Journal of Environmental Law - current issue

Weighing up the EC Environmental Liability Directive

Winter, G., Jans, J. H., Macrory, R., Kramer, L. — 2008-06-30

In spite of a lengthy gestation period, the Environmental Liability Directive left conceptual puzzles that have caused difficulties of transposition by Member States and of application by authorities, operators, third parties and insurance companies. This is largely due to the fact that the Directive ventures into highly sophisticated national legal and doctrinal traditions. Its history and terminology are re-examined in order to explain some of the difficulties. Both the added value and the drawbacks of the Directive are considered. Problems of transposing the Directive within the national legal systems of a number of selected Member States are considered, as well as the principles of direct effect in cases of insufficient transposition. It is concluded that although the Directive should have been improved, it does have merits in that it obliges Member States to develop their often rather haphazard national laws in this area into a more comprehensive and coherent system of obligations and powers coping with environmental damage.

The Governance of Coexistence Between GMOS and Other Forms of Agriculture: A Purely Economic Issue?

Lee, M. — 2008-06-30

This article examines coexistence between GM, organic and conventional farming in the EU. The approach to coexistence is a major part of the post-authorisation regulatory framework for GMOs, and the allocation of authority for this aspect of regulation is heavily disputed between the Commission and certain Member States. Where authority lies is far from transparent, but the Commission's efforts seem to be directed at limiting national restrictions on the cultivation of GMOs. The article argues, in particular, that the conceptualisation of coexistence as a purely economic issue by the Commission is significantly restrictive of national autonomy, and involves a mistakenly narrow view of what is at stake in the regulation of GMOs.

The Interpretation of 'Precaution' in the European Community Common Fisheries Policy

Howarth, W. — 2008-06-30

The European Community Environment Policy and the need for integration of environmental requirements in sectoral policies raise markedly different issues in the different contexts in which they need to be applied. The application of the precautionary principle to the ‘prudent and rational utilisation of natural resources’ contrasts with its application in pollution control contexts. The need for precaution in the management of fisheries resources is considered against the backdrop of the reformed (post-2002) Community Common Fisheries Policy. This recognises the need to adopt a precautionary approach and, progressively, an ecosystem-based approach. These innovations are assessed through their application to catch limits under stock recovery plans. The interpretation of ‘precaution’ that has been adopted is contrasted with stricter alternatives. Given the potential costs of precaution, there may be good reasons for its progressive application, but, if the reforms fail to achieve their ecological objectives, a stronger version of precaution will be needed.

Urban Goods Movement and Air Quality Policy and Regulation Issues in European Cities

Dablanc, L. — 2008-06-30

This article looks at the way urban goods movements are included in transport policies aimed at improving air quality in large European cities, particularly in France. The movement of goods in cities is a major contributor to local emissions caused by mobile sources. Trucks emit many pollutants (notably NO_x and particulate matter) because they mostly use diesel and because there is a high proportion of old trucks and vans circulating in cities. As a result of this research, it seems that there are few policy innovations in freight issues in cities. Even more surprising is, in France, the low level of legal disputes over air quality standards attainment issues. Nonetheless, responding to public opinion's increasing concern over health issues and to European standards for urban air quality, some European cities have started to reserve access to city centres to new, ‘clean’ or ‘fully loaded’ trucks. By doing so, they have engaged in a more environmentally oriented urban freight strategy. The main conclusion of this article is that this new type of environmental regulation targeted on trucks is the best way available for cities wishing to improve their environment and air quality. Considering the current structure of the freight industry, other policy instruments such as negotiated agreements with freight professionals cannot be very useful except in a limited number of cities.

What Use for Article 95(5) EC?: An Analysis of Land Oberosterreich and Republic of Austria v Commission

Fleurke, F. M. — 2008-06-30

The EU and Environmental Crime: The Impact of the ECJ's Judgment on Framework Decision 2005/667 on Ship-Source Pollution

Hedemann-Robinson, M. — 2008-06-30

UK Law--Significant Environmental Cases 2007-08

Thornton, J. — 2008-06-30

Taking Stock of Environmental Assessment: Law, Policy and Practice. Edited by JANE HOLDER and DONALD MCGILLIVRAY

Turner, S. — 2008-06-30

Enforcement of European Union Environmental Law--Legal issues and challenges. Edited by MARTIN HEDEMANN-ROBINSON

Ross, A. — 2008-06-30

Environmental Law in Development: Lessons from the Indonesian Experience. Edited by MICHAEL FAURE and NICOLE NIESSEN

Mohamed-Katerere, J. — 2008-06-30

Differential Treatment in International Environmental Law By LAVANYA RAJAMANI

Stallworthy, M. — 2008-06-30

The Oxford Handbook of International Environmental Law. Edited by DANIEL BODANSKY, JUTTA BRUNNEE and ELLEN HEY

Cheyne, I. — 2008-06-30