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Regulation, Enforcement and Governance in Environmental Law is an
updated edition of Richard Macrory's most influential writings.
Spanning his entire career, these are all works which have helped
shape contemporary environmental law and policy. The book includes
the full text of his 2006 Cabinet Office Review on Regulatory
Sanctions, new chapters on the Climate Change Act 2008, the
Environment Tribunal, and analysis of recent leading cases. The
book is divided into five thematic sections: Regulatory reform,
Institutional Reform and Change, the Dynamics of Environmental Law,
the Courts and the Environment and Europe and the Environment.
Reviews of the first edition: 'This book is surely destined to
become a 'must read' for anyone (academic, practitioner or student)
interested in the development of regulation, enforcement, and
environmental governance.' P Bishop, IUCN Academy of Environmental
Law Journal 'An excellent reference work on environmental law....an
extremely important and valuable edition to the environmental
lawyer's bookshelf.' C Abbot, Journal of Environmental Law 'It is a
rare to find a volume which consumes one's attention for 765 pages
- and rarer still that such a blockbuster be a law book...This book
is not solely for environmental enthusiasts - it should be
essential reading for anyone concerned with the institutional
reform, transparency and accountability in the UK and EU.' C
MacKenzie, Cambridge Law Journal
Carbon Capture and Storage (CCS) is increasingly viewed as one of
the most significant ways of dealing with greenhouse gas emissions.
Critical to realising its potential will be the design of effective
legal regimes at national and international level that can handle
the challenges raised but without stifling a new technology of
potential great public benefit. These include: long-term liability
for storage; regulation of transport; the treatment of stored
carbon under emissions trading regimes; issues of property
ownership; and, increasingly, the sensitivities of handling the
public engagement and perception. Following its publication in
2011, Carbon Capture and Storage quickly became required reading
for all those interested in, or engaged by, the need to implement
regulatory approaches to CCS. The intervening years have seen
significant developments globally. Earlier legislative models are
now in force, providing important lessons for future legal design.
Despite these developments, the growth of the technology has been
slower in some jurisdictions than others. This timely new edition
will update and critically assess these updates and provide context
for the development of CCS in 2018 and beyond.
In 1839 forces of the British East India Company crossed the Indus
to invade Afghanistan on the pretext of reinstating a former king
Shah Soojah to his rightful throne. The reality was that this was
another step in Britain's Great Game - Afghanistan would create a
buffer to any potential Russian expansion towards India. This
history traces the initial, campaign which would see the British
easily occupy Kabul and the rebellion that two years later would
see the British army humbled. Forced to negotiate a surrender the
British fled Kabul en masse in the harsh Afghan winter. Decimated
by Afghan guerilla attacks and by the harsh cold and a lack of food
and supplies just one European - Dr Brydon would make it to the
safety of Jalalabad five days later. This book goes on to trace the
retribution attack on Kabul the following year, which destroyed the
symbolic Mogul Bazaar before rapidly withdrawing and leaving
Afghanistan in peace for nearly a generation.
At a time of profound change and rethinking, this book provides
insights into how environmental law in the UK has developed into
its current form, and considers challenges it will face in the
future. Irresolute Clay is not a legal history or textbook, nor a
conventional set of legal memoirs. Instead it offers a personal
account of the inside stories as experienced by one of the key
architects of contemporary environmental law. Taking a thematic
approach, it charts fundamental tenets of the subject (such as
environmental sanctions, the European dimension, developing the
academic discipline of environmental law, and environmental courts
and tribunals), from the beginnings of the modern environmental law
era in the 1970s to the present day.
Carbon Capture and Storage (CCS) is increasingly viewed as one of
the most significant ways of dealing with greenhouse gas emissions.
Critical to realising its potential will be the design of effective
legal regimes at national and international level that can handle
the challenges raised but without stifling a new technology of
potential great public benefit. These include: long-term liability
for storage; regulation of transport; the treatment of stored
carbon under emissions trading regimes; issues of property
ownership; and, increasingly, the sensitivities of handling the
public engagement and perception. Following its publication in
2011, Carbon Capture and Storage quickly became required reading
for all those interested in, or engaged by, the need to implement
regulatory approaches to CCS. The intervening years have seen
significant developments globally. Earlier legislative models are
now in force, providing important lessons for future legal design.
Despite these developments, the growth of the technology has been
slower in some jurisdictions than others. This timely new edition
will update and critically assess these updates and provide context
for the development of CCS in 2018 and beyond.
The precautionary principle, the polluters pay principle, and
similar principles have become embedded in the language of
contemporary environment policy. In this important new study,
leading European experts in environmental law consider the legal
significance of such environmental principles, both in
jurisprudential theory and in practice before the courts. The
development of the principles within the European Treaty is
considered as well as the approach of the European Court of Justice
to their interpretation. But it is the interpretation of
environmental principles in front of national courts within Europe
that forms the heart of the study, with chapters covering a number
of the key Europe jurisdictions. The study, the first of its kind,
presents a dynamic picture of environmental case law across Europe.
Direct effect, consistent interpretation, and State liability are
instruments developed by the Court of Justice of the European Union
for national courts to remedy conflicts between national laws and
EU environmental law (and may also be used in some jurisdictions to
resolve national law and international law). This book looks at the
'remedial capacity' of these doctrines/tools from the perspective
of the national court applying them. In short: What are the
strengths, weaknesses, and unexplored opportunities at the
grassroots level, and what can we learn from the comparative
experiences in environmental law practice within Member States? The
study reveals considerable differences in the way these doctrines
are handled at the national level. And, it is clear that these
differences go beyond the challenges facing newly joined Member
States where the judiciary might be expected to still be learning
its way with EU law. Even within long standing EU Members, there is
by no means a consistency in approach. The judiciary that handles
environmental cases has recently established an informal
cooperative network to learn from each other. It may be some years
away from a time when national courts are regularly referred to not
only to decisions of the Court of Justice of the European Union,
but also to cases from other EU national courts to assist them in
their decision-making. But, if this study, which is first of its
kind in this field, helps to stimulate that process, the handling
of environmental law within the EU can only be improved. (Series:
The Avosetta Series - Vol. 10) ** About the editors: Prof. Jans is
professor of Administrative Law at the University of Groningen.
Prof. Macrory is professor of Environmental Law at University
College London. Prof. Moreno Molina is professor of Administrative
Law at the Universidad Carlos III de Madrid.
More than 30 years have passed since the first European Community
environmental program was adopted in 1973, starting the work on
what is now a vast body of Community law covering almost any aspect
of environmental protection. This book assesses what has been
achieved to date and what could be improved for the future. The
inspiration for this book was a conference held in Bremen to mark
the retirement of Ludwig Kramer from the European Commission. Dr.
Kramer has been a key figure within the Commission from the
earliest days of Community environmental law and policy. The
current pressures of enlargement, economic downturns, and the
debates over the proposed EU constitution may suggest that
Community environmental policy is now at something of a crossroads.
The book is a timely reminder of the very real achievements of
Community environmental law to date but equally it addresses
critical questions concerning its future direction of development.
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