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Interpreting Environmental Offences

Author: Emma Lees
Publisher: Bloomsbury Publishing
ISBN: 1782259120
Size: 46.46 MB
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This book analyses the interpretation of environmental offences contained in the waste, contaminated land, and habitats' protection regimes. It concludes that the current purposive approach to interpretation has produced an unacceptable degree of uncertainty. Such uncertainty threatens compliance with rule of law values, inhibits predictability, and therefore produces a scenario which is unacceptable to the wider legal and business community. The author proposes that a primarily linguistic approach to interpretation of the relevant rules should be adopted. In so doing, the book analyses the appropriate judicial role in an area of high levels of scientific and administrative complexity. The book provides a framework for interpretation of these offences. The key elements that ought to be included in this framework-the language of the provision, the harm tackled as drafted, regulatory context, explanatory notes and preamble, and finally, purpose in a broader sense-are considered in this book. Through this framework, a solution to the certainty problem is provided.

Environmental Law

Author: Donald McGillivray
Publisher: Oxford University Press
ISBN: 0198748329
Size: 39.94 MB
Format: PDF, ePub
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Trusted by generations of students and academics alike, the ninth edition of this leading text continues to provide far-reaching coverage of the essential topics taught on most environmental law courses. The authors consider the areas thematically, tackling the key debates and explaining the subject in its social and political context. The clear and accessible writing style ensures that readers are informed yet not overwhelmed. Known for its clear structure and systematic approach, readers new to the subject are provided with a logical introduction while those with more experience can explore the intricacies of the content. The text is supported by a number of learning features designed to help students engage with the material, develop critical thinking skills, and to guide further research. This book is also accompanied by an Online Resource Centre featuring additional chapters, expanded further reading suggestions for each chapter, annotated web links and legal updates.

Oxford Handbook Of Comparative Environmental Law

Author: Emma Lees
Publisher: Oxford Handbooks
ISBN: 0198790953
Size: 34.68 MB
Format: PDF, Mobi
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This Handbook is the first comprehensive account of comparative environmental law. It examines in detail the methodological foundations of the discipline as well as the substance of environmental law across countries from four vantage points: country studies from all continents, responses to common problems (including air pollution, water management, nature conservation, genetically modified organisms, climate change and energy, chemicals, waste), foundational components of environmental law systems (including principles, property rights, administrative and judicial organisation, command-and-control regulation, market mechanisms, informational techniques and liability mechanisms), and common interactions of environmental protection with the broader public, private, and criminal law contexts. 0The volume brings together the foremost authorities in this field from around the world to provide a concise, self-contained, and technically rigorous account of environmental law as a single overall system.

The Oxford Handbook Of Comparative Environmental Law

Author: Emma Lees
Publisher: Oxford University Press
ISBN: 0192508377
Size: 12.67 MB
Format: PDF, ePub, Mobi
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This Handbook is the first comprehensive account of comparative environmental law. It examines in detail the methodological foundations of the discipline as well as the substance of environmental law across countries from four vantage points: country studies from all continents, responses to common problems (including air pollution, water management, nature conservation, genetically modified organisms, climate change and energy, chemicals, waste), foundational components of environmental law systems (including principles, property rights, administrative and judicial organisation, command-and-control regulation, market mechanisms, informational techniques and liability mechanisms), and common interactions of environmental protection with the broader public, private, and criminal law contexts. The volume brings together the foremost authorities in this field from around the world to provide a concise, self-contained, and technically rigorous account of environmental law as a single overall system.

European Environmental Law

Author: J. H. Jans
Publisher:
ISBN: 9789041108777
Size: 55.81 MB
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European Environmental Law discusses a number of questions arising in connection with the relationship between European law and national environmental law, such as the legal basis of European environmental law, its transposition and implementation in the national legal orders, the relationship between environmental law and the internal market. The final chapter surveys the most important EC legislation on the environment. Audience: Lawyers interested in the European dimension of environmental law.

Environmental Law Principles In Practice

Author: Maurice Sheridan
Publisher: Emile Bruylant
ISBN:
Size: 72.14 MB
Format: PDF
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" Principles of environmental policy " or " principles of environmental law " appear to be steadily gaining ground. They are being increasingly incorporated in all kinds of soft law instruments and international treaties. Since the European Act, they have been recognised by the EC Treaty, and they are receiving attention in the European environmental action programmes and in the recitals of European environmental directives and regulations. They are appearing more and more often in national legislation too. It should therefore not come as a surprise that practising lawyers are asking themselves increasingly what kind of role these principles have to play in legal practice. What is their exact impact ? Are they merely policy lines with no legally binding effect ? Or are they legal principles and, if so, what are their ramifications ? In order to examine all this more closely, the Environmental Law Centre and the Institute of Maritime Law of the University of Ghent, in association with the Centre d'étude du droit de l'environnement of the Facultés Universitaires Saint-Louis, organised a workshop in Ghent on 1 October 1999 in the context of Environmental Law Network International. The papers presented there have been revised by their authors for the purposes of this book and also take into account the discussions that were held. The Environmental Law Network International (Elni) is a network of about 350 individuals an organisations from all over the world who share an interest in environmental law. Elni vides an international forum for the exchange of news, views, ideas and in so doing promotes international communication and cooperation of those working in this field. The Environmental Law Centre is the research unit that co-ordinates the research work of the environmental law teaching staff of the Law Faculty of the University of Ghent. The Centre depends from the Public Law en Tax Department and works in close collaboration with the Civil Law Department and the International Public Law Department. From the outset (1982), the Centre was closely involved in policy orientated scientific research. In this respect we can highlight the work of the Interuniversity Commission for the revision of Environmental Law in the Flemish region (1989-1995). The Centre provided both the chairmanship and the secretariat of that Commission. The Maritime Institute (MI) of the University of Ghent is a research institute within the Department of International Public Law (Faculty of Law). The MI has four objectives. At first the MI organizes a multidisciplinary post-graduate mastercourse in Maritime Sciences, one of the five specialized post-graduate courses of the Faculty of Law. Either on its own or in collaboration with other institutions the MI organizes conferences, colloquia and workshops. As an independent research unit the MI is advising and carrying out studies for governemental, non-governemental or private companies on maritime and environmental related topics. At last the MI is involved in various training projects in co-operation with other organizations or universities. The Environmental Law Research Centre (Centre d'études du droit de l'environnement CEDRE) is based in Brussels at the Facultés universitaires Saint-Louis since 1990. CEDRE's research team is composed of a group of researchers whose work focuses on the study and development of environmental law, at domestic and international levels. The Center's activities include academic research, teaching (LLM level), organization of colloquiums, seminaires and legal advice for public authorities. It has a large expertise in the fields of environmental law principles, administrative and public environmental laws and of the impact of primary and secondary Community law on national environmental policies, as appears from his numerous publications.