law. At the same time, it contains regulations specifying the criteria that constitute the basis for determining persons enjoying rights to access justice with respect to national legal orders. Poland, being one of the state Parties, introduced into national legal order special provisions enabling implementation of the Aarhus Convention, including regulations concerning parties to proceedings in environmental matters. The aim of the study is to analyse and assess these regulations in the light of the requirements adopted in the Aarhus Convention and to formulate general conclusions in the field of key issues of the international and European environmental law and policy.

Download Full-text

3. The substance of environmental law

Environmental Law: A Very Short Introduction ◽

10.1093/actrade/9780198794189.003.0003 ◽

2017 ◽

pp. 19-35

Author(s):

Elizabeth Fisher

Keyword(s):

Collective Action ◽

Environmental Law ◽

Case Law ◽

Environmental Problems ◽

Legal Order ◽

Complex Field ◽

Legal Practice ◽

Political Aspect ◽

Regulatory Strategies ◽

Collective Action Problems

Environmental problems have a socio-political aspect, but they are also very real collective action problems that require collective responses. Law is the most legitimate and stable medium through which to foster and maintain collective responses to environmental problems. Environmental law has thus developed at all levels of government. It is a dense thicket of legislation, treaties, policies, regulatory strategies, and case law shaped by the complexities of many different environmental problems. ‘The substance of environmental law’ considers the diversity, material, and legal categorization of environmental law and the pursuit of stability. Environmental law is a complex field of legal practice embedded in a legal order that responds to the complexity of environmental problems.

Download Full-text

Due Diligence in the International Legal Order

10.1093/oso/9780198869900.001.0001 ◽

2020 ◽

Keyword(s):

International Law ◽

Environmental Law ◽

Legal Order ◽

Due Diligence ◽

Present Book ◽

International Economic Law ◽

International Legal Order ◽

Rules And Principles ◽

And Function ◽

Diverse Interactions

Due diligence is a prominent concept in international law. Still, for long, its role seemed to be that of a familiar stranger. Frequent referrals to the concept in arbitral awards, court decisions, and in scholarly discussions mostly on state responsibility hide the fact that the specific normative content and systemic relation of due diligence to rules and principles of international law has largely remained unexplored. The present book provides the first comprehensive analysis of the content, scope, and function of due diligence across various areas of international law, including international environmental law, international peace and security law, and international economic law. Sector by sector, contributors explore the diverse interactions between due diligence and area-specific substantive and procedural rules as well as general principles of international law. The book exposes the promises and limits of due diligence for enhancing accountability and compliance and identifies the rise of due diligence as a signal for change in the international legal order towards risk management and proceduralisation.

Download Full-text

Trans-frontier Environmental Damage in International Jurisprudence

Journal of Politics and Law ◽

10.5539/jpl.v9n5p102 ◽

2016 ◽

Vol 9 (5) ◽

pp. 102

Author(s):

Sayyed Ghasem Zamani ◽

Mohammadreza Alipour

Keyword(s):

Environmental Law ◽

Environmental Issues ◽

Legal Order ◽

Environmental Damage ◽

International Environmental Law ◽

International Courts ◽

Vague Set ◽

Significant Damage ◽

International Legal Order ◽

Rules And Principles

The enhancement of environmental awareness in both domestic and international level has been accompanied by the growing number of internal authorities and international bodies within which environmentally related disputes can be addressed. Over the years, environmental issues have been discussed by different international judicial courts and arbitration tribunals. Their contribution to enhance the legitimacy of international concerns to the protection of environment is a significant one. They have acted to clarify the international environmental rules within the international legal order and have augmented the ability of domestic legal systems to deal with associated problems more effectively. The international judicial bodies as well as arbitration tribunals have been faced with a rather vague set of rules and principles that made it an enormous task to apply the law to the particular facts of a case in question. Issues relating to the existence, contents and meaning of the certain related concepts took considerable spaces in the contributions of international courts and tribunals in the course of developing international environmental law, particularly the concepts of environmental damage and the liable party to make reparation. International judicial bodies mostly relied on procedural obligations of states and arbitration tribunals on damage itself and the necessity to compensate them. While the damage is mostly confined to significant damage of value-use aspects of the environment, and liable party is focused on the damage causing activities of the operator, the reparation modes are unsteady between only financial compensation and, if possible, near to restitution.

Download Full-text

Compliance Control in International Environmental Law: Traversing the Limits of the National Legal Order

Yearbook of International Environmental Law ◽

10.1093/yiel/13.1.165 ◽

2002 ◽

Vol 13 (1) ◽

pp. 165-186

Author(s):

André Nollkaemper

Keyword(s):

Environmental Law ◽

Legal Order ◽

Compliance Control ◽

International Environmental Law

Download Full-text

Environmental Policy “Outside-In”: How the EU's Engagement with International Environmental Law Curtails National Autonomy

German Law Journal ◽

10.1017/s207183220001779x ◽

2012 ◽

Vol 13 (11) ◽

pp. 1151-1176 ◽

Cited By ~ 2

Author(s):

Christina Eckes

Keyword(s):

International Relations ◽

Basic Assumption ◽

Environmental Law ◽

Legal Order ◽

International Environmental Law ◽

Internal Set ◽

Set Up ◽

Complex Architecture ◽

Organizational Principles ◽

The Eu

The EU legal system, with its many hands and complex architecture, in which national and European powers are closely interwoven, requires a particular form of cooperation. This delicately developed cooperation may be influenced by the EU's ambition to take a statelike role in international relations. Indeed, the basic assumption underlying this Article is that it is not only the EU's complexity that influences the EU's external actions—usually seen as limiting the EU's capacity to speak with one voice—but also that the EU's external actions influence its internal set-up and cooperation practices. As a result of the EU's participation in international legal regimes, established organizational principles might come under pressure. Furthermore, within the complexity of the European legal order, the potential consequences could be more disturbing for stability than within the—monolithic, in comparison—structure of states.

Download Full-text