Of Density and Decline: State of the Nation Reflections on the Teaching of Environmental Law in the UK

2019 ◽  
Author(s):  
Steven Vaughan ◽  
Alexandru Baltag ◽  
Ryan Brun ◽  
Rory Buttle ◽  
Caoimhe Creed ◽  
...  
Keyword(s):  
Author(s):  
Margot Horspool ◽  
Matthew Humphreys ◽  
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.


ERA Forum ◽  
2020 ◽  
Vol 21 (4) ◽  
pp. 655-665
Author(s):  
Colin T. Reid

AbstractThe UK’s withdrawal from the EU will not bring about immediate changes to the substance of environmental law in the UK, but that law will become easier to change. The future position is complicated by devolution within the UK, where differing policy objectives on continuing alignment with the EU and weaknesses in the inter-governmental structures are causing problems. Environmental principles are being given legal recognition and new structures for environmental governance being created for each nation. These include environmental watchdogs that go some of the way to making up for the loss of the oversight provided by the EU institutions.


2005 ◽  
Vol 7 (2) ◽  
pp. 110-123 ◽  
Author(s):  
Aylwin Pillai ◽  
Colin T. Reid ◽  
Andrew R. Black

The UK and Scottish governments’ policy commitments to renewable energy, driven by recognition of the impacts of global warming and climate change, have led to increasing interest in all aspects of renewable energy. This article is concerned with how the Scottish Executive is able to reconcile new hydro-electric developments as a source of renewable energy with the local impacts of those developments. The outcome of a recent application for consent to construct a hydro-electric scheme at Shieldaig and Slattadale in Wester Ross provides an illustration of the issues involved. The local environmental impacts of hydroelectric development are considerable and the application of environmental impact assessment to the approval procedure for new schemes means that a much broader range of environmental impacts is now considered than ever before. The decision shows the importance of compliance with European Community environmental law, and is particularly interesting for its application of the precautionary principle to prevent impacts on protected species.


elni Review ◽  
2017 ◽  
pp. 11-16
Author(s):  
Céline Charveriat ◽  
Andrew Farmer

Brexit is an unprecedented event for the EU. No Member State has ever left the Union previously. At most, overseas territories with small populations have changed status, such as Greenland (Denmark) in 1985 and the Outermost Region Saint Barthélemy (France), which became an Overseas Country and Territory (OCT) in 2012. These cases may have limited lessons for the UK adapting its legislation post-Brexit, as they did not impact EU decision making and law and, therefore, are not precedents for the subject of this paper. There has been quite a lot of analysis on the possible consequences of Brexit for the future of UK environmental law. However, less attention has been given to the implications Brexit may have for the future of EU environmental law and policy. This paper presents some thoughts on this subject. It begins with a consideration of the impact of Brexit on the general political and economic atmosphere of EU environmental policy making. The paper then considers the issues of trade and the external border. Some specific policy areas are examined, including chemicals, climate policy and agriculture. The paper ends by considering the implications of a possible future dispute mechanism with the UK.


2013 ◽  
Vol 57 (7) ◽  
pp. 1003-1022 ◽  
Author(s):  
David Shiers ◽  
Joe Weston ◽  
Elizabeth Wilson ◽  
John Glasson ◽  
Laura Deller

European Union Law draws together a range of perspectives to provide an introduction to this important subject. The volume offers a broad range of approaches to provide students with a solid foundation to the institutional and substantive law of the EU. Topics covered include the development of the EU, its political institutions, and constitutionalism in the EU. International law and the EU are examined as well as the effects of EU law on national legal systems. There is a specific chapter on the effect of Brexit on both the EU and the UK. The volume also considers the free movement of goods, natural persons, legal persons, and capital in the EU. Labour and equality law, EU health law, environmental law, consumer law, and criminal law are also considered in detail, as are immigration and asylum law.


2004 ◽  
Vol 19 (4) ◽  
pp. 515-536 ◽  
Author(s):  
Gwenaele Rashbrooke

AbstractThis article examines the role of the ITLOS established by the 1982 Law of the Sea Convention. It considers the extent to which principles of international environmental law are reflected in the 1982 Convention. It then reviews the relevant jurisprudence of the tribunal including the Southern Blue-fin Tuna case between Japan and Australia and New Zealand, the MOX case between Ireland and the UK, and the Land Reclamation case between Malaysia and Singapore to determine the extent that the ITLOS case-law has indeed contributed to the development of certain key principles of international environmental law, including Stockholm Principle 21/Rio Principle 2, the principle of preventative action, cooperation and precaution.


2019 ◽  
pp. 430-463
Author(s):  
Elizabeth Fisher ◽  
Bettina Lange ◽  
Eloise Scotford

This chapter focuses on Integrated Pollution Control (IPC), a form of environmental regulation that was developed in the EU in the early 1990s. IPC takes a holistic view of the environment, acknowledging that ecosystems draw on interconnected and interdependent elements of the living and non-living environment. The chapter critically assesses the incorporation of holistic understandings of the natural environment into environmental law. First, it traces the elusive policy idea of holistic environmental regulation and decision-making, and draws attention to the early emergence of ideas of integrated pollution control in Victorian environmental law in Britain. Second, the chapter maps the application of holistic understandings of the natural environment through IPC regimes in both the EU and the UK, in particular the EU Directive on Industrial Emissions and its implementation through the Environmental Permitting (England and Wales) Regulations 2016.


2019 ◽  
pp. 292-328
Author(s):  
Elizabeth Fisher ◽  
Bettina Lange ◽  
Eloise Scotford

This chapter is an overview of the legal cultures within the UK as they relate to environmental law. The focus here is on England, but the scope of analysis is across the UK and includes discussion of the devolved regions. The purpose of the chapter is to give the reader not only a general overview of the main features of these cultures but also to highlight much of its complexity. In particular, the uniqueness of much of UK environmental law means that one must be wary of transplanting ideas and assumptions about environmental law from other jurisdictions. The chapter thus begins with a basic discussion of legal culture.


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