bluuebunny/crossref_metadata_2025 huggingface dataset:
'Büyük Anlatısını' Arayan "Savaş": 1974 Kıbrıs Barış Harekatı
Authors: GÜVENÇ Serhat
Published: April 2022

Kıbrıs Barış Harekatı tarih yazını henüz bir büyük anlatı ortaya koyamamıştır. Bu yazın başlangıçta oldukça seçici ve zaman zaman kilit bazı siyasi aktörleri bile dışlayıcı bir özellik göstermiştir. Ancak zamanla dışlanan, ihmal edilen veya “suskunluğu” tercih eden aktörleri anlatıya eklemeleyenler eserlerle ve hatta bu tür aktörler tarafından bizzat kaleme alınan anılarla harekata ilişkin daha kapsayıcı bir anlatı taslağı uç vermiştir. 1974’den günümüze Büyük Anlatıyı önemli ölçüde şekillendiren üç önemli eser ve bir siyasi gelişme öne çıkmaktadır. İlk eser 1978’de gazeteci Mehmet Ali Birand’ın yayınladığı Otuz Sıcak Gün adlı kitaptır. İkinci önemli eser 1989’de harekatın 15nci yıldönümde Orgeneral Bedrettin Demirel’in anılarının Cumhuriyet gezisinde yazı dizisi olarak yayınlanmasıdır. Erbil Tuşalp tarafından yayına hazırlanan bu anılarla suskunluk duvarında ilk gedik açılmıştır. Duvarı yıkan gelişme ise 2004 yılında Annan Planı’nın Kıbrıslı Türkler tarafında kabul edilmesidir. 1974’de çözüme kavuşturulduğu varsayılan bir konunun aslında halledilmediğinin anlaşılması, “1974”ü Türk kamuoyuna ve özellikle genç kuşaklara hatırlatmaya yönelik yayın patlamasına yol açmıştır. Büyük anlatının iskeletini askeri ayrıntılarla besleyen üçüncü eser Korgeneral Muzaffer Sever’in 2010’da yayımlanan 20 Temmuz 1975 Kıbrıs: Bitmeyen Gece kitabıdır. Kitap hem daha önce bilinmeyen ayrıntıları ortaya çıkarmış hem de harekata ilişkin hareretli bir tartışmayı da tetiklemiştir.
Perbandingan Latihan Pursed Lip Breathing Dan Meniup Balon Terhadap Kekuatan Otot Napas Pada Pasien Penyakit Paru Obstruksi Kronis di Balai Besar Kesehatan Paru Masyarakat Makassar
Authors: Junaidin Junaidin
Published: April 2022

Latar Belakang :Penyakit Paru Obstruksi Kronik (PPOK) merupakan sejumlah gangguan yang mempengaruhi pergerakan udara dari dan keluar paru, hal ini dapat mengakibatkan hipoksemia dan hiperkapnia karena terjadinya kelemahan otot pernapasan dan obstruksi sehingga akan meningkatkan resistensi aliran udara, hiperinflasi pulmoner dan ketidakseimbangan ventilasi dan perfusi. Salah satu penanganan nonfarmakologi paru yang dapat diberikan pada pasien PPOK diantaranya dengan melakukan tehnik pursed lip breathing exercise(PLB) dan meniup balon.Latihanrehabilitasiini bertujuan untuk memperbaiki fungsi paru,mencegah kerusakan, dan meningkatkan kualitas hidup.

Tujuan: Diketahui perbedaan latihan pursed lip breathing dan meniup balon terhadap peningkatan kekuatan otot pernapasan pada pasien PPOK.

Metode : Penelitian ini merupakan penelitian Quasi-Eksperimen, dengan pre post test design pada dua kelompok perbandingan yang berbeda.

Hasil : Peningkatan kekuatan otot napas dan perbedaan signifikansi pada hari ke tiga setelah intervensi meniup balon (median=5870) dan PLB (median=5830) diperoleh nilai p<0,001, sedangkan hari ketujuh setelah intervensi meniup balon (median=5980) dan PLB (median=5880) diperoleh perbedaan signifikansi dengan nilai p<0,001.

Kesimpulan :Meniup balon sangat signifikan pada peningkatan kekuatan otot napas bila dibandingkan dengan PLB pada pasien PPOK.
How to Manage a Crisis: Entrepreneurial and Learning Orientation in Out-of-Court Reorganization
Authors: Mayr Stefan , Duller Christine , Königstorfer Manuel
Published: April 2022

This paper analyzes the impact of SMEs’ entrepreneurial and learning orientation on the outcome of reorganization. We draw on a resource-based view on reorganization, linked with entrepreneurial and learning orientation. Previous research indicates a higher success rate of out-of-court reorganization compared to formal court-supervised proceedings. Out-of-court solutions are handled privately, therefore little is publicly known about the process of an out-of-court reorganization and what determines its success or failure. Thus, we focus on out-of-court reorganization, analyzing a sample of 521 Austrian SMEs. The data were collected from the financing banks. To test our hypothesized model of the impact of entrepreneurial and learning orientation on reorganization success, we applied bivariate analyses and logistic regression. The findings indicate that both entrepreneurial orientation and learning orientation positively influence the success of reorganization. While action-oriented entrepreneurial orientation probably has a stronger impact on short-term success, vision-oriented learning orientation seems to be more important for long-term turnaround. Company size acts as a moderator, indicating that small companies are less likely to succeed than micro- and medium-sized companies. The study has implications for corporate practice and future research.
Organizational Capability, Market Perspective, and Green Innovation Adoption: Insight From Indonesian Food Processing Small and Medium-Sized Enterprises
Authors: Najib Mukhamad , Fahma Farah , Abror Abror , Suhartanto Dwi
Published: April 2022

The adoption of green innovation is urgent for small- and medium-sized enterprises (SMEs) in the food processing industry to reduce pollution, because the large number of food processing SMEs will contribute more to environmental waste. Nevertheless, SMEs face additional obstacles in adopting innovation compared with large enterprises. This study aims to develop a green innovation adoption model for food processing SMEs to overcome the abovementioned problem and assess the effect of the model on performance. The model consists of two components, namely, organizational capability perspective and market perspective. A total of 245 respondents, who were owners or managers in their respective SMEs, were selected. Data were analyzed using structural equation modeling. The results demonstrate that pro-green leaders, green human capital, and green market orientation significantly influence green innovation adoption, which are, in turn, influenced by absorptive capacity. Furthermore, green innovation adoption and green market orientation significantly influence marketing performance. This finding is important in helping owners of food processing SMEs in formulating strategies for adopting green innovation.
The noise pollution and heat stress in different parts of Rabak Cement Factory, White Nile State, Sudan
Authors: Mazahir Elhadi Abdallah Mohammed Ali  , Bashir Mohamed Elhassan  , Abdelaal Ali Hammad Ali
Published: April 2022

Cement industry caused environmental impacts at all stages of the process in the area; include emissions of airborne pollution in the form of dust, gases, noise and vibration. This study is conducted to evaluate the noise pollution and heat stress in different parts of Rabak Cement Factory. The study involved the exposed and unexposed groups. The noise levels were measured by the aid of an occupational health specialist who was familiar with the measuring device instructions and the study protocol. On the other hand, structured questionnaires were used to assess the workers' response to noise pollution in all sections of the factory. Environmental temperature was measured as close as feasible to the work area where the workers are exposed. The measurements were taken from two locations in the factory; the chemical laboratory and kiln in order to determine the heat stress. Some instruments were used to calculating heat stress parameters. Highest noise level was found in compressors 105.33 dB, conveyor belts 101.66 dB, raw materials mills 98.33dB and workshops 97.00 dB. The levels exceeded the maximum permitted noise level described by WHO. There is high temperature in work environment over standard level which may lead to heat stress. For these findings, the company should create a formal noise and heat stress management program.
Roles of Some Abiotic Stresses on Plant Growth Characters
Authors: Khalil Soha E
Published: April 2022

Abiotic stress such as salinity, drought, high temperature, and weighty metals is associated with crop efficiency and improvement. Abiotic stress is a primary danger for sanitation because of the disruption of climate caused by human activities and consistent changes in the environment. A deep understanding of the yield response to stress will contribute substantially to current and customary reproducing procedures for the further development of stress resilience.
Ipomoea Digitata L. (Convolvulaceae) - A New Record for the Flora of Jammu and Kashmir, India
Authors: Bhellum B. , Magotra Rani
Published: April 2022

The present paper puts on record Ipomoea digitata a new record for the flora of Jammu and Kashmir and its adjoining state in India. A brief description and illustration of the part of the plant is also given.
A vita minimuma
Authors: Rosta Kosztasz
Published: April 2022

Az európai filozófiatörténet vélhetőleg első „metavitájában” a beszélgetőpartnerek megszakítják eszmecseréjüket a tárgyról és a vita mikéntje kapcsán próbálnak egyezségre jutni: Szókratész a rövid, kérdés-felelet formájában lezajló beszélgetést preferálja, mely jól definiált propozíciókat, illetve ezek logikai térképét eredményezi, míg Prótagorasz szíve szerint inkább bemutató beszédek versenyében venne részt, melyben a nyelv nem reprezentacionalista, hanem tropikus/metaforikus, és nagyobb, kumulatív egységeket alkot, mint a propozíciók. A tét tehát nem pusztán annyi, hogy milyen hosszan fejthessék ki álláspontjukat a felek, hanem hogy a gondolkodás két, nehezen összeegyeztethető útja közül melyiket használják. A választás valaki számára mindenképpen komoly veszteséggel jár: Szókratész rögtön deklarálja, hogy beszédek tartására képtelen, s a vita felfüggesztését helyezi kilátásba, míg Prótagorasz arra mutat rá, hogy leghatékonyabb fegyvere feladása egyrészt implauzibilis, másrészt vélhetőleg saját vereségéhez vezethet. A patthelyzetet – meglepő módon – a diszkurzív közösség tagjai képesek feloldani úgy, hogy egyrészt (i.) nyomást gyakorolnak a felekre a megegyezés és a folytatás érdekében, másrészt (ii.) javaslatot tesznek a kompromisszumra, illetve (iii.) a felek egymás iránt tanúsított viszonyára. A kompromisszum (ii.) egy furcsa hibridet, egy költemény közös elemzését eredményezi, mely a kölcsönös, baráti jóindulat (iii.) Prodikosz által javasolt elvén alapulhat. A diszkurzív közösségnek tehát moderáló (hogyan ne viselkedjünk egy vitában) és normatív (milyen közös szabályok mentén vitázzunk) szerepe van. E példa legfontosabb elemének ugyanakkor a közösség által kifejtett nyomást (i.) tartom: Platón jól szemlélteti, hogy a civakodást felváltó civilizált vitának az a kulcsa, hogy a diszkurzív közösség rászorítsa tagjait arra, hogy a játékszabályok egy halmazát, vagyis a vitához szükséges minimumot betartsák. Jó okunk van azt feltételezni, hogy a példában megismert vita e külső óvó tekintet híján konklúzió nélkül, közös nevező hiányában félbeszakadna.
            A következő vitaindítóban egy nemrég lezajlott vita kapcsán kívánom felhívni a figyelmet (1) a hazai filozófiai közbeszéd hanyatlására, illetve (2) ennek lehetséges okaira, továbbá (3) a diszkurzív közösség ezzel kapcsolatos feladatára. E feladatot igyekszem artikulálni, amennyiben e közösség tagjaként az említett problémát tematizálom.
Antibiotic Spacers for Shoulder Periprosthetic Joint Infection: A Review
Authors: Namdari Surena , Sudah Suleiman Y. , Menendez Mariano E. , Denard Patrick J.
Published: April 2022

Periprosthetic joint infection is a rare but potentially devastating complication of shoulder arthroplasty. The most conservative treatment approach is a two-stage revision involving interval placement of an antibiotic cement spacer. The purpose of this study was to contextualize the use of antibiotic spacers in the current treatment paradigm of shoulder periprosthetic joint infection and to review the history of shoulder spacers, the different types (eg, stemmed versus stemless and prefabricated versus handmade), the antibiotic composition and dosage, and their efficacy and complications.
Revising Bulgarian Water Law: Building on the French Connection
Authors: Farmer Andrew M
Published: April 2022

Bulgaria is about to adopt a new Water Law establishing an administration based on river basins. This system draws heavily on French experience and aids in approximation to the proposed EU water framework Directive. The French model has not been followed wholesale, but has been modified. This provides an interesting case study of a transfer of west European administrative models to central and eastern Europe.
The European Energy Charter Treaty: Tipping the Balance between Energy and the Environment
Authors: Layard Antonia
Published: April 2022

This article examines the environmental implications of the European Energy Charter Treaty together with the Energy Efficiency and Nuclear Protocols. It considers their provisions in light of existing developments in international environmental law and policy. It concludes that as the primary aim of the Treaty was to stimulate trade in the former Soviet Union and Eastern Europe it is unsurprising that the Treaty has relied more on hortatory statements and guidance than on implementing concrete environmental protection measures.
Environmental Assessment Law and the Role of the Development Banks
Authors: Salter John
Published: April 2022

This is a sequel to William Sheate's article on the proposed amendments to the Environmental Impact Assessment (EZA) Directive 85/337/EEC (see [I995 ] EELR 77), looking at the position from the banking point of view. If Ministers of Member States cannot agree recommended revisions, and lack the will to ensure full compliance by developers with the Directive, then lenders may bring their influence to bear on borrowers. The increasingly proactive stance taken by development banks with regard to environmental assessment is reviewed and compared with the requirements of the Directive. The various types of assessment are also considered. Policy assessment under the Energy Charter Treaty and Environmental Protocol is reviewed.
The World Trade Organisation Committee on Trade and Environment: Exploring the Challenges of the Greening of Free Trade
Authors: van Calster Geert
Published: April 2022

The World Trade Organisation General Council established the WTO Committee on Trade and Environment on 31 January 1995. The predecessors of this Committee are the GATT group on Environmental Measures and International Trade and the Sub-Committee on Trade and Environment of the Preparatory Committee of the World Trade Organisation. The WTO Committee has already discussed a wide range of issues involved in the "greening" of free trade. Its work reflects the definition of environmental protection as constituting an element of global free trade.

Work on this article was completed on 1 August 1995.
What Role Can the Presidency Play in Co-ordinating European Union Environmental Policy-making? Am Anglo-German Comparison
Authors: Wurzel Rüdiger K.W.
Published: April 2022

The office of the European Union (EU) Presidency has attracted little research interest despite the fact that its importance has grown markedly over the years. This paper focuses on the co-ordination function the Presidency can play in the environmental field. It uses the British and German Presidencies of 1992 and I994 respectively as case studies. It concludes that the integration of strict environmental requirements into all common policies is often still hampered by the decision-making framework.
Loving the Environment to Death: Can Law Protect the Environment from the Leisure Threat?
Authors: Woodward Karen
Published: April 2022

Tourism in Europe has already destroyed much of the environment or is threatening to do so. There is an overall picture of polluted stretches of coastline with inferior water quality, erosion in Alpine areas, excessive depletion of water resources and the cumulative destruction of cultural monuments. Equally damaging has been the accompanying dissolution of social ties. Mass tourism inevitably contains the seed of its own destruction; as revenues rise the special environmental beauty of a location almost inevitably declines. The 1980s saw the development of a theory of "soft" or "green" tourism in Europe which was only ever capable of limited application. Post-Rio, tourism is another economic activity facing the test of sustainability. Sustainable tourism must find a model which touches even the mass tourist.

What has been the effect of regulatory intervention in favour of sustainable tourism on a European, national and regional level, with particular regard to Italy? Is the law any use at all in this difficult area of social control of leisure time, and can we interfere with the right of the average Torino car worker to his August sun and sand holiday?
Environmental Impacts and the Role of Banks in the European Union: A Survey
Authors: Onifade Paul I Kay
Published: April 2022

This article summarises the results of a survey into the present and future effects of environmental liability issues on banking practices. It reports on the banks environmental awareness; credit risk management; remediation costs; and perceptions of future developments. It concludes that banks see environmental issues as a challenge rather than as a threat; environmental considerations play an increasing role in risk assessment; the banking world seeks clearer rules; the banks are probably more conscious of environmental issues than might appear; and that they believe they will become more important.
Two Italian Judgments Relating to the Implementation of Environmental Conventions
Authors: Scovazzi Tullio
Published: April 2022

Two recent decisions handed down by Italian Pretori (judges of first instance) deal with the continuing problem of the relationship between domestic legislation and international treaties, with special reference to two well-known international conventions. Strangely enough, the relationship dealt with two opposing situations. In the First case, Italy had delayed the execution of a treaty; in the second, execution was anticipated.
Waste from Electrical and Electronic Equipment: Producer Responsibility: A Review of Initiatives in the EC
Authors: Geradin Damien , Welker Anne Marie
Published: April 2022

Failure of the EU Priority Waste Streams Programme on waste from electrical and electronic equipment; the German draft ordinance on the disposal of information technology equipment; the Dutch draft ordinance; the proposed Swedish Act concerning Recycling and Producer Responsibility with respect to end-of-life electrical and electronic equipment; preparatory steps with a view to legislative proposals in Austria, France, Finland and Denmark; the position in the remaining EU Member States; conclusion that the EU should take a lead with a view to harmonising future requirements.
The Enforcement of EU Environmental Law: Article 169, the Ombudsman and the Parliament
Authors: Kunzlik Peter
Published: April 2022

Problems of enforcing EU environmental law by means of Article 169 procedure, adopting the "Newbury Bypass" case as an example; the background to the case - the Environmental Impact Directive and the "pipe-line" point; referral of the Commission's withdrawal from the case to the EU Ombudsman; the office and powers of the Ombudsman; the four main points of complaint; the Commission's arguments to the Ombudsman; the Ombudsman's conclusions, including the "rather surprising" possibility that "a bona fide but wrong interpretation of the law could amount to  maladministration"; and his decision to conduct an "own initiative" inquiry into the workings of Article 169 generally; simultaneous consideration of petitions in respect of the same matter by the Petitions Committee of the European Parliament; the Committee's view that the Commission's decision had been made at a political level and its instigation of further investigations; conclusion as to the importance of these references to the Ombudsman and the Parliament.
The Auto Oil Programme: An Interim Critical Assessment
Authors: Friedrich Axel , Wurzel Rüdiger K.W. , Tappe Matthias
Published: April 2022

The Auto Oil I Programme, as published by the Commission, consists of proposals for directives on fuel and car emission standards and a communication on a future strategy to control atmospheric emissions from transport. It was initially praised as a great success by both the Commission and the oil industry, as well as by the automobile industry, although to a much lesser degree. However, the Auto Oil I Programme has been fiercely criticised by the European Parliament and by environmental and consumer NGOs. In its common position, the Environment Council adopted considerably more stringent fuel standards than those put forward by the Commission. The European Parliament remained dissatisfied, and, following the adoption in its second reading of most of the amendments it had tabled during the first reading, remains in disagreement with the Council. Consequently the conciliation committee will now have to be set up to find compromise solutions. This article presents a critical analysis of the Auto Oil I Programme.
How Safe is "Safe"? The Brave New World of Differential Cleanup Standards
Authors: Perrette Virginie-Alvine , Bates Jeffrey C
Published: April 2022

The development of environmental liability standards for the cleanup of contaminated sites; answers to the question, "how clean is clean?"; modification of early objectives leading to the question "how safe is safe?" and the new focus on how properly to limit, rather than expand, liability; a review of efforts to develop "differential" cleanup standards in the U.S. Environmental Protection Agency's Region III, and in the states of Massachusetts, Texas, Pennsylvania and Illinois.
A Future Environmental Liability Regime
Authors: Bergkamp Lucas
Published: April 2022

The Commission's Working Paper on environmental liability and the forthcoming proposal for a directive. The proposed strict liability regime. Scope - prospective rather than historic damage; dangerous activities regulated by EC law; natural resources protected by EC law. Liable persons, liability being channelled to the operator; position of banks and other lenders; "mitigated joint and several liability" where there are multiple liable parties. Defences: force majeure, act of God; contributory negligence; third party intervention; but not state of the art and regulatory compliance. The damage in respect of which liability would arise: environmental damage, and also personal injury, property damage and loss of profits if caused by regulated dangerous activities; focus on the type of damage rather than the activity. Future contaminated sites: cleanup trigger levels and cleanup objectives. Causation: a presumption rebuttable by a prevailing probability. Standing to sue: a two tier approach. Conclusion that the Working Paper sets out some useful ideas but omits important concepts and does not provide much detail.
Recent EC Environmental Legislation and its Compatibility with WTO Rules: Free Trade or Animal Welfare Trade?
Authors: Feddersen Christoph
Published: April 2022

The "free trade" or "fair trade" debate has various aspects. One facet is the possible contradiction between national environmental law and rules governing international trade. Different levels of national environmental protection - as recently exemplified in the well-known "Tuna I Dolphin" controversy - can lead to serious legal problems. This article analyzes a recent EC Regulation regarding the ban on cruel leghold traps and its compatibility with WTO rules, searching for the answer to the question "free trade or animal welfare trade?"
Integrated Pollution Prevention and Control: The Implementation of Directive 96/61/EEC
Authors: Mereu Claudio , Long Antoinette
Published: April 2022

Key elements of the Directive - Obligations imposed on industrial operators - Permits requirements and the "best available techniques" (BAT) criterion - Establishing European emission limit values - The exchange of information between the Commission and the Member States and the preparation of reference documents (BREFs) - The role of the lPPC Bureau - The implementation of the IPPC Directive by November 30, 1999, with a transitional period until October 30, 2007.
Environmental Impact Assessment in Spain: A Critical Review
Authors: Rodriguez Esther Garcia
Published: April 2022

Spanish environmental legislation and the implementation of Directives 85/337/EEC and 97/11/ EC on environmental impact assessment (EIA); an analysis of the main factors that influence the effectiveness of EIA in Spain, those factors being characterised as either internal (that is, inherent in legislation) or external, that is, other factors, which can vary from political to social issues. A comparison between the theory and the practice; and an assessment of the likely efficacy of the amended EIA Directive in Spain.

Conclusion that certain failings are caused by failings in the text of the EIA Directive itself; although certain national legislative mechanisms in Spain have gone beyond the terms of the Directive, EIA in Spain is a politicised and arbitrary process and legislation is not usually respected, leading to a high proportion of unsatisfactory EIA and irregular implementation.
Integrated Product Policy: The New Approach to Environmental Regulation
Authors: Rose Ian , Knighton George
Published: April 2022

The development of integrated product policy, environmental controls being complemented by environmental management and the encouragement of "best available techniques"; the first "producer responsibility" obligations; the expected Green Paper; IPP defined as producer responsibility for a product from extraction of raw materials to managing the waste at the end of the product's life; lessons learnt from the Packaging and Packaging Waste Directive; other "producer responsibility" initiatives - the proposed directives on end-of-life vehicles and on waste electrical and electronic equipment; compliance and enforcement; competition issues; conclusions that the development of IPP is likely to accelerate, that those affected must monitor developments vigilantly, and that costs for businesses will increase.
The Swedish Environmental Code
Authors: Rubenson Stefan
Published: April 2022

An overview of the Swedish Environmental Code, in force from 1 January 1999; the precautionary approach as the basis - the burden of proof, requirements to use best possible techniques, requirements as to the location of activities and to reuse and recycle, clarification on liability to clean up polluted sites; new powers to introduce environmental quality standards; provisions on environmental impact assessment; nature conservation, based on a network of protected areas; GMOs; new obligations in respect of chemicals; waste legislation; enforcement - penal provisions and sanction charges.
Public Participation in Decision-making and Access to Justice in EC Environmental Law: the Case of Certain Plans and Programmes
Authors: Mathiesen Anders S.
Published: April 2022

This article outlines public awareness, public participation and access to judicial review as concepts of International and EC environmental law, as means of enforcement of EC environmental law against Member States (MS) and as remedies against political perceptions of ``democratic deficit'' in EC environmental decision-making. As an illustration the article examines in comparative detail Directive 2001/42/EC on the assessment of the effects of certain plans and programmes on the environment (DEIAPP) which establish procedures for Strategic Environmental Assessment (SEA) i.e. Environmental Assessment (EA) of public Plans or Programmes (PorPs) which are likely to have significant environmental effects and serves as a de facto implementation of Art. 7 of the 1998 UN/ECE Aarhus Convention (AC) into EC law. The analysis suggests that the precision and substantive contents of DEIAPP is legally insufficient to implement the AC requirements of effective public participation and access to judicial review before the Court of First Instance (CFI) and the European Court of Justice (ECJ) and makes suggestions to EC legislative and/or judicial action to allow for a wider admissibility of private actions in the field of public interest litigation of EC environmental law than afforded by the standing ECJ interpretation of the Treaty of the European Communities (TEC) Art. 230(4).
Foreign direct investment and the protection of the environment: the border between national environmental regulation and expropriation
Authors: Madalena Ignacio
Published: April 2022

This article endeavours to set up the border between legitimate non-compensable national environmental measures or regulations and measures that are tantamount to expropriation requiring compensation. Recent investor-state arbitration claims show that whenever a state takes action to protect the environment, the state is responsible for damages to foreign investors protected under an investment treaty. After a brief description of the relationship between the protection of foreign direct investment and the environment, this article addresses in Part II how the vague definition of investment under treaty law, broadens the treaties' scope of application. Part III describes what amounts to a taking under a bilateral investment treaty and the North American Free Trade Agreement (NAFTA), and under international law. Part IV draws the border between legitimate non-expropriatory national legislation aimed at protecting the environment and regulations that are tantamount to expropriation. Part V refers to the issue of whether a proportionate and non-discriminatory regulation aimed at a public purpose, and not in breach of prior commitment requires compensation. Part VI is a conclusion.
Financing Environmental Improvement: the Use of Environmental Funds in EU and CEE Countries
Authors: Hargreaves Pamela , Hawke Neil
Published: April 2022

Summary: The purpose of this article is to examine the design, operation and effectiveness of environmental funds concentrating particularly on those funds whose role is aimed at the second category of protection, improvement and enhancement. The article examines specific examples of environmental funds in Central and Eastern Europe and compares them with established and emerging funds in the UK and other European jurisdictions. That comparison will necessarily refer to the status and effect of the ``polluter pays'' principle as a variety of economic instrument. This principle allows an appreciation of the extent to which fund-based arrangements in the environment achieve efficiency and effectiveness where (for example) pollution charges are a source of fund income which may in turn be available for environmental protection, improvement and enhancement.
Smart Regulation and the Revised Batteries Directive: Legislated Taxation Systems and Collection Schemes
Authors: Makuch Zen
Published: April 2022

Summary: This Art. is more than mere analysis of law and policy in relation to the revised Batteries Directive. It describes the practical, legal and economic underpinning of voluntary agreements, also known as environmental agreements. It seeks to reveal that voluntary agreements provide a useful complementary tool to command and control models and economic instruments. The key elements of a voluntary agreement that could be implemented under the revised Batteries Directive have also been drafted and provided. This voluntary agreement is sufficiently flexible so that it may be applied by stakeholders to many other areas of environmental law whether at the Member State or European Community level. The author argues that in some cases they provide advantages over command and control models by aiming for an ``environmental consensus'' that anticipates and plans for strategic interventions to reduce or prevent environmental pollution within a more flexible framework that allows for a confluence of science and industry know-how while reducing regulatory and related cost inefficiency. The first part of the two-part Art. included coverage of economic instruments; producer responsibility voluntary agreements schemes; and deposit return systems. In the second part of this Art. the author considers legislated taxation or charging systems, government-led collection schemes and industry-led programmes before providing a conclusion and making recommendations.
Shout to the Top: Environmental Liability of Companies and Directors under Belgian and UK Law
Authors: Delvaux Bram
Published: April 2022

Summary: The aim of this contribution is to provide an overview of the basic features of environmental liability of companies and their directors from a comparative perspective between Belgium and the United Kingdom. This article starts with the concept of environmental liability under the legal regimes. Moreover, the various legal bases for environmental liability are analysed from a broader approach this includes, the different rules of civil, criminal and administrative liability for environmental damage applied to companies and their directors. The article concludes that the legal systems based their environmental liability regime on a mixture of legal principles and additional specific environmental regulations in order to meet with the principles' shortcomings. Notwithstanding the great effort of both Belgium and the United Kingdom, in practise these regimes do not suffice for a preventive, repressive and restorable effect of environmental damage.
Case Report: Case C-236/01: Monsanto Agricoltura SpA & Ors v Prezidenza del Consiglio dei Ministeri & Ors
Authors: Somsen Han , Etty Thijs
Published: April 2022

Regulation (EC) No 258/97 – Novel foods – Placing on the market – Safety assessment – Simplified procedure – Substantial equivalence to existing foods – Foods produced from genetically modified maize – Presence of residues of transgenic protein – Measure by a Member State temporarily restricting or suspending the trade in or use of a novel food in its territory; Judgment of 9 September 2003 not yet reported
European Environmental Criminal Law: Do We Really Need It?
Authors: Faure Michael
Published: April 2022

Summary: The Commission argues that the criminal law needs to be used to punish offences in breach of Community law protecting the environment. The Commission believes that only by using the criminal law can the implementation deficit effectively be remedied. In this article the author argues that this duty towards criminal enforcement seems ineffective and can potentially even be counter productive. The traditional model for implementation of European legislation is still that European environmental law will draft the norms, but that Member States remain free in their choice of the implementation techniques. European legislation and case law has reacted in various ways with effective remedies to cope with the implementation deficit. However, the idea has never been that the implementation deficit would be cured by forcing Member States to impose a specific type of sanction. This would remove the traditional freedom to choose the correct implementation instrument by the Member State and in that sense it seems non-European. Moreover, the argument that the criminal law would be necessary to guarantee a correct implementation of European environmental law seems to neglect all the instruments that European law has developed so far to force Member States towards compliance. The author opines that the Commission, at least in the directive it proposed in 2001, neglected the important question of a correct theoretical foundation for a European intervention in the area of environmental criminal law. This contribution does not aim to provide a formal institutional-legal basis for a European environmental criminal law, but rather critically addresses whether such a European environmental criminal law would anyway be necessary. The focus is mostly on the proposal for a directive presented by the Commission in 2001. If the European Court of Justice were to adopt arguments concerning the lack of competence of the Council we may assume that one day the initiative taken by the Commission in 2001 will be continued.
Safety of Nuclear Installations, Spent Nuclear Fuel and Radioactive Waste Management in the European Union: A Legal Analysis
Authors: Kacem Ikbal Abbassi A.
Published: April 2022

Summary:The current European Union (EU) regime constitutes a strong incentive to achieve a high level of nuclear safety. However, when new eastern and central European countries join the Union, there is nothing to prevent them from abandoning these measures, as the current regime does not provide for common legal rules for nuclear safety in the EU. To this end, the European Commission has issued new proposals known as `the nuclear package', which includes a proposal for a Directive on the safety of nuclear installations, and a proposal for a Directive on spent nuclear fuel and radioactive waste management. This article discusses the legal basis for the Community's legislation on nuclear safety, the current regime and the new proposals. It also examines the extent to which changes can be brought through these proposals.
Towards Good Environmental Governance in Europe
Authors: Heldeweg Michiel A.
Published: April 2022

Summary: This article is about good governance, as presented in the 2001 EC White Paper, in relation to environmental legal policy making in Europe. First a concise analysis is made of the concept of good governance. Then, in a ``tour d’horizon’’, environmental policy programmes, legal cornerstones and instruments are described on the basis of the five main principles of good governance: openness; participation; accountability; effectiveness; and coherence. This overview illustrates the move toward good governance, fitting with the wording of the fifth Environmental Action Programme of 1993: ``Whereas previous environmental measures tended to be prescriptive in character with an emphasis on the `thou shalt not’ approach, the new strategy leans more towards a `let’s work together’ approach.’’ However, much is yet to be done, if a true shift in governance is to be brought about. A further analysis is therefore made of the possibilities of enhancing the concept of good environmental governance under the future European Constitution. Major improvements are within grasp if there is a willingness to place a ``clean’’ Europe for citizens before the single market, introduce basic citizens’ rights on basic environmental standards, further support for environmental NGO’s and allow for more competition between Member States.
Transformation of the First Daughter Directive on Air Quality in Several EU Member States and its Application in Practice
Authors: Backes Chris , Koelmeijer R. B. A.
Published: April 2022

Summary: Since the transposition of the first Daughter Directive on air quality into Dutch national law, various plans for spatial developments in the Netherlands were rejected because of possible violation of air quality limit values. These plans were rejected by court after appeal by stakeholders. In this paper we investigate whether these issues also occur in other EU countries. We have found that only very few court cases of this type have occurred in other EU countries, because of differences in the implementation of the first Daughter Directive. One of the most striking differences is that in some countries (the Netherlands, Germany), limit values are understood as absolute limit values, whereas in other countries (Belgium, France, UK), the need to meet a limit value is weighted with other interests when deciding on granting permits. It is clear that, while most countries have exceedances of limit values, and all countries base their policy on the same EU air quality Directives, still large differences exist between member states with respect to the role limit values play in granting permits for new spatial developments
International Regime and the EU Developments for Preventing and Controlling Vessel-Source Oil Pollution
Authors: Zia-Mansoor Farkhanda
Published: April 2022

Summary: Sea-going vessels introduce pollutants into the marine environment in three principal ways: through oil and other cargoes entering the water due to collisions or other maritime casualties; through loading, unloading, and bunkering operations; and through operational discharges of oil which are made deliberately, during normal operation. This article critically assesses the EU developments and the international legal regime for preventing, reducing and controlling vessel-source marine oil pollution. The critical analysis will be in the light of the MARPOL Convention 1973 as modified by the 1978 Protocol, which provides the international rules and standards for controlling pollution from ships, and the 1982 UN Convention on the Law of the Sea (LOSC), which provides prescriptive and enforcement jurisdiction of flag, coastal or port states.
Organised Crime and the Environment: the British Experience
Authors: Watson Michael
Published: April 2022

Summary: Organised environmental crime is a growing and increasingly controversial international problem. This article examines the current situation in the United Kingdom. It begins with a brief historical survey which suggests that much environmental crime has been a highly organised -- and very profitable -- activity since the introduction of ``Forest Law’’ in the early Middle Ages. It then discusses the nature of organised environmental crime in contemporary Britain. A distinction is drawn between the illegal activities of ostensibly ``legitimate’’ businesses and the activities of criminal gangs and ``firms’’. It tries to show that many of the latter are engaged in a range of illegal activities. These often involve violence. There follows a discussion of relevant economic issues. It is argued that environmental offenders can make very substantial profits at minimal risk. In these areas, crime often makes good business sense. Attention is given to specific areas of criminal activity. These include unauthorised waste disposal, illegal advertising and wildlife crime. It concludes that these activities will remain highly profitable -- and widespread -- as long as sentences for environmental offences remain derisory and (more importantly) as long as most offenders are not prosecuted.
What is in a Name? - Regulation of Electrical and Electronic Products
Authors: McLoughlin Aaron
Published: April 2022

Summary: Directive 2002/96/EC on waste electrical and electronic equipment (WEEE) and Directive 2002/95/EC on the restriction of the use of certain hazardous substances in electrical equipment (RoHS) marked both a major step by the European Community in regulating the environmental impact of products and possibly the high-water mark of Community environmental product regulation. In this article the author describes the state of transposition of the WEEE and RoHS Directives; considers what ``electrical and electronic equipment’’ is regulated; and outlines issues still to be resolved in environmental product regulation.
The MOX Plant Judgment of the ECJ: How Exclusive is the Jurisdiction of the ECJ?
Authors: Lavranos Nikos
Published: April 2022

The European Court of Justice has tried to protect as much as possible its exclusive jurisdiction by making clear to the Member States that it is the only and final dispute settlement body that has the jurisdiction to adjudicate on all aspects of Community law, including international law aspects that are part of the Community legal order. This article outlines the MOX case and analyses the high price which would have to be paid for the limitation of the freedom of the Member States to select the dispute settlement system of their choice and by the limitation of the exercise of the jurisdiction of the other international courts and tribunals to provide the maximum protection of the exclusive jurisdiction of the ECJ.
The European Court of Justice Decision in Case C–206/06, Essent Netwerk Noord BV
Authors: Gram Mortensen Bent Ole
Published: April 2022

The European Court of Justice stated in a judgment of 17 July 2008 that a price surcharge for electricity to recover stranded costs among domestic producers will be contrary to either Article 25 or 90 EC and in addition be contrary to the prohibition of State aid in Article 87(1) EC. In relation to the State aid issue the judgment is supplementing the PreussenElektra Case and contributes to clarifying when the intervention is made by State resources or not. The new judgment states that price surcharge on the transmission service, where the proceeds are used to give preference to domestic electricity producers, is contrary to Article 25 or 90 EC, and in addition will be tantamount to State aid after Article 87(1) EC.
European Union Emissions Trading Scheme: Phase III
Authors: Okinczyc Sebastian
Published: April 2022

The paper would attempt to present a prospective analysis of what are the challenges and prospects of the European Union Emissions Trading Scheme in Phase III (2013-2020) both for lawyers as well as industries. It will start with a brief introductory overview of the theoretical basis and fundamental developments in the EU ETS in general and would then continue with a focus on the future issues as, for example, possible expansion to include new industries and jurisdictions in the EU ETS, common emissions cap set at EU level in Phase III and other developments directly derived from Phase III.
Competition Law in the Energy Sector: The European Experience
Authors: Ghaya Kalyani , Hariharan Srikanth
Published: April 2022

The article critically analyzes the evolution of competition law in the energy sector of the European Union. It highlights the efforts that are taken up by the European Commission to ensure that there is a single market for the energy sector. The article's scope spans from the natural monopoly days where the energy sector was controlled by the State to days of State-aid control. Inter alia, the paper mainly deals with the anti-competitive practices that the EU had to face in the energy sector and the measures that were adopted by the EC to see that there is free and fair competition in the energy sector, leading to the beneficial development of the ultimate consumer.
Fraud on the European Union Emissions Trading Scheme: Effects, Vulnerabilities and Regulatory Reform
Authors: Nield Katherine
Published: April 2022

As the European Union Emissions Trading Scheme (EU ETS) has grown in size and value, it has become an increasingly attractive playground for fraudsters. The past two years have seen value-added-tax (VAT) fraud and emissions allowance thefts emerge as major threats to the EU ETS market. This study explores the effects that these forms of fraud have had on parts of the EU carbon market; uncovers vulnerabilities in the regulation of the registries (the ``banks'' of accounts in which emissions allowances are kept and from which they are traded) and the oversight of the EU ETS market; and analyses the adequacy and wider implications of the regulatory reforms recently proposed by the European Commission. A series of semi-structured interviews conducted for this study exposes a significant amount of discomfort amongst stakeholders regarding the proposed reforms to the regulation of the registries system, which is felt could still leave the system vulnerable to fraud and its effects. The potential extension of the EU financial markets oversight regulations has also led to fear that the future regulatory framework may be disproportionately burdensome for some market participants, potentially compromising the cost-efficiency of this emissions abatement tool. Moreover, the paper highlights the difficulties involved in the investigation and prosecution of fraud in the carbon markets and assesses the extent to which recent developments in EU criminal law, in particular since the ratification of the Lisbon Treaty in 2009, hold the potential to overcome some of the existing barriers to the effective criminal law cooperation between the Member States.