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.

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.

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.

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.

13. Environmental Policy

2020 ◽  
pp. 297-320
Author(s):  
Andrea Lenschow
Keyword(s):  
European Union ◽  
Environmental Policy ◽  
Interest Groups ◽  
Policy Making ◽  
Policy Coordination ◽  
Historical Evolution ◽  
The European Union ◽  
Policy Makers ◽  
Environmental Interest Groups ◽  
The Eu

This chapter focuses on the European Union’s environmental policy, the development of which was characterized by institutional deepening and the substantial expansion of environmental issues covered by EU decisions and regulations. Environmental policy presents a host of challenges for policy-makers, including the choice of appropriate instruments, improvement of implementation performance, and better policy coordination at all levels of policy-making. The chapter points to the continuing adaptations that have been made in these areas. It first considers the historical evolution of environmental policy in the EU before discussing the main actors in EU environmental policy-making, namely: the European Commission, the Council of the European Union, the European Parliament, the Court of Justice of the European Union, and environmental interest groups. The chapter also looks at the EU as an international actor.

6. The European Union and the environment

2017 ◽  
Author(s):  
Stuart Bell ◽  
Donald McGillivray ◽  
Ole W. Pedersen ◽  
Emma Lees ◽  
Elen Stokes
Keyword(s):  
European Union ◽  
Environmental Protection ◽  
Environmental Law ◽  
National Standards ◽  
Eu Law ◽  
The European Union ◽  
Law And Policy ◽  
The Impact ◽  
Different Sources ◽  
The Eu

This chapter provides a brief overview of how the EU shapes UK environmental law and policy. It begins by providing an introductory guide to EU law, outlining the key institutions of the EU, the different sources of EU law, and how EU law is made. The chapter then proceeds to look at the more substantive elements of EU law as they affect environmental protection, starting with the policy and constitutional bases for EU environmental law, and gives a flavour of the scope of EU environmental legislation, before considering the scope for national standards to exceed those set at EU level or to disrupt trade between the Member States. This is followed by a discussion of the challenges faced in making EU environmental law work, and then with some thoughts on the impact of Brexit and how this may shape UK environmental law.

13. Environmental Policy Contending Dynamics of Policy Change

2017 ◽  
Author(s):  
Andrea Lenschow
Keyword(s):  
European Union ◽  
Environmental Policy ◽  
Policy Making ◽  
Environmental Issues ◽  
Policy Coordination ◽  
The European Union ◽  
Court Of Justice ◽  
Environmental Interest Groups ◽  
The Eu ◽  
Made In

This chapter focuses on the European Union’s environmental policy, the development of which was characterized by institutional deepening and the substantial expansion of environmental issues covered by EU decisions and regulations. Environmental policy presents a host of challenges for policymakers, including the choice of appropriate instruments, improvement of implementation performance, and better policy coordination at all levels of policy-making. The chapter points to the continuing adaptations that have been made in these areas. It first considers the historical evolution of environmental policy in the EU before discussing the main actors in EU environmental policy-making, namely: the European Commission, the Council of the European Union, the European Parliament, the Court of Justice of the European Union, and environmental interest groups. The chapter also looks at the EU as an international actor.

Transfers as a Means to Combat European Spillovers

2005 ◽  
Vol 225 (6) ◽  
Author(s):  
Dirk T.G. Rübbelke ◽  
Eytan Sheshinski
Keyword(s):  
European Union ◽  
Environmental Policy ◽  
European Countries ◽  
Environmental Taxation ◽  
Eastern European ◽  
The European Union ◽  
Accession Countries ◽  
Eastern European Countries ◽  
The Eu

SummaryIn 2004, there was a further enlargement of the European Union. Among the new member countries are eight Central and Eastern European countries. Especially the accession countries located directly at the border to the EU generate significant environmental spillovers harming the Union. These spillovers are mitigated but not deleted by the enlargement regulations.In this paper we will therefore analyze an instrument which may further diminish the spillover problems: transfers, which are conditional on a tightening of environmental policy in the accession countries. The environmental policy considered is the policy of environmental taxation.

scholarly journals The “New” Environmental Policy Of The European Union: A Path To Development Of A Circular Economy And Mitigation Of The Negative Effects Of Climate Change

2016 ◽  
Vol 19 (2) ◽  
pp. 57-73 ◽  
Author(s):  
Zofia Wysokińska
Keyword(s):  
Climate Change ◽  
European Union ◽  
Environmental Policy ◽  
Circular Economy ◽  
Low Carbon ◽  
The European Union ◽  
Negative Effects ◽  
Low Carbon Economy ◽  
Carbon Economy ◽  
The Eu

This paper analyses the evolution of the new environmental policy of the European Union in the context of the efforts undertaken to moderate the negative effects of climate change. It describes all the activities in the European Union designed to implement new tools of the EU environmental policy, such as low carbon economy technologies, tools that improve the efficiency of managing the limited natural resources, the environmentally friendly transport package, etc. All of them are aimed at laying the foundations of the circular economy, which may also be referred to as a closed-loop economy, i.e., an economy that does not generate excessive waste and whereby any waste becomes a resource.

The EU as guarantor of environmental protection in Germany

elni Review ◽  
2017 ◽  
pp. 17-24
Author(s):  
Thomas Ormond
Keyword(s):  
European Union ◽  
Environmental Protection ◽  
Environmental Law ◽  
Modern Society ◽  
The European Union ◽  
Member States ◽  
Law And Policy ◽  
Main Instrument ◽  
Energy Community ◽  
The Eu

In recent years it has become fashionable again among politicians and publicists across Europe to practice ‘Brussels bashing’ and make the EU responsible for many ills of globalisation and modern society. This applies in particular to the field of environmental law. The European Union has been active in the field of environmental protection since the 1970s, i.e. since a time when there was no Union yet but a European Economic Community (EEC), a European Coal and Steel Community and a European Atomic Energy Community (Euratom). The EEC Treaty of 1957 did not know the term ‘environmental protection’ and for the next decades did not contain any explicit legislative competence for this subject matter. The main instrument of EU environmental policy is the directive. In the European context it means a framework law, as proposed by the EU Commission and adopted by the Council and the European Parliament, which the Member States have to transpose within certain deadlines into their national law, and specify and implement by their authorities into practice. The directive is binding as regards the objective (the result to be achieved) but leaves the choice of form and methods to the national authorities. It is estimated that 80% of current environmental law in Germany (as well as probably in other Member States) is determined by the European Union. The author of this article presents his thoughts on how the EU shapes Member State environmental law and policy, highlighting inter alia “innovation from Brussels” such as EIA, access to environmental information and climate protection, as well as the systematic and risk-based approach as hallmark of EU legislation.

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