基本説明
The book is largely concerned with UK and EC law, though many of the core themes have much wider relevance.
Full Description
Laws concerning environmental protection have a long history in the UK, but the last thirty years have seen unprecedented development in both the substantive body of environmental legislation and in thinking about underlying principles and institutional arrangements. The materials in this book, based on some of Richard Macrory's most significant writings, demonstrate how far environmental law has come in less than a generation, focussing in particular on the major themes of regulation, institutional arrangements, and enforcement which underlie the substantive detail of the law. Whilst acknowledging the growing importance of public international law relating to the environment, the book is largely concerned with UK and EC law, though many of the core themes have much wider relevance. Chapter 1 is concerned with major issues concerning regulatory reform, while chapter 2 considers challenges to current institutional arrangements, including the need for a specialised environmental court and tribunal, and the environmental implications of the major constitutional changes that have taken place in the United Kingdom in the last decade.Chapter 3 reflects on the shifting dynamics of environmental law, new environmental standards, new technologies and the need to develop new notions of responsibility. Chapter 4 is a selection of reports of leading cases over the last decade illustrating how the higher courts have grappled with the interpretation of environmental legislation and the development of legal principle. The final two chapters focus on European dimensions, such as the key principles of EC law and its enforcement through unique, but by no means perfect, mechanisms developed under the Treaty.
Contents
Part I Regulatory Reform 1 Reforming Regulatory Sanctions 2 Regulatory Justice: Making Sanctions Effective 3 Regulating in a Risky Environment Part II Institutional Reform and Change 4 The Environment and Constitutional Change 5 Modernising Environmental Justice: Regulation and the Role of an Environmental Tribunal 6 Trust and Transparency: Reshaping Environmental Governance in Northern Ireland Part III The Dynamics of Environmental Law 7 Environmental Law: Shifting Discretions and the New Formalism 8 Loaded Guns and Monkeys: Responsible Environmental Law 9 Environmental Standards, Legitimacy, and Social Justice 10 Technology and Environmental Law Enforcement 11 The Scope of Environmental Law 12 Cycle Lore Part IV The Courts and the Environment 13 European Court of Justice 14 House of Lords 15 Court of Appeal 16 High Court Part V Europe and the Environment 17 The Amsterdam Treaty: An Environmental Perspective 18 The Legal Duty of Environmental Integration: Commitment and Obligation or Enforceable Right? 19 Environmental Citizenship and the Law - Repairing the European Road 20 Balancing Trade Freedom with the Requirements of Sustainable Development 21 Subsidiarity and European Community Environmental Law 22 Participatory Rights, Transboundary Environmental Governance and EC Law 23 Underlying Themes in the Policy Process Part VI Supra-national enforcement of environmental law 24 Compliance Mechanisms in the European Community - A Global Model 25 The Enforcement of EU Environmental Law: Some Proposals for Reform 26 The Enforcement of Community Environmental Law: Some Critical Issues
