bluuebunny/crossref_metadata_2025 huggingface dataset:
Public Environmental Law in Europe: a Comparative Search for a Ius Commune
Authors: Deketelaere Kurt , Heldeweg Michiel A. , Seerden René J.G.H.
Published: April 2022

Summary: The evolution towards a ius commune in environmental law, especially within Europe, is the main subject of this article. It aims to present some of the main environmental issues, such as: general legal foundations, main legal instruments, procedural rules of implementation and rules of enforcement. Each issue is discussed from the viewpoint of developments within EC member states, the EC and, as a point of ``external reference'', the USA. As the features of the present day systems of Environmental law are compared, not only do we find a greater coherence but also a linkage with the concept and principles of good governance. Maybe environmental law in the legal orders concerned has reached a stage at which unification is of less importance than allowing for differences and learning from them.
Case Reports: Case C-201/02 Wells v. Secretary of State for Transport, Local Government and the Regions
Authors: De Cock Kristof
Published: April 2022

Directive 85/337/EEC – assessment of the effects of certain public and private projects on the environment – direct application of directives – guidelines on obligation on Member States to remedy infringement of obligation to transpose directives into national law; judgment 17 January 2004
Energy Efficiency as a Criterion for Regulation in the European Community
Authors: Bruggeman Véronique
Published: April 2022

Summary: This article discusses the role of energy efficiency as a criterion for regulation in the European Community. It focuses on energy efficiency as a criterion for the regulation of products. For this reason, the IPPC Directive will not be discussed, however it also implements energy efficiency measures as a condition of the grant of an IPPC-style permit. First attention is drawn to the link between sustainable development, integrated product policy, security of supply and protection of the environment. Then, a brief introduction is given to present market barriers which hinder the production and consumption of more energy-efficient goods. The next three sections examine the European Community's view on its energy efficiency policy and focus therefore on primary legislation, secondary legislation and policy documents. Section VII explains the potential role public procurement can play in the energy efficiency policy. In this view, the article touches upon the Concordia Bus Finland and the Wienstrom cases and makes the connection with the new legislative package aimed at the harmonisation of the existing Public Procurement Directives before some general concluding remarks.
The Proposed EU Energy Security Package vis-à-vis EU Law
Authors: Yu Zhang Shu
Published: April 2022

Summary: The European Commission adopted on December 10, 2003 a draft legislative package (hereinafter referred to as ``the Package'') designed to promote investment in the EU energy sector and prevent the re-occurrence of the blackouts experienced in several countries earlier this year. Is the proposed Package compatible with other parts of EU law, especially the basic principles of Community's environmental law and its climate change policy? This paper illustrates how the measures adopted by the Package run contradictory to the integration and prevention principle of EC environmental law, the climate change policy and infrastructure policy. The focus is the principles and the climate change policy which entails instruments of demand management and promotion of renewable energy to achieve its goals. The author suggests possible solutions to develop a sustainable and green security of energy supply policy and argues that a sustainable energy supply is a goal for the future for which action must start today. And the important issue in a sustainable energy policy is to fully incorporate the principles of EC law and the environmental protection policy. Taking into account its violation of the Community's principles, environmental law and infrastructure policy, the proposed Package must be altered. Future policies regarding security of supply must focus on generation actions that will guarantee environmentally sustainable security, especially the climate protection parameters. Demand management measures and renewable energy promotion should be regarded as the most crucial criteria and clear mandatory targets should be developed. A consistent and environmentally friendly energy policy will help the EU to achieve economical, social and ecological sustainable development.
An Evaluation of the European Union’s Emissions Trading Scheme in Practice
Authors: Kelly Gerard H.
Published: April 2022

This paper offers an appreciation of the complex detail of the European Union’s Emissions Trading Scheme and the complications encountered in linking such a scheme across 25 Member States before examining the scheme, with a view to ascertaining its potential business consequences and further developments to the scheme which may occur in the months and years ahead. The author concludes that it is safe to assume that the scheme is here to stay and that it will make a valuable contribution to cutting CO2 emissions and meeting the EU’s Kyoto obligations.
UK’s Environmental Watchdog Brought to Heel
Authors: Murphy Jasmine
Published: April 2022

This article provides a report and detailed analysis of the landmark case of Ian Cook v. Environment Agency and May Gurney Ltd (17 May 2006). This is the first case in which the Environment Agency has ever been successfully prosecuted for a pollution offence. This article evaluates the future implications of this precedent case and discusses it in the context of other private prosecutions of environmental crimes.
Regulating Nanotechnology in the European Union
Authors: van Calster Geert
Published: April 2022

It is often a quote’s fate to be taken completely out of context. And undoubtedly this is also true for the above statement. The above extract illustrates the exasperation sometimes felt by those at the receiving end of regulation for new technologies. This is in particular the case vis-à-vis the EU answer to regulatory, especially Safety, Health and Environmental concerns. For the regulation of nanotechnology, the presumption is that the EU will adopt a cautious approach, whether or not based on the current regulation. Much like in the US and elsewhere, there is no tailor-made regulatory framework for nano. Part of industry fears that REACH, the new EU’s chemical policy, may be used as a source of inspiration, which would imply a qualified shift of the burden of proof of safety, from the authorities to the manufacturer. Product liability is less likely to play a preponderant role, at least at the EU level (as opposed to the Member States), as the EU’s harmonisation in this field in practice is limited only.
The Tree-lined Road to EU Accession – The Approximation of Environmental Law in Lithuania
Authors: MacDonald Karen E.
Published: April 2022

In March 1998 the European Union (EU) formally launched a negotiation process by which to further enlarge the EU, having, in the preceding years, invited several former Soviet-influenced countries from Central and Eastern Europe (CEE), along with Cyprus, Malta and Turkey, to participate in accession to the EU if they so wished. This article is concerned with Lithuania’s accession to the EU, the process of approximating EU environmental law and the legislative intricacies involved therein. The paper critiques the process of enlargement of the European Union from a largely pragmatic legal perspective through a legal case-study examination of Lithuania’s efforts in approximating the environmental acquis into national law. Lithuania was an accession state from Central Europe and acceded to the EU on May 1st 2004. This paper provides insight into and guidance upon the process of the approximation of environmental law as it may relate, or has related, to other accession countries. It highlights the practical steps and the route of accession to the EU along with the legal requirements contained therein.
Environmental Reinforcement in European Water Law: Reflections on its Significance in Spain
Authors: Álvarez Carreño Santiago M.
Published: April 2022

This article examines whether the partial abolition of the National Hydrological Plan of 2001 and abandonment of an interbasin transfer from the River Ebro to the southeast of the Spanish Peninsula in favour of protection and conservation of water and associated ecosystems according to the demands of European Community Water Directives require a legislative change. Following an introduction (including the juridical status of water policies) the author takes a quick glance at the evolution of Spanish water legislation before describing major breaches and some pending cases. He then outlines necessary reforms and some specific proposals before providing a conclusion encompassing the need for useful tools on water policy.
Contaminated Land: The Impact of Two UK Landmark Cases
Authors: Crowhurst Georgina , Crowhurst Georgina
Published: April 2022

his article analyses two landmark cases involving contaminated land in the UK. As the UK’s contaminated land regime is relatively new there has only been two appeal cases to date. This article considers how these two cases impact on the interpretation and application of liability-determining provisions of the contaminated land regime. In addition, practical implications of these judgments are also discussed. Finally, we review how the cases can be reconciled and what this might mean for the regime’s future and effectiveness. The two recent High Court cases involving the contaminated land regime (Part IIA of the Environmental Protection Act 1990) are: (a) R (on the application of the National Grid Gas plc) (formerly Transco Plc) v. Environment Agency (2006) (“the National Grid Gas case”); and (b) Circular Facilities (London) Ltd v. Sevenoaks District Council (2005) (the “Circular Facilities” case).
Reducing the Judicial Deficit in Multilevel Environmental Regulation: the Example of Plant Protection Products
Authors: Keessen Andrea
Published: April 2022

This article takes the regulation of plant protection products as an example in order to evaluate the impact of the Aarhus Convention in a multilevel regulatory context. The author first gives an overview of the decision-making procedures in this field and discusses two judgments by the European Courts (C-174/05 Stichting Zuid-Hollandse Milieufederatie v College voor de toelating van bestrijdingsmiddelen and Joined Cases T-236/04 and T-241/04, European Environmental Bureau, Stichting Natuur en Milieu v Commission) to demonstrate why the current judicial review procedure presents a judicial deficit. She then evaluates the reduction of the judicial deficit in this field by the implementation of the rules on judicial review of the Aarhus Convention into the European legal order.
Combating Climate Change and Securing Electricity Supply: The Role of Investment Protection
Authors: Boute Anatole
Published: April 2022

This article builds upon the idea that combating climate change and guaranteeing security of electricity supply can relate to each other in a mutually reinforcing way. It argues that investment protection law could contribute to the realisation of this potential synergy. Therefore, strong but appropriate investment protection clauses should be integrated in the relevant climate regulations at international, European and national levels. In the absence of such regulatory intervention, some reflections are presented on the interpretation and application of the existing investment provisions. On the one hand, the legitimacy of constraining carbon policies is examined in light of expropriation claims of carbon-intensive investors. On the other hand, attention is paid to the acute debate on the stability of support schemes for alternative modes of electricity production.
Environmental Liability in a Federal System: A Law and Economics Analysis
Authors: De Smedt Kristel
Published: April 2022

Kristel De Smedt defended her PhD research on the harmonisation of environmental liability rules in a federal system at the Law Faculty of Maastricht University on 19 December 2007. The promotor of this research was Prof. dr. Michael Faure (Maastricht University). The article below summarises the main results of this research. The PhD research examines the harmonisation of environmental liability rules in a federal system from a law and economics perspective. Public interest and private interest theories are used to examine at which level environmental liability rules best can be decided in a federal system. Throughout the book, soil pollution is used as a case-study. The research was induced by the controversial harmonisation of environmental liability rules in the European Union by means of Directive 2004/35/CE on Environmental Liability with Regard to the Prevention and Remedying of Environmental Damage (ELD). The research tries to unravel the decision–making process behind the ELD, and the reasons and consequences of harmonisation. Kristel De Smedt examines whether the harmonisation of environmental liability rules in the European Union corresponds with the economic theory on federalism and, if not, how harmonisation of environmental liability rules in the European Union can be explained. She concludes that the shift of environmental liability rules to the European level was inefficient and does not correspond with the economic criteria for centralisation. Moreover, the content of the Directive itself shows inefficiencies. At the same time, the analysis makes clear that the existence and the content of the Environmental Liability Directive largely can be explained by private interest distortions.
Environmental Services, Permits and the “Bolkestein Directive”
Authors: Veranneman Barbara
Published: April 2022

On 12 December 2006, the Services Directive was adopted by the European Parliament and the Council. This Directive has to be implemented by all Member States by 28 December 2009. Although the Services Directive aims at creating a single services market, it also has an effect on environmental issues. This essay outlines the relevant provisions of the original proposal as well as the final version, focussing on their environmental impact. It describes the strong resistance which the original proposal provoked, leading to a largely adapted result. This essay will further relate the innovative Services Directive to the development of community law and European case law respectively, outlying the similarities and the tensions. It will also focus on the implementation handbook, which gives practical assistance to the Member States to transpose the Directive into domestic law. The analysis will conclude by stating whether or not the Services Directive maintains a good balance between complete market freedom and environmental protection.
Passive Access to Environmental Information in the EU – An Analysis of Recent Legal Developments
Authors: de Abreu Ferreira Sofia
Published: April 2022

This article seeks to provide an examination of the key provisions (subjective and objective scope; exceptions; procedure; practical arrangements) of the dual–track regime of access to environmental information at the EU level, as interpreted by the European Courts. This regime is the result of the combined application of Regulation 1367/ 2006 on the application of the Aarhus Convention to the EC and Regulation 1049/2001 on access to documents of the European Parliament, Council, and Commission. Also, some recent events that will likely change this quite novel dual–track regime on access to environmental information into a single access regime for all documents at the EU level will be taken into account throughout this analysis. The question underpinning this scrutiny is the following: is this combined legal framework appropriately construed and applied so as to guarantee a real and effective right of access to environmental information to the public?
Case C–439/06 – ECJ leaves limited scope for exemptions from third party access obligations for so–called operational networks
Authors: Tormans Stefan , Geldhof Wouter
Published: April 2022

This note examines the judgement of the European Court of Justice in the case C–439/06 of “Citiworks AG vs. Sächsisches Staatsministerium für Wirtschaft und Arbeit als Landesregulierungsbehörde’’ dated 22 May 2008 with regard to third party access. Reference will also be made to the main elements of the preceding opinion of Advocate General Mazak dated 13 December 2007
UK Climate Change Agreements: An Evaluation of Performance to Sate and Options for the Future
Authors: Davies Nia , Davies Nia
Published: April 2022

In the 1999 Budget the Chancellor of the Exchequer announced the introduction of an energy tax for non– domestic consumers — the Climate Change Levy (CCL). The Government claimed that the CCL would save 2 million tonnes carbon (MtC) per year by 2010. The impact of the CCL was higher than expected and is likely to lead to carbon reductions of 3.5 MtC per year. To “soften” the financial blow of the CCL, industrial sectors were presented with the opportunity to enter into voluntary agreements with the Government. In return for adhering to the Climate Change Agreements (CCAs), by reducing energy consumption and carbon emissions, companies receive an 80% rebate on the CCL. At the time of negotiation, it was believed the CCAs would deliver savings of 2.5 MtC in 2010. This figure has since decreased to 1.9 MtC in 2010. With five years remaining until the current Agreements expire, the Government has decided to extend the CCA programme until 2017. In this paper the authors analyse the performance to date of CCAs, based on empirical data from stakeholders, and present a series of recommendations in relation to the continuation of the Agreements beyond 2013.
Protection of the Environment Through Criminal Law:A Question of Competence Unabated?
Authors: Ryland Diane
Published: April 2022

The landmark judgment delivered by the Grand Chamber of the European Court of Justice in Case C–176/03 Commission v Council (Environmental Crimes) was significant both constitutionally and for the protection of the environment through criminal law. There was a conflict of competence between the European Community Treaty and the Third Pillar of the Treaty on European Union, namely Police and Cooperation in Criminal Matters. The case resulted in Community competence to require criminal measures for serious environmental offences where necessary for the effective enforcement of environmental rules.

Eleven intervening Member States supported the Council’s choice of the Third Pillar as the legal basis for a Framework Decision, showing the strength of resilience against resort to the Community method with its institutional powers of enforcement; preliminary ruling and codecision.

This work examines the impact of the Court’s ruling in Environmental Crimes. Case C–440/05 Commission v Council (Ship Source Pollution) will also be evaluated to see whether legal certainty emerges as to the scope and extent of criminal law competence under the Treaties establishing the European Community and Union.

The current legal regime will be treated as will that, potentially under the Treaty of Lisbon.
Biochar and Waste Law: A Comparative Analysis
Authors: Van den bergh Caroline
Published: April 2022

The UNCCD – a sister convention to the UNFCCC – submitted a proposal during the Climate Change Conference in Poznan in December 2008 to get biochar recognized as a climate change mitigation strategy for the post 2012 treaty to be negotiated in Copenhagen in December 2009. Biochar is a stable carbon-rich material which can store carbon for thousand of years in soils while increasing crop productivity. The IEA explicitly names biochar in its World Energy Outlook 2008 as a viable carbon-negative technology. This article gives an insight into this new climate change mitigation strategy and comparatively analyses whether biochar is waste in the EU and the US and whether the pyrolysis treatment, transportation and storage of biochar may be exempted from the significant ‘regulatory burden’ pending on the classification of waste.
Sustainable Banking: The Commercial and Legal Impacts of Private Self-Regulatory Initiatives
Authors: Yeoh Peter
Published: April 2022

Summary: This article identifies the two dimensions of sustainable banking, namely the financial and environmental aspects. Due to the extensive coverage of the former dimension in the context of the current global financial crisis, this article focuses on the latter aspect in the context of the Equator Principles. The discussion revisits the rationale for the emergence of these principles as a global private initiative to address the concerns of environmental degradation. It also touches on its commercial impacts and wider legal implications.
The Swedish Electricity Certificates Act and its compatibility with the European Convention on Human Rights
Authors: Rosenberg Jennifer , Inwinkl Petra
Published: April 2022

The Swedish government encourages the development of electricity produced from renewable sources using an electricity certificates system. The system is regulated in the Swedish Electricity Certificates Act (lag (2003:113) om elcertifikat). The regulation imposes a penalty fee on producers for those that have received certificates grounded on incorrect or misleading information. Once the penalty fee has been charged, the legislation does not allow any adjustments, even in the case of an unjustified penalty. This article addresses the question whether this scheme is compatible with art. 6 of the European Convention on Human Rights (the Convention). It is concluded that the penalty fee how it is regulated in the Electricity Certificates Act is not in conformity with the Convention and therefore does not comply with EU law. Regulatory changes are needed in the sense that the Electricity Certificates Act has to take into account any reasons for reducing a penalty fee.
The BP Oil Spill  Environmental Pollution Liability and Other Legal Ramifications
Authors: Noussia Kyriaki
Published: April 2022

The financial impact of the April 20th, 2010 explosion and sinking of the "Deepwater Horizon'' in the Gulf of Mexico is estimated to overall eclipse the financial impact of the Exxon Valdez oil spill in 1989. In spite of having managed to contain the "Deepwater Horizon" oil spill nevertheless, the environmental liability and other legal ramifications of the disaster continue to loom large. We examine the legal consequences that the environmental pollution owed to the explosion and sinking of the "Deepwater Horizon" bears and, in doing so, also draw conclusions and lessons to be learned.
Comparing European Instruments for Marine Nature Conservation: The OSPAR Convention, the Bern Convention, the Birds and Habitats Directives, and the Added Value of the Marine Strategy Framework Direct
Authors: Trouwborst Arie , Dotinga Harm M.
Published: April 2022

This article performs a comparative analysis of five major legal instruments for (marine) nature conservation in Europe, namely the 1979 Bern Convention on the Conservation of European Wildlife and Natural Habitats, the 1979 EU Wild Birds Directive, the 1992 EU Habitats Directive, the 1992 OSPAR Convention for the Protection of the Marine Environment of the North-East Atlantic, and the 2008 EU Marine Strategy Framework Directive (MSFD). Through this analysis, an answer is provided to the question what the recently added MSFD contributes to the pre-existing legal framework in the field of marine nature conservation. To provide the necessary focus, the analysis is carried out from the perspective of one marine subregion, the North Sea, although many elements of it are ostensibly of wider relevance. The article systematically explores the potential added value of the MSFD with regard to marine protected areas (MPAs) and other types of nature conservation measures. It concludes that the MSFD apparently contributes both substance and legal teeth to the legal framework for the protection, management and restoration of marine species, habitats and ecosystems in Europe.
Regulating Nanomaterials. Bottlenecks and Perspectives in EU Legislation on Chemicals and Products
Authors: Vogelezang-Stoute Elizabeth
Published: April 2022

This article examines some of the challenges that nanomaterials involve for the EU legislator, due to the specific features of these materials and their uncertain risks for human health and the environment. A focal point are the reporting and information requirements for the marketing of nanomaterials. These requirements often appear to be lacking.
Mind that Gap: International Climate Law, Health Protection and the United Kingdom's Climate Legislation
Authors: Onzivu William
Published: April 2022

This article argues that the protection of human health, a key objective of the UN Framework Convention on Climate Change and Kyoto Protocol law, is not optimized in UK climate change regulation and governance. This lack of robustness in UK domestic climate law on health is mirrored by the marginalization of health in the implementation and progressive development of global climate law. The article also argues that, UK public health law is ill equipped to tackle the health threats of climate change. It proposes a holistic reform of both domestic climate change and public health legislation within a framework of adaptive governance and sectoral integration. This provides opportunities to advance both public and climate health within the domestic climate change legal regime.
The Compatibility of the Habitats Directive with the Novel EU Green Infrastructure Policy
Authors: Kistenkas Frederik H. , Borgström Suvi
Published: April 2022

Green Infrastructure is a novel EU policy response to the continuous degradation of natural capital. The central idea behind this initiative is the recognition of environment as an infrastructure resource capable of delivering a wide range of ecosystem services. With its GI strategy, the European Commission aims to provide a framework for integrating GI into sectoral policies including nature conservation. According to the Commission, at this point GI can be implemented within the context of existing legislation. In this article we will focus on assessing the cornerstone of EU nature conservation legislation, the Habitats Directive, through the lens of GI. The analysis revealed that the Directive has several weaknesses from the perspective of GI and thus re-consideration of some provisions or revision of the Directive may be needed in order to support the EU GI initiative.
Does the EU Meet its Policy Objective of "Promoting Sustainable Use of Arctic Resources''? An Analysis from the Viewpoint of Arctic Energy Resources
Authors: Neumann Antje
Published: April 2022

The EU started to develop its own Arctic policy in 2008. One of the three main objectives of this policy is the promotion of sustainable use of Arctic resources. ``Sustainability'' was also a focus of the 2011 resolution of the European Parliament as a guiding principle in developing European policies toward the Arctic. Against this background, this article investigates the question of whether the EU meets its respective objective - sustainability - in regard to the development of Arctic hydrocarbon resources. The article contrasts the development of the EU's overall policy toward Arctic mineral resources with specific EU measures and examines the EU's capacity to influence sustainable Arctic hydrocarbon resource development. The article also elaborates on specific questions related to the EU's energy policy and the development of Arctic hydrocarbon resources in recent years as well as on the EU's dependency on oil and gas imports and respective tendencies to conclude on the aforementioned questions.
Implementing an Effective Renewable Energy Policy in the United States: Can Feed-In Tariff Policies Be Successful for Advancing Renewable Energy Development?
Authors: Thibault Johanna
Published: April 2022

This article explores the nuances of Feed-in Tariff policies as they are used to accelerate the development of renewable energy sources. Specifically, this article considers whether the United States (US) could successfully implement Feed-in Tariffs to advance renewable energy resource development. Although both popular and successfully used worldwide for this purpose, the US has been slow to adopt such policies. The success of a Feed-in Tariff program is dependent on the goals set forth by each jurisdiction; however, the two most important factors are setting the tariff at a premium rate, and keeping the design and implementation of the tariff administratively simple. Both of these factors are critical to encourage investors in renewable energy, and they are missing from most Feed-in Tariffs adopted in US state and local jurisdictions due primarily to the complex regulatory structure in the US energy market. The legal hurdles the US faces to adopt Feed-in Tariffs are explored using a comparative analysis with Germany, which was the first country to successfully implement Feed-in Tariff policies that have now been imitated worldwide. This article also reviews other policy approaches utilized in the US to achieve renewable energy goals including net-metering and Renewable Portfolio Standards (RPSs). The key objective of this article is to support the conclusion that, although popular, the US might not have a suitable legal regime or energy market structure for Feed-in Tariff policies to be an effective strategy for acceleration of renewable energy development.
Achieving the EU Air Policy Objectives in Due Time: A Reality or a Hoax?
Authors: Varvaštian Samvel
Published: April 2022

The identification of air pollution as a global problem contributing to health disorders and damage to the environment sparked the development of national legislation as well as international cooperation initiatives to improve air quality. As a result, the introduction of new and tighter air quality standards, national emission ceilings and more environmentally- friendly technologies led to significant progress in reducing the levels of different pollutants in the ambient air. However, notwithstanding the achieved success, the overall damage dealt by air pollution remains high, while further attempts to tackle it are losing their momentum. With no perceptible finish line, the situation could last for decades, claiming hundreds of thousands of lives and billions of Euros outlays annually, thus compromising the very foundation of air policy. The article addresses this problem from the EU perspective.
EU's Procedure for Concluding International Environmental Treaties
Authors: Gotsova Boryana
Published: April 2022

Abstract: An essential component of the European Union's environmental policy is its participation in international legally binding instruments. Owing to the shared nature of its competence, the Union is most commonly a party to multilateral treaties alongside the Member States. This arrangement, however, is not without its inherent difficulties. The article examines the key stages of the procedure, as laid down in the Treaties and demonstrated by practice: the Commission recommendation to open negotiations, the Council authorization, the negotiating process, and the signing and conclusion of the agreement. The study reveals that the procedure is fraught with tension on two levels. First, each of the EU institutions involved strives to maximize its influence on the final outcome. The European Parliament warrants special attention due to its newly expanded powers. Second, the Member States are unwilling to take the back seat, especially in the sphere of climate talks. As a result, the Union still has recourse to pre-Lisbon practices and is yet to resolve its internal coordination issues in order to achieve its ambition of global leadership in environmental matters.
Recycling and Utilisation of Carbon Dioxide in the European Union's Directives
Authors: Erkman Suren , Piguet Frédéric-Paul , Meylan Frédéric , Largey Thierry
Published: April 2022

In September 2015, the European Parliament and the Council adopted a new directive (2015/1513) that amended two existing directives in order to bolster the production of advanced fuels, biofuels, and ``CO2-fuels'' in the transport sector. The combination of carbon dioxide and hydrogen (obtained by means of electrolysis with surpluses of renewable electricity) produces synthetic and renewable fuels that can easily be stored and transported in existing infrastructures. It is also possible to use CO2-enriched microalgae as a feedstock for biofuel. To the extent these advanced fuels can be substituted for fossil energy, they could be helpful in the context of climate mitigation and energy transition, provided the regulatory framework is geared towards such an ambitious purpose.

Our comments address the relevance of legislative activity around such a strategy, mainly what kind of legal provisions are already taking shape at the European Union level. We discuss the ability of European directives to manage CO2-fuels and biofuels made from microalgae with CO2 enrichment. This subject is new, and the literature on related legal provisions is rare, thus the need to establish a reader's guide to the existing regulatory framework.
EU Cross-Border Energy Investments in an International Legal Context: In Between the Commodity Transportation, Transmission Infrastructure and Competitive Exemption Policy
Authors: Porins Kristians
Published: April 2022

The article argues that rules related to infrastructure exemption policy and rules on competition prescribed in the primary legislation share similar characteristics, but both are, nevertheless, applied in different scenarios. It is arguable that the Commission acts ultra vires in both legal frameworks. Although, the CJEU also has an opportunity to decide upon the application of refusal to deal and the respective essential facilities doctrine, it has, nonetheless, not chosen to follow the path of the Commission. Overall, the article encourages penetration of Art. 102(b) TFEU into the sectorial legislation, which then would be a suitable mix of two legal disciplines. Such a mixed legal instrument then would qualify as a solution for boosting up innovation. On the other hand, perhaps the remedy then should be rather sought in the realm of competences and the respective international agreements.

While the EU internal natural gas market is subject to the liberalization processes, investing entities might be ``locked-up'' concerning their decisional abilities as legislation overly tries to ensure an equal level playing field for every investor. Therefore, one of the possibilities is to challenge the troublesome EU law measure under the WTO. Entities transporting the commodity hold the highest share of incentives to expand, develop and operate on the market. It has to be understood that the Union itself cannot construct the necessary infrastructure in order to satisfy the ever- growing consumer demand for natural gas. Article emphasizes that the EU energy acquis should not extend outside the internal market otherwise acquis would fail.
Ability of EU Legislation to Deter: the Volkswagen Case
Authors: Geebelen Brecht
Published: April 2022

After the discovery of the fraud committed by Volkswagen to circumvent emission control tests, it became clear that the current EU legal framework on type approval and emission standards for cars shows structural weaknesses. The Member States are primarily responsible for implementing and enforcing the legislation, but often fail to do this. Consequently, the Commission has started infringement procedures against several Member States. Nevertheless, there is no doubt that the current legal framework has to be updated.

In a first part, the current legislation is examined. However, not only the EU legislation on type approval and emission standards is considered, but as well other legislation that can have a deterrent effect for the carmaker. Besides, public law actions and private law claims can also incentivize the car manufacturer to honour the emission standards, and complement the type approval legislation. Still, strengthening the current environmental legislation is necessary to overcome the present problems, such as the quality and independence of testing, the effectiveness of the market surveillance system and the European oversight in the type-approval process. The Commission proposed to replace the current framework with a new Regulation. In a second part, this proposal is dealt with. The Parliament and the Council already expressed their position at first reading.
Arbitration in the EU Energy Sector: Recent Developments and Case Law
Authors: Callaerts Raf , Vandorpe Wouter , Haverbeke David
Published: April 2022

This contribution focuses on arbitration in the European energy sector and sheds a light on some recent developments and cases. The contribution observes that under the current and evolving EU regulatory framework governing the energy sector different forms of dispute settlement are possible, with specific bodies for dispute settlement being developed in the Member States and certain competences for dispute settlement being allocated to the National Regulatory Authorities.

With the focus being on arbitration, this contribution furthermore recognizes the importance of commercial arbitration or Investor State Dispute Settlement (ISDS) in the investments made in the energy sector and recognizes that classical discussions, such as on the balance between investor protection and the Member State's right to regulate are currently crucial: firstly because more and more dispute settlement cases are arising in relation to changes to regulatory frameworks such as support schemes that were designed to attract private investments in the first place, and secondly because many of these disputes in the energy sector occur in an intra-EU setting, in which the EU Commission is increasingly scrutinizing the dispute settlement possibilities.

In light of various ongoing developments, the contribution provides some observations in two recent arbitral awards Charanne and Eiser Infrastructure and into a case in front of the European Court of Justice Gazprom OAO v. Lietuvos on the jurisdiction and the recognition and enforcement of arbitration clauses and awards in the EU.
Still Searching for a Reliable Script: Access to Scientific Knowledge in Environmental Litigation in Italy
Authors: Caranta Roberto
Published: April 2022

During the past 20 years, the rules on evidence and the approach to access to scientific knowledge by administrative courts have evolved towards a some- what closer look to the factual findings upon which administrative decisions are based. The practice of judicial review, including in environmental matters, however, is often rather deferent to the findings of the public decision makers. In practice, judicial review in environmental cases is therefore still very much focused on the reasons given, looking at their logical consistency more than at their soundness, and even less so at the soundness of the decision taken (unless of course the decision plainly conforms to or instead flies in the face of common sense). It is submitted that the more hands-off judgments are hard to reconcile with the requirement of "substantive legality" review predicated in Article 9 of the Aarhus Convention.
The Proposed Global Pact for the Environment and European Law
Authors: Thieffry Patrick
Published: April 2022

The European Commission recently recommended the Council to authorize it to negotiate, on behalf of the Union, a Global Pact for the Environment pursuant to a Resolution of the UN General Assembly. The Preliminary Draft of such a Global pact for the Environment that was prepared by an unofficial Group of Experts is a starting point to assess the impacts such a project could have for European Environmental Law. Such impacts could be significant with respect to some of the standards proposed, such as the right to an ecologically sound environment, the duty to take care of the environment, the principle of resilience or the principle of non-regression. They could be very tangible, even with respect to the principles currently recognized by EU law, as to implementation, enforce- ment and efficiency of environmental law. This paper will consider how the Preliminary Draft can be used as a starting point for assessing the Draft's impacts upon European environmental law.
Access of an Environmental Organisation to Court in Light of the EU Standard Set by the Principle of Effective Legal (Judicial) Protection
Authors: Iwanska Barbara , Baran Mariusz
Published: April 2022

This article was prepared as part of a research project carried out under a contract concluded with the National Science Centre the aim of which was to determine the role of tribunals and courts in carrying out one of the primary tasks of the contemporary state ± the protection of the environment. This article develops the results of the project and research in this matter. The aim of the study is to present the role of the CJEU in the harmonisation of the position of an environmental organisation in environmental matters - in particular, as regards its access to court, in light of the EU standard set by the principle of effective legal (judicial) protection. The article focuses on the contemporary role of the CJEU in promoting access to justice in environmental matters at the national level. The study analyses the three last important judgments of the CJEU (Case C-240/09, Lesoochranárske  zoskupenie VLK; Case C-243/15, Lesoochranárske  zoskupenie VLK and Case C-664/15, Protect), in which the Court strengthened the rights of environmental organisations - importantly, as regards access to court, too - as sui generis representatives of the protection of the environment as a common good.
The ‘Trias’: A New Methodology for Energy Law
Authors: Fleming Ruven
Published: April 2022

The article proposes a new methodology for energy regulation, the so called ‘Trias’ (hereinafter: trias). The trias consists of objectives principles and rules, which guide the legislator when regulating new energy technologies. It is argued that the discretion of the legislator in this field is actually more restricted than realized previously. This article uses the regulation of shale gas extraction as a case study to demonstrate the functioning of the trias and concludes that the methodology could be used for the regulation of other new energy technologies in the energy transition.
Environmental Protection and the Bilateral Investment Treaties of Malaysia and Netherlands: A Comparison
Authors: Hossain Mohammad Belayet , Yeon Asmah Laili Bt , Aziz Bin Ahmad Shamsul Abd
Published: April 2022

In absence of any global treaty, the bilateral investment treaties are playing an important role of regulating foreign investments in the host countries. According to the United Nations Conference on Trade and Development, there are 2361 bilateral investment treaties are in force and like other members of the World Trade Organization, Malaysia and Netherlands also signed bilateral investment treaties to facilitate trade. The primary purpose of economic globalization is the economic development of the developing and least-developed countries as well as to facilitate benefits of the home states. Malaysia foreign investment laws and bilateral investment treaties mainly protects foreign investors, however, neither of them has any specific provision of protecting environment. The Environmental Quality Act 1974 standard in Malaysia is not high like many developed countries such as Netherlands and significantly lack any provision to sustainable development. This article addresses two questions: (a) do the bilateral investment treaties of Malaysia and Netherlands has any specific provision to protect the environment? (b) should the environmental protection be considered during the entry of foreign investment in Malaysia and Netherlands? Using doctrinal research method, we critically analysed twenty-one bilateral investment treaties signed by both Malaysia and Netherlands with same countries to explore whether there is any reference of protecting environment. We find that the existing Malaysia and Netherlands bilateral investment treaties have provisions to promote and protect foreign investments but have no reference (except Netherlands-United Arab Emirates BIT) of protecting environment. Therefore, both governments should consider this important factor while signing any future bilateral investment treaties.
The Energiewende as a Public Value Challenge for German DSOs
Authors: Edens Marga G. , Lavrijssen Saskia A.C.M.
Published: April 2022

As the implementation of the Energiewende in Germany is making itself increasingly felt in the distribution networks, this article explores how the growing amount of distributed renewable energy impacts the Distribution System Operator (DSO) and its responsibility for public values, such as the availability, affordability, and environmental sustainability of the electricity infrastructure. Although the German government’s aim is twofold, promote the energy transition and at the same time maintain a balance between the energy-related public values, it turns out that current legislation limits the realization of environmental sustainability as a public value, particularly where the Energiewende is taking place: at the distribution level.

This article studies the interaction between the law and its regulation of technology, the technological advances driving the energy transition, and the safeguarding of public values. More room for environmental sustainability as a public value would help German DSOs play their pivotal role in the Energiewende. Interviews and an online survey with energy sector representatives demonstrate that DSOs need more legal leeway, enabling them to give more consideration to environmental sustainability and make public value trade-offs that should be based on clear criteria laid down by law and decree-law and decided upon in a transparent process.
Improving Environmental Legislation in Central Asia: Current Trends and Features of Cooperation with the European Union
Authors: Pobedinsky Vyacheslav , Yerezhepkyzy Roza , Shestak Viktor
Published: April 2022

The article describes the results of a study of environmental problems that intensely limit socioeconomic development in Central Asia. The authors analyse the current environmental problems as follows. The loss of biodiversity and the complexity of the network of protected natural areas. Insufficient level of municipal solid waste processing, energy efficiency problems, in particular, the deterioration of the energy system. There are as well the imbalance between hydropower, irrigated agriculture and the environment, problems of the Aral Sea. The article proposes solution methods, including amendments to the legislation, i.e. the adoption of managerial decisions, as well as strengthening judicial control over compliance with the law. Gaps in the legislative regulation of environmental safety are examined. Along with policies at the national, regional and international levels. As well as future trends in the distribution of global resources that will be effective in protecting the environment, including the activities of The Regional Environmental Centre for Central Asia (hereinafter – CAREC). The article analyses the basic environmental rights of citizens as well as cases and consequences of violation of such rights.