Die Umweltvertraglichkeitsuntersuchung (UVU) beinhaltet den wissenschaftlichen Kern einer Umweltvertraglichkeitsprufung (UVP). In der Fachliteratur wurden bisher fast ausschliesslich die rechtlichen und administrativen Aspekte der UVP diskutiert. Mit diesem Buch liegt nun erstmals eine systematisch fundierte Methodendarstellung der UVU vor, die sowohl den historischen Kontext als auch internationale Entwicklungstendenzen in den Vordergrund ruckt. Von Interesse sind dabei vor allem die USA und Kanada, von wo die weltweite Verbreitung der UVP Anfang der 70er Jahre ihren Ausgang nahm. Das Buch erlautert Theorien, fachliche Zusammenhange und Anwendungsschwerpunkte. Zahlreiche Anwendungsbeispiele bieten Anregungen fur die Durchfuhrung von Umweltvertraglichkeitsuntersuchungen in der Praxis."

The EU has emerged as a major source of innovation in environmental governance. This is manifested through the frameworks it is putting in place for environmental governance, and through its position on the world stage for international environmental law. An institutional richness has developed which is sometimes daunting in its complexity but which offers much promise for the future. This volume seeks to give a taste of this, and of the challenges which face the EU in its sustainable development phase.
The volume opens with a broad historical overview of the evolution of EU environmental governance. This discussion characterizes the most recent phase as that of sustainable development, in which the political dynamic is one of destabilization and the preferred instrument of decision-making, the reflexive framework directive.
There follows a series of case studies. Ranging from the general to the particular, these cover both the internal and external aspects of EU policy. These include recent key issues in EU environmental law and governance, such as the water framework directive, the new chemicals regime (REACH) and European responses to the challenge of climate change. These case studies engage with key issues in environmental law and governance, including environmental justice, the relationship between trade and environment, and participation in environmental decision-making.

Reflecting a global trend, scores of countries have affirmed that their citizens are entitled to healthy air, water and land, and that their constitution should guarantee certain environmental rights. This book examines the increasing recognition that the environment is a proper subject for protection in constitutional texts and for vindication by constitutional courts. This phenomenon, which the authors call environmental constitutionalism, represents the confluence of constitutional law, international law, human rights and environmental law. National apex and constitutional courts are exhibiting a growing interest in environmental rights, and as courts become more aware of what their peers are doing, this momentum is likely to increase. This book explains why such provisions came into being, how they are expressed, and the extent to which they have been, and might be, enforced judicially. It is a singular resource for evaluating the content of and hope for constitutional environmental rights.

Water Law and Policy examines water management in Europe, and the difficulties and policy dilemmas involved in creating integrated water management institutions. This is the only overall assessment of the development and evolution of European Water Law and Policy. The book is unique in that it concentrates on institutional development, norms and guiding principles, implementation strategies, and public participation mechanisms at the local level, EU level, and globally.
Water is one of the most mismanaged natural resources. Failed water management policies and fragmented water management institutions can have catastrophic results, including both flooding and water scarcity. Dr. Elli Louka's book provides insights that can guide water development policies across national borders. It is a must-read for policymakers, water managers, and students who need to understand national and transnational water management.

This book analyses the topical and contentious issue of the human rights impacts associated with carbon projects, especially in developing countries. It outlines a human rights-based approach to carbon finance as a functional framework for mainstreaming human rights into the design, approval, finance and implementation of carbon projects. It also describes the nature and scope of carbon projects, the available legal options for their financing and the key human rights issues at stake in their planning and execution. Written in a user-friendly style, the proposal for a rights-based due diligence framework through which human rights issues can be anticipated and addressed makes this book relevant to all stakeholders in carbon, energy, and environmental investments and projects.

Having realized that its traditional mode of coordinating--essentially issuing regulation--no longer commands sufficient political support, the European Union (EU) has turned to what are increasingly referred to as 'new' modes of governance, which rely upon different actors working together in relatively non-hierarchical networks. This book provides the first extended account of how effective they are at addressing 'wicked' policy problems which simultaneously demand greater levels of horizontal and vertical coordination. Taking, as an example, the thirty year struggle to integrate environmental thinking into all areas and levels of EU policy making, it offers a stark reminder that networked governance is not and is unlikely ever to be a panacea. In doing so, it strips away some of the rhetorical claims made about the novelty and appeal of 'new' modes, to reveal a much more sober and realistic appraisal of their coordinating potential.

While the environmental performance of most ASEAN member states is above the world average, ASEAN nations will continue to face growing environmental challenges due to pressures exerted on them such as population growth, urbanization and industrialization. The authors of this book look at how the member states of ASEAN employ law as a means of regional integration within the context of environmental conservation. While the goal of new laws is to implement sustainable development, it continues to be an ongoing adaptive process, since clear and immediate answers to environmental challenges are rarely available. Readers of this book will gain a clear idea of the evolving cooperation for sustainability within ASEAN at regional and global levels, and the areas of focus for the future. The book will be of interest to policy and decision makers, as well as environmental organizations and academics in the field.

Europe still retains large areas which play host to numerous native and free-functioning ecosystems and lack roads, buildings, bridges, cables and other permanent manifestations of modern society. In the past such areas were considered wastelands, whose value lay only in their potential for cultivation and economic exploitation. Today, these wilderness areas are increasingly cherished as places for rest and recreation, and as important areas for scientific research, biodiversity conservation and the mitigation of and adaptation to certain climate change effects. This book provides the first major appraisal of the role of international, European and domestic law in protecting the remaining wilderness areas and their distinguishing qualities in Europe. It also highlights the lessons that can be learned from the various international, regional and national approaches, identifies obstacles to wilderness protection in Europe and considers whether and how the legal protection of wilderness can be further advanced.

Law's ideas of nature appear in different doctrinal and institutional settings, historical periods, and political dialogues. Nature underlies every behavior, contract, or form of wealth, and in this broad sense influences every instance of market transaction or governmental intervention. Recognizing that law has embedded discrete constructions of nature helps in understanding how humans value their relationship with nature. This book offers a scholarly examination of the manner in which nature is constructed through law, both in the 'hard' sense of directly regulating human activities that impact nature, and in the 'soft' manner in which law's ideas of nature influence and are influenced by behaviors, values, and priorities. Traditional accounts of the intersection between law and nature generally focus on environmental laws that protect wilderness. This book will build on the constructivist observation that when considered as a culturally contingent concept, 'nature' is a self-perpetuating and self-reinforcing social creation.

Das Buch untersucht die Auswirkungen eines Menschenrechts auf Wasser auf die Nutzung grenzuberschreitender Wasserressourcen und fragt nach den Implikationen fur das internationale Wasserrecht. Es bewegt sich damit an der Schnittstelle des internationalen Menschenrechtsschutzes und des Umweltvoelkerrechts. Die Nutzung von Susswasserressourcen stellt eine inharent internationale Frage dar. Obgleich die Erde von grenzuberschreitenden Gewassern gepragt ist, sind die Verpflichtungen von Staaten gegenuber Rechtstragern in anderen Landern weitestgehend unklar. Die Autorin entwickelt zunachst die These der extraterritorialen Geltung dieses Menschenrechts, womit dieses zum (zusatzlichen) Massstab im Umgang mit grenzuberschreitenden Gewassern wird. Das Buch untersucht was dieser neue, am Menschenrecht ausgerichtete Massstab beinhaltet und was dies fur das internationale Wasserrecht letztlich bedeutet. Sind die Metadaten final von Ihnen freigegeben, werde ich eine ISBN beantragen, ein Cover erstellen lassen und das Buch wird auf unserer Website sichtbar. Sobald dann noch die Summary und die Abdruckgenehmigung vorliegen, kann das Manuskript umgehend in Herstellung gehen.

It is widely accepted that the future development of environmental law depends not on further legislation, but on more effective enforcement. Within the EC legal system, the conventional view is that the enforcement deficit is due to the fact that the environment is distinct from other fields of Community law. EC environmental law normally does not confer rights on individuals and may therefore not be judicially enforced in the same manner as rules concerning the internal market, competition and gender discrimination.
Enforcement of EC Environmental Law explores and challenges this assumption. Drawing from constitutional aspects of EC law, the author examines to what extent the general case law on procedures and remedies may be transposed to the field of environment, while at the same time taking stock of the existing environmental case law and the distinctive features of environmental legislation. In a critical exposition and assessment of 50 years of jurisprudence by the European Court of Justice as well as recent legislative developments, the author explores the potential of enforcement of environmental law through law suits by individuals as well as the European Commission. By demonstrating that the environment is not so different from other fields of law in terms of rights and remedies, the book provides not only new insights to the enforcement of EC environmental law but also to the central characteristics of Community constitutional law.

Climate and energy policy needs to be durable and flexible to be successful, but these two concepts often seem to be in opposition. One venerable institution where both ideas are apparent is the Clean Air Act, first passed by the United States Congress in 1963, with amendments in 1970 and 1990. The Act is a living institution that has been hugely successful in improving the environment. It has programs that reach across the entire economy, regulating various sectors and pollutants in different ways. This illuminating book examines these successes - and failures - with the aim to offer lessons for future climate and energy policymaking in the US at the federal and state level. It provides critical information to legislators, regulators, and scholars interested in understanding environmental policymaking.

Volume 4 in the Critical Issues in Environmental Taxation series provides a peer-reviewed selection of papers on environmental taxation written by experts from around the world. Selected from papers delivered at the Annual Global Conference on Environmental Taxation, they cover the theory of environmental taxation, countries' experiences of specific environmental taxes, proposed environmental taxes, and evaluations of the role of taxation compared with other environmental instruments. The book provides an interdisciplinary approach to environmental taxation, drawing on the fields of economics, law, political science, and accounting. Each volume in the series reflects the theme of the conference from which the papers are drawn, as well as other broader themes. Volume 4 will focus on the role of taxation in promoting renewable energy, but also includes a number of papers on other topics related to environmental taxation. Written predominantly by academics, the papers provide in-depth analysis that will provide a valuable resource to people interested in environmental taxation.

This investigation of the barriers to and opportunities for promoting environmental sustainability in company law provides an in-depth comparative analysis of company law regimes across the world. The social norm of shareholder primacy is the greatest barrier preventing progress, and it also helps explain why voluntary action by companies and investors is insufficient. By deconstructing the myth that shareholder primacy has a legal basis and challenging the economic postulates on which mainstream corporate governance debate is based, Company Law and Sustainability reveals a surprisingly large unexplored potential within current company law regimes for companies to reorient themselves towards sustainability. It also suggests possible methods of reforming the existing legal infrastructure for companies and provides an important contribution to the broader debate on how to achieve sustainability.

This book evaluates and compares risk regulation and safety management for offshore oil and gas operations in the United States, the United Kingdom, Norway and Australia. It provides an interdisciplinary approach with legal, technological and sociological perspectives on efforts to assess and prevent major accidents and improve safety performance. Presented in three parts, it begins with a review of the factors involved in designing, implementing and enforcing a regulatory regime for industrial safety. It then evaluates the four regimes exploring the contextual factors that influence their design and implementation, their reliance on industrial expertise and standards, and the use of performance indicators. Finally the book assesses the resilience of the Norwegian regime, its capacity to keep pace with new technologies and emerging risks, respond to near miss incidents, encourage safety culture, incorporate vested rights of labor, and perform inspection and self-audit functions. This book is relevant for those in government, business and academia, and anyone involved in offshore safety issues.

Sustainable Development, International Criminal Justice, and Treaty Implementation provides a serious and timely perspective on the relationship between two important and dynamic fields of international law. Comprising chapters written by leading academics and international lawyers, this book examines how the principles and practices of international criminal law and sustainable development can contribute to one another's elaboration, interpretation and implementation. Chapters in the book discuss the potential and limitations of international criminalization as a means for protecting the basic foundations of sustainable development; the role of existing international crimes in penalizing serious forms of economic, social, environmental and cultural harm; the indirect linkages that have developed between sustainable development and various mechanisms of criminal accountability and redress; and innovative proposals to broaden the scope of international criminal justice. With its rigorous and innovative arguments, this book forms a unique and urgent contribution to current debates on the future of global justice and sustainability.

Rising seas are endangering the habitability and very existence of several small island nations, mostly in the Pacific and Indian oceans. This is the first book to focus on the myriad legal issues posed by this tragic situation: If a nation is under water, is it still a state? Does it still have a seat at the United Nations? What becomes of its exclusive economic zone, the basis for its fishing rights? What obligations do other nations have to take in the displaced populations, and what are these peoples' rights and legal status once they arrive? Should there be a new international agreement on climate-displaced populations? Do these nations and their citizens have any legal recourse for compensation? Are there any courts that will hear their claims, and based on what theories? Leading legal scholars from around the world address these novel questions and propose answers.

Reflecting a global trend, scores of countries have affirmed that their citizens are entitled to healthy air, water and land, and that their constitution should guarantee certain environmental rights. This book examines the increasing recognition that the environment is a proper subject for protection in constitutional texts and for vindication by constitutional courts. This phenomenon, which the authors call environmental constitutionalism, represents the confluence of constitutional law, international law, human rights and environmental law. National apex and constitutional courts are exhibiting a growing interest in environmental rights, and as courts become more aware of what their peers are doing, this momentum is likely to increase. This book explains why such provisions came into being, how they are expressed, and the extent to which they have been, and might be, enforced judicially. It is a singular resource for evaluating the content of and hope for constitutional environmental rights.

This book addresses the production practices employed in the production of food animals and animal products that enable marketers to sell a variety of products to meet consumer demand. Food animal production practices have come under increased scrutiny by consumers who object to inputs and practices. The industry has been a proponent of using technologies to reduce production costs, resulting in lower-priced meat and animal food products, and now consumers are starting to look at other objectives. This book considers the key issues of concern to consumers, including the treatment of animals, the use of antibiotics, feed additives and hormones, and how these are monitored, regulated, and communicated to consumers. It also reviews labeling and information provided to consumers, including organic, genetic engineering, welfare standards, and place of origin. While the main focus is on the United States, there are descriptions of European practices and legislation. Overall, it aims to provide an objective and balanced appraisal, which will be of interest to advanced students and researchers in agricultural, food and environmental economics, law and policy, and animal production and welfare. It will also be very useful for early career professionals in the food and agricultural sectors.

This is a book about the improbable: seeking legal relief for pollution in contemporary China. In a country known for tight political control and ineffectual courts, Environmental Litigation in China unravels how everyday justice works: how judges make decisions, why lawyers take cases, and how international influence matters. It is a readable account of how the leadership's mixed signals and political ambivalence play out on the ground - propelling some, such as the village doctor who fought a chemical plant for more than a decade, even as others back away from risk. Yet this remarkable book shows that even in a country where expectations would be that law wouldn't much matter, environmental litigation provides a sliver of space for legal professionals to explore new roles and, in so doing, probe the boundary of what is politically possible.

Drawing specifically on the international climate regime, Simone Schiele examines international environmental regimes from a legal perspective and analyses a core feature of international regimes - their ability to evolve over time. In particular, she develops a theoretical framework based on general international law which allows for a thorough examination of the understanding of international law and the options for law-creation in international environmental regimes. The analysis therefore provides both a coherent understanding of the international climate regime and a starting point for further research in other regimes.

Critical Issues in Environmental Taxation is an internationally refereed publication devoted to environmental taxation issues on a worldwide basis. It seeks to provide insights and analysis for achieving environmental goals through tax policy. By sharing the perspectives of the authors in response to the diverse challenges posed by environmental taxation issues, effective approaches used in one country may be considered and possibly implemented by governmental authorities in other countries. This volume (the second in the series) contains 37 articles written by authors from 12 countries, with the articles grouped into five categories by topic. Preliminary drafts of the articles were presented at the Fourth Annual Global Conference on Environmental Taxation Issues held on June 5-7 2003 in Sydney, Australia. The articles in this volume were selected after being subjected to a rigorous peer review process. The articles are interesting, thought provoking, and have been written by some of the best environmental taxation scholars in the world.

Dieses Buch bietet eine interdisziplinare Auseinandersetzung mit dem Begriff der Verantwortung in einer zunehmend von Entgrenzung gepragten Lebenswelt. Es beschreibt, wie durch den technischen Fortschritt und den Wegfall von Grenzen im Bereich digitaler Kommunikation, globaler Wirtschafts- und Finanzmarkte sowie in Forschung und Umwelt neue Herausforderungen fur die Regulierung von Verantwortung entstanden sind. Die Autoren sind namhafte Wissenschaftlerinnen und Wissenschaftler unterschiedlicher Fachdisziplinen einschliesslich der Philosophie, Theologie, Soziologie, Sozialpsychologie, Sozialanthropologie, Poltischen Wissenschaft, OEkonomie und der Rechtswissenschaften. Sie beschreiben die ideengeschichtliche Entwicklung des Verantwortungsbegriffs und weisen auf aktuelle Regulierungs- und Normbefolgungsdefizite hin. Zu diesem Zwecke zeigen sie auf, worin die Entgrenzung unserer Lebenswelt konkret besteht, welche neuen Herausforderungen dadurch entstanden sind, welche Bedeutung diese Entgrenzung fur die Regulierung, sprich die Verteilung und Zuschreibung von Verantwortung, hat und wie Verantwortung vor diesem Hintergrund neu konzipiert werden kann. Ein besonderes Augenmerk gilt dabei dem Umgang mit Neuen Medien, Big Data, Kunstlicher Intelligenz sowie Cybersicherheit. Auch der Ausfall von Verantwortung im Dieselskandal wird untersucht. Auf dieser Grundlage werden Anregungen fur eine Neubestimmung der Reichweite und Grenzen von Verantwortung erarbeitet. Neue Formen der Regulierung werden schliesslich am Beispiel des Klimaschutzes dargestellt und bewertet.

The law relating to town and country planning has a major impact upon the physical environment and affects private citizens, landowners and developers alike. This third edition is a comprehensive text for students, practitioners and members of the general public on this difficult area of law.

Following the Planning and Compulsory Purchase Act 2004, the third edition of Planning Law and Practice contains a complete revision of plan-making and the control of development as well as incorporating recent case law. Together this provides up-to-date details of the operation of the current English planning system.

The successful format adopted in the first edition of this book, which was awarded the Gold Award for Best Reference Work by the Chartered Institute of Building in 1999, has been retained. Planning legislation is dealt with in the main chapters, while further chapters use relevant case law to amplify the sometimes complex statutory material. In addition, the book outlines other areas of land law such as European legislation, non-planning controls and public investment.