Contemporary environmental regulation is having to adapt to
significant challenges. These challenges come from all directions,
including the quest for economic efficiency, popular mistrust of
experts and frequent observation of poor practical results. At EU
level, criticisms of regulatory activity are accentuated by the
significant questions that surround the legitimacy of certain EU
institutions and processes. Although it is not suggested that
innovation and evolution in EU environmental law are in every case
a conscious response to explicit challenges to regulatory
authority, this book, examining a range of substantive EU
environmental law and policy, considers far-reaching endeavours to
improve environmental regulation. One striking feature of
contemporary EU environmental law is its wholehearted preoccupation
with the structure of decision-making. This development, and some
of the serious tensions that arise in the legal conditions for
decision-making, forms a major theme of this book.
we have been waiting for a long time now for a definitive legal textbook on all EU environmental law in the English common law tradition of legal writing. Maria Lee's book is on the way to being this texta great book and essential reading for any environmental law student and for anybody else involved in environmental regulation. Yvonne ScannellJournal of Environmental LawSeptember 2006perceptive and stimulatingLee's book should be read by all serious Europeans who study environmental law, and likewise by all those engaged in providing legal commentary or adviceif the European project were in sustainably good order then this book would be required reading across the widest range of policy makers and their advisersMark StallworthyLegal Studies, (25)2005an extremely important contribution to contemporary scholarship on the development of European environmental lawDue to the richness and diversity of material covered, the book will be valuable to environmental law scholars as both a research and teaching aidmany of the issues raised by Lee will continue to influence EU environmental law in the decades to come.Carolyn AbbotModern Law Review, Vol 69Sept 2006Written in an accessible style but without succumbing to simplifications, the book can be warmly recommended to the student with a limited background in EC law, as well as to the experienced readera very readable account of the topics likely to be discussed for several years to come..Joakim ZanderMaastricht Journal of European and Comparative Law, Vol 13, No 12006Maria Lee invites readers of her very detailed...book to take a learned dip into the swirling waters of the challenges facing European environmental decision-making.Agence EuropeEuropean LibraryOctober 2005
Maria Lee is Professor of Law at University College, London.
Inhaltsangabe
Introduction 1. Environmental Regulation in the European UnionINTRODUCTION WHY REGULATE? WHY EC REGULATION?LEGAL AND POLITICAL EVOLUTION THE FUTURE CONCLUSIONS2. Sustainable DevelopmentINTRODUCTION ELEMENTS OF SUSTAINABLE DEVELOPMENT IMPLEMENTING SUSTAINABLE DEVELOPMENT CONCLUSIONS3. The Implementation GapINTRODUCTION: THE CHALLENGE NATIONAL RESPONSIBILITIES FORMAL TREATY ENFORCEMENT INNOVATIONS IN IMPLEMENTATION CONCLUSIONS4. Perils,Politics, Precaution: Risk Regulation in the EUINTRODUCTION RISK AND THE EU SCIENCE AND POLITICS IN THE EU THE PRECAUTIONARY PRINCIPLE THE WTO, RISK AND SCIENCE CONCLUSIONS5. European Environmental Governance and Public ParticipationINTRODUCTION EXPLAINING PARTICIPATION PUBLIC PARTICIPATION IN DECISION-MAKING AND THE EU THE PROBLEMS OF ACCESS CONCLUSIONS6. Procedure, Integration and Assessment INTRODUCTION THE ACCESS PRINCIPLES PROCEDURALISATION PROCEDURALISING DIRECTIVES CONCLUSIONS7. The Challenge from the MarketINTRODUCTION:COMMAND AND CONTROL IN ENVIRONMENTAL POLICY THE CHALLENGE FROM THE MARKET NEW REGULATORY INSTRUMENTS IN THE EU GREEN CONSUMERISM CONCLUSIONS8. Waste: Diversity in RegulationINTRODUCTION LAWYERS AND WASTE THE WASTE HIERARCHY SELF SUFFICIENCY, WASTE AND FREE MOVEMENT BEYOND COMMAND AND CONTROL: ALTERNATIVE REGULATORY MECHANISMS CONCLUSIONS9. Law, Risk and Genetically Modified OrganismsINTRODUCTION MULTI-LEVEL GOVERNANCE AND RISK ASSESSMENT PROCEDURALISATION GREEN CONSUMERISM, LABELLING AND GMOS GMOS AND TRADE CONCLUSIONSConclusions Index
