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The growing awareness of an impending environmental crisis coupled
with a series of national and regional environmental disasters led,
in the 1960s and 1970s, to the birth of the global environmental
movement and the widespread recognition of the need to protect the
environment for both current and future generations. Against this
backdrop the concept of 'environmental rights' surfaced as a means
by which claims relating to the environment could be formulated in
legal terms and thereby safeguarded. In the decades that followed,
this concept has come to encompass many different variations of
legal rights, which this book seeks to investigate and assess.
This book introduces students to the great debates in EU law.
Rather than simply presenting traditional approaches that provide
descriptions (often in historical order) of substantive and
constitutional elements of Union law, this book clusters material
around these debates in an engaging and lively way. By offering
concise analyses of core dilemmas and tensions in EU law, the book
provides a different kind of introduction, one that helps students
place the discussions within a boarder context and narrative. The
authors have found in their teaching that students often struggle
with individual aspects and materials without understanding broader
narratives, which are traditionally developed in monographs or
journal articles that are beyond the reach of undergraduate
readers.
The EU public procurement regime has recently undergone an overhaul
and now allows Member States and their contracting authorities to
pursue strategic goals via public procurement, including
environmental and social objectives. The extent to which such
interests may be accommodated in the procurement process is
ultimately determined by the broader legal context in which the EU
public procurement regime exists, which raises pressing questions
regarding the scope and limits of Member States' discretion. This
volume scrutinises these new legal acts - particularly Directive
2014/24/EU - focusing on discretion and engaging with questions
central to the public procurement regime against the EU legal
backdrop, including internal market law and environment law, as
well as law beyond the EU.
Over the last four decades emissions trading has enjoyed a high
profile in environmental law scholarship and in environmental law
and policy. Much of the discussion is promotional, preferring
emissions trading above other regulatory strategies without,
however, engaging with legal complexities embedded in
conceptualising, scrutinising and managing emissions trading
regimes. The combined effect of these debates is to create a
perception that emissions trading is a straightforward regulatory
strategy, imposable across various jurisdictions and environmental
settings. This book shows that this view is problematic for at
least two reasons. First, emissions trading responds to distinct
environmental and non-environmental goals, including creating
profit-centres, substituting bureaucratic control of resources, and
ensuring regulatory compliance. This is important, as the
particular purpose entrusted to a given emissions trading regime
has, as its corollary, a particular governance structure, according
to which the regime may be constructed and managed, and which
trusts the emissions market, the state and rights in emissions
allowances with distinct roles. Second, the governance structures
of emissions trading regimes are culture-specific, which is a
significant reminder of the importance of law in understanding not
only how emissions trading schemes function but also what meaning
is given to them as regulatory strategies. This is shown by
deconstructing emissions trading discourses: that is, by inquiring
into the assumptions about emissions trading, as featuring in
emissions trading scholarship and in debates involving law and
policymakers and the judiciary at the EU level. Ultimately, this
book makes a strong argument for reconfiguring the common
understanding of emissions trading schemes as regulatory
strategies, and sets out a framework for analysis to sustain that
reconfiguration.
The EU public procurement regime has recently undergone an overhaul
and now allows Member States and their contracting authorities to
pursue strategic goals via public procurement, including
environmental and social objectives. The extent to which such
interests may be accommodated in the procurement process is
ultimately determined by the broader legal context in which the EU
public procurement regime exists, which raises pressing questions
regarding the scope and limits of Member States' discretion. This
volume scrutinises these new legal acts - particularly Directive
2014/24/EU - focusing on discretion and engaging with questions
central to the public procurement regime against the EU legal
backdrop, including internal market law and environment law, as
well as law beyond the EU.
The growing awareness of an impending environmental crisis coupled
with a series of national and regional environmental disasters led,
in the 1960s and 1970s, to the birth of the global environmental
movement and the widespread recognition of the need to protect the
environment for both current and future generations. Against this
backdrop the concept of 'environmental rights' surfaced as a means
by which claims relating to the environment could be formulated in
legal terms and thereby safeguarded. In the decades that followed,
this concept has come to encompass many different variations of
legal rights, which this book seeks to investigate and assess.
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