bluuebunny/crossref_metadata_2025 huggingface dataset:
R2P or Not R2P? More Statebuilding, Less Responsibility
Authors: Chandler David
Published: July 2010

This article is part of a forum on the report of the United Nations Secretary-General, 'Implementing the Responsibility to Protect', which was released on 12 January 2009. The report was written as a response to 'one of the cardinal challenges of our time, as posed in paragraphs 138 and 139 of the 2005 World Summit Outcome: operationalizing the responsibility to protect'. The forum seeks to provide a range of perspectives on the report. It features contributions from Jennifer Welsh, Hugo Slim, David Chandler and Monica Serrano, and it concludes with a response from Special Advisor to the Secretary-General Edward Luck.
A Response
Authors: Luck Edward
Published: July 2010

This article is part of a forum on the report of the United Nations Secretary-General, 'Implementing the Responsibility to Protect', which was released on 12 January 2009. The report was written as a response to 'one of the cardinal challenges of our time, as posed in paragraphs 138 and 139 of the 2005 World Summit Outcome: operationalizing the responsibility to protect'. The forum seeks to provide a range of perspectives on the report. It features contributions from Jennifer Welsh, Hugo Slim, David Chandler and Monica Serrano, and it concludes with a response from Special Advisor to the Secretary-General Edward Luck.
REACH, a New Approach to Chemicals Regulation in Europe: a Brief History, Key Features, and Expected Outcomes
Authors: Warhurst A. Michael
Published: July 2010

The European Union has been regulating aspects of the production and use of chemicals since the late 196os. In the late 199os it was realised that this network of regulations had not resulted in the provision of adequate safety information on the chemicals used everyday in the EU, and also it did not function efficiently, for example in controlling uses of problematic substances. A review was launched, which led to the creation of the REACH - Regulation, Evaluation and Authorisation of Chemicals"- a new integrated approach to chemical regulation in Europe. The REACH proposal obliges chemical producers to provide safety data on the substances they sell, and makes a number of other changes to chemicals management, including the creation of a new authorisation system for dealing with chemicals with properties of very high concern. The REACH proposal is now being finalised in the co-decision process, and it is currently estimated that it will enter into force in 2007.
Forming Consortia for REACH Registration: Contractual and Competition Law Issues
Authors: Rosenfeld Andreas , Scheidmann Hartmut
Published: July 2010

In order to reduce costs for industry and authorities, the Commission's proposal for a REACH Regulation of 29 October 2003 strongly supports the forming of consortia for the registration of about 30,000 substances subject to registration requirements. This article examines contractual issues to be observed when forming and operating consortia based on the REACH Proposal. Many of those issues risk provoking conflicts with European competition law which prohibits agreements between competitors objecting to or effecting the prevention, restriction or distortion of competition within the common market. The article examines these competition law issues and demonstrates that, given the potentially great number of consortia, there is a need for guidance in the form of a notice of the Commission in order to reduce the risk of an infringement of competition law.
REACH Meets Business: Lessons Learned in REACH Impact Assessments
Authors: Jostmann Thomas , Kistenbruegger Lothar
Published: July 2010

Impact assessments and strategic partnerships for testing a legislative proposal under real life conditions are very important elements in the legislative process to support the initiative of the European institutions for "better law making". Identifying the mechanisms and the impact of a new legislative act on those parties directly affected by it should not only be used as facile justification "ex post" but as a tool to check the workability and effectiveness of the proposed legal text. Timing and composition of the working group managing the project are crucial success factors to achieve better understanding of the applicability and the potential effects on social, ecological and economical aspects. A firm commitment of all involved parties is essential to avoid seriously conflictive discussions and controversial communication to the public which basically undermines the good work commenced on common ground. However, transparency in the entire process does not guarantee a common interpretation of the final results.
The Organisation of Waste Management in the European Union Member States
Authors: Bree Axel
Published: July 2010

The organisation of waste management raises an important question: Who has access to waste - the public waste management services or private waste management companies ? The answer has important economic consequences, since waste management is a significant market. At the same time, environmental concerns have to be observed. The framework legislation of the European Community leaves the organisational structure of waste management to the national legislation of the Member States. However, under Community legislation waste is subject to the principle of the free movement of goods, which may be restricted on environmental grounds. Furthermore EU law draws a distinction between waste for disposal, for which shipment can be restricted more easily, and waste for recovery, which is subject to less stringent control procedures. Given the broad European framework, this article explores the national legislation in most EU countries. It aims to analyse the approach taken by the national legislators to find a way between public service and private autonomy. In conclusion, it seems clear that in the countries examined an important distinction is made between household and industrial waste. Only Germany has adopted the European distinction between waste for recovery and waste for disposal as a major criterion for the allocation of the waste streams between public and private entities, whereas in the other Member States this criterion only plays an insignificant, if any, role at all.
The Current State of Waste Management in Denmark and Related Legal Issues
Authors: Eskesen Lotte
Published: July 2010

Over the last decade, waste management in Denmark has gradually become more influenced by EU legislation. Historically, the responsibility for the collection, management and disposal of waste lies with the local municipalities. The disposal of waste is regarded as a public task and Danish citizens, householders and business undertakings are obliged to deliver their waste to those recipients designated by the municipalities1.
A Qualitative Evaluation of Current Transposition and Implementation Practice of the SEA Directive in EU Member States
Authors: Zagorianakos Efthymis
Published: July 2010

Before 21 July 2004, the Member States of the European Union (EU) were obliged to specify the type of plans and programmes that according to the provisions of the Council Directive on the Assessment of the Effects of Certain Plans and Programmes on the Environment (or SEA Directive) had to undertake a systematic assessment of their effects on the environment. The uniformity of assessment procedures is a target that might be proved difficult to be attained by Member States with different planning procedures, cultures and environmental assessment traditions. The text that follows detects the transposition difficulties and opportunities by evaluating current SEA practice throughout the EU. The purpose is to provide an updated picture and suggest a generic guide for future initiatives aiming at successful implementation outcomes. This is especially relevant and hopefully helpful in view of the forthcoming Commission's first report on the application of the SEA Directive expected before 21 July 2006.
Overview of the Development of EU Soil Policy: towards a EU Thematic Strategy for Soil I Protection
Authors: Olazábal Claudia
Published: July 2010

The European Commission is at the last stages of preparing a strategy to ensure that Europe's soils remain healthy and capable of supporting human activities and ecosystems. Soil is essential to our economic activities as it provides us with food, drinking water, biomass and raw materials - and all our human activities are somehow related to soil. But soil degradation is accelerating across the EU, with negative effects on human health, ecosystems and climate change - and on our economic prosperity and quality of life. To reverse this trend, the Commission's strategy will set a common EU framework for action to preserve, protect and restore soil, but leaving Member States flexibility to implement it in a way which fits local situations best. The Thematic Strategy on soil protection will comprise a Communication and a legislative proposal which might require Member States to tackle threats such as landslides, contamination, erosion, organic matter decline, compaction, salinisation and sealing wherever they occur, or threaten to occur, on their national territories. The Soils Strategy is number six of seven Thematic Strategies that the Commission is presenting, in accordance with the 6th Environmental Action Programme.
Soil Protection in French Environmental Law
Authors: Bourgoin Frédéric
Published: July 2010

In France the absence of a comprehensive soil protection system was in part compensated by public policies issued by the Ministry for Environment and environmental authorities. The effect of these policies was to establish pollution prevention and monitoring criteria as well as public registers for (potentially) polluted industrial sites. The industrial regime (Installations Classées pour la Protection de l'Environment, 'ICPE') has been a key instrument in the development of soil protection, not only in the context of prevention but also in terms of liability for soil contamination which, in the absence of specific legislation, has relied on other liability regimes. The last fifteen years has also seen a rash of often contradictory case law, in particular concerning the definitions of liable persons and remediation levels. However, these definitions, in particular concerning liable persons, appear to have been settled by recent case law.
Soil Protection Law in Ireland
Authors: McIntyre Owen
Published: July 2010

In the absence of Community rules relating to soil contamination and protection, the Irish authorities have neglected to legislate for this issue. While a few common law tortious grounds of action and certain statutory regimes may be applicable to particular cases of soil contamination, their application is arbitrary and piecemeal, depending, for example, on the type of operation originally causing the contamination, on the extent of understanding of the problem at that time, on the nature of its related adverse effects, or on plans for the future use or development of the contaminated site. One particular lacuna in the coverage of the relevant Irish law relates to the problem of historical soil contamination, for which the Irish authorities have felt unable to legislate on account of a constitutional prohibition on retrospective liability. This paper seeks to set out the possible application of existing Irish rules to the problem of historical soil contamination and to highlight the shortcomings inherent therein. It also outlines the non-legislative solutions employed by Irish lawyers in the face of such legal uncertainty. It then goes on to examine the likely impacts of recent key developments, including the 2004 decision of the European Court of Justice in the Van de Walle case and the entry into force of the 2004 Environmental Liability Directive.
A Slow Train Coming? Soil Protection Law and Policy in the UK
Authors: Bell Stuart
Published: July 2010

Soil is the Cinderella of environmental media. The Royal Commission on Environmental Pollution has suggested that soil protection has been taken for granted by policy and law makers and that soil quality has not been given the same priority as air or water quality. After many years of neglect, we have arrived at something of a crossroads in terms of soil protection policy. Various policy documents have emerged which seek to place soil protection on a higher level of importance. The simple aim of this article is to locate the UK's position on soil protection in the context of the wider framework which is emerging at a European level. The article concludes that whilst there has been a recognition for some years that an integrated soil protection policy is needed in the UK, the progress towards producing such a policy has been painfully slow, fragmented and unproductive partly as a result of a lack of basic information on soil and the incoherent nature of the administration of soil protection.
Soil Protection Law and Reclaiming Soil Decontamination Costs in the Netherlands
Authors: Mellenbergh Rik
Published: July 2010

Dutch legislation with respect to soil protection and soil decontamination changed recently. Under the new legislation, the duty to decontaminate historical contamination of industrial sites in the Netherlands will rest on the owner or long-lessee of the industrial site, regardless whether the owner or long-lessee is the polluter. Besides, the new legislation focuses on a functional soil reclamation approach, instead of a multifunctional approach. In this article, a general overview of Dutch soil protection and liability law is given. Moreover, some (recent) European developments regarding soil protection and their possible effect on current Dutch soil protection legislation are discussed.
German Soil Protection Law
Authors: Kohls Malte
Published: July 2010

A uniform federal soil protection act has not been adopted until 1998.1 The Act primarily focuses on the clean-up of inherited pollution and contains only few preventive regulations concerning soil protection. Preventive instruments are predominantly integral parts of other laws. This article gives a review of the structure of the soil protection law in Germany and introduces the core regulations of the Federal Soil Protection Act. Furthermore, the article discusses the issue of liability for inherited pollution according to German civil law.
Superfund and Brownfields: Evol ution of Federal Cleanup Law i n the US
Authors: MacCourt Douglas C.
Published: July 2010

The Comprehensive Environmental, Response, Compensation and Liability Act of 1980, also known as CERCLA or 'Superfund' was enacted by the US Congress in 1980 in response to public concern over the effect of abandoned hazardous waste sites. Perhaps most well known as the US Environmental Protection Agency's primary authority for responding to contaminated properties, CERCLA created one of the broadest liability schemes in the history of US civil law. Following the federal government's lead, most of the 50 US states enacted their own cleanup laws in the 1980's. The states then took the lead in amending those laws in the 1990's in response to the brownfields redevelopment movement. Both CERCLA and the state laws patterned after CERCLA focus on liability for owners, operators and others associated with contaminated sites, the process for investigating and cleaning up those sites, and the contribution or recovery of cleanup costs from liable parties. This article briefly summarizes the basic function of CERCLA and how the 2002 Brownfields Amendments to CERCLA changed federal cleanup law in the US.
Trade and Environment: Looking beneath the Sands of Doha?
Authors: Halle Mark
Published: July 2010

This article offers a rapid history of environmental concern in the GATT and WTO systems. It focuses in particular on the environmental issues that are currently under negotiation in the Doha Round, and then reviews how key environmental issues are at play in other areas of negotiation. It looks also at the way in which environment has been taken into account in the regular work of the WTO, and especially by the Appellate Body. Finally, it suggests that recent political shifts in the WTO may provide greater scope for considering environmental perspectives in future.
The Role of Compliance in the Rule of Law, Good Governance, and Sustainable Development
Authors: Higdon Thomas , Zaelke Durwood
Published: July 2010

Links among compliance, rule of law, and good governance are essential and indivisible, although not sufficient alone to achieve sustainable development. Compliance with environmental and sustainable development requirements can be improved by understand ing and applying the two main theoretical approaches: logic of consequences, and logic of appropriateness. Compliance can be improved more by combining the two approaches. Further work to disaggregate both the State and the firm, and to understand the role of biases, heuristics, and framing in actor's compliance calculations, remains to be done and promises important insights. Environment policy is one of the success stories of the European Union - thanks to European Union legislation we have made significant improvements such as cleaner air and safer drinking water. But we still face some real problems.' Margot Wallstrbm, former EU Commissioner for the Environment
Commission Compliance Promotion and Enforcement in the Field of the Environment
Authors: Cashman Liam
Published: July 2010

The article looks at trends and directions since 1996 in Commission policy concerning the promotion and enforcement of European environmental legislation. It places these in their wider context and sets out some relevant statistics for the period 2000-2006. It refers to a 2002 Commission communication as setting out some of the organising principles for Commission enforcement work, offering several examples of how strategic in nature enforcement action has tended to become. It outlines salient features of policy on the use ofArticle 228 to enforce European Court of Justice judgments and touches on the relationship between complaint-handling and the pursuit of core implementation deficits, before presenting some general conclusions.
Taking Advantage of Flexibility in Implementing EU Environmental Law
Authors: Farmer Andrew , Kettunen Marianne , ten Brink Patrick
Published: July 2010

EU environmental law can allow flexibility in the way that it is implemented by the Member States. It can, for example, set an overall environmental objective for which Member States are free to adopt any instrument necessary to reach this target. As a result, Member States can adopt measures which vary in their efficiency (such as costs to businesses), which could reflect national legal constraints, pre-existing practices, etc. In order to assess which instruments to use, Member States should undertake some form of impact assessment, analysing the costs and benefits of different options. However, such analyses are not yet widespread and can be limited in the methods they use, such as in their involvement of stakeholders and use of costs and benefits analyses. In order for efficient and effective national legislative implementation it is, therefore, necessary for Member States to improve these analytical processes at different stages in the policy/legal cycle.
Satellites: A New Era for Envi ronmental Compliance?
Authors: Purdy Ray
Published: July 2010

Traditional national methods of ensuring compliance with the requirements of environmental regulation based on licencing and bureaucratic physical inspection regimes can be resource intensive and may be ill suited to contemporary challenges. Ensuring compliance with international environmental laws is equally a matter of increasing concern. In recent years there has been growing interest internationally as to whether satellite technologies could have the capabilities to provide new and valuable sources of environmental information to be used in compliance strategies. This paper explores the potential and significance of employing satellite monitoring data as a compliance tool in the context of important recent advancements in the technology. Whilst satellite technologies offer great promise for detecting and monitoring environmentally related activities, it is clear that they are not yet suitable for all types of compliance monitoring needs. The paper will draw upon some national and international experience to date, and assess both the constraints and the opportunities that may be provided by satellite technologies in addressing limitations in conventional environmental inspection and enforcement regimes.
REACH - an Update
Authors: Hansen Bjorn , Blainey Mark
Published: July 2010

After two and a half years of intense negotiation, a Common Position on REACH was finally adopted on 27 June 2006. There are numerous changes from the original Commission Proposal but by in large the general structure has been maintained, despite intensive lobbying from all sectors. The second reading in the Parliament began in September and all sides are stressing the need for a second reading deal, so REACH can enter into force in early 2007.
Revising the EU Air Quality Legislation: Experiences and Proposed Improvements
Authors: van den Hout Dick , Gasparinetti Marco
Published: July 2010

The Commission has issued in 2005 a proposal for replacing the current Framework Directive on air quality and its first three daughter directives by a single new directive on ambient air quality. The proposal responds to the high priority given by the Thematic Strategy on Air Pollution to regulating PM2.5 in order to reduce the severe health risks associated with this component of particulate matter. One of the proposed changes is the adoption of an exposure reduction target for PM2.5, a new type of standard which, combined with a binding concentration cap, aims at delivering more substantial benefits in terms of population exposure, compared to the traditional approach. The directive also addresses certain difficulties that Member States are experiencing in implementing the existing directives. This concerns in particular the questions of where limit values apply and how to deal with natural sources of particulate matter when establishing compliance with limit values and the introduction of the possibility for extending, under strict conditions, the time frame for meeting limit values. This paper summarises the main elements of the existing directives, experience of its implementation in Member States and proposed changes. At the time of writing the paper, the proposal was under negotiation in Council and Parliament.
Exceedance of Limit Values for Fine Dust Particles: Violation of Community Law before German Courts
Authors: Klinger Remo
Published: July 2010

Fine dust limit values are being exceeded in many German cities. For this reason citizens living on particularly polluted roads have been taking legal action to enforce the adoption of action plans and immediate measures to reduce road traffic. Most of the early decisions by the German Administrative Courts have dismissed any rights of citizens to enforce the adoption of action plans or independent measures. These decisions have not followed the requirements of Community law regarding access by individuals to the national courts as prescribed by the ECJ because they deprive claimants in Germany of locus standi, and thereby prevent individuals from enforcing the limit values for fine dust particles in Germany. If German citizens are not allowed the right to claim legal protection, infringement proceedings against Germany are necessary. It is evident that sanctions pursuant to Article 11 of Directive 1999/30/EG do not exist in Germany. The analysis shows that there is an evident a conflict between EC law and German administrative law as applied by the German courts.
Tackling Aviation Emissions: the Challenges ahead
Authors: Barton Jane
Published: July 2010

Since the advent of civil aviation, air transport has experienced almost continuous growth. However the growth of the industry brings with it an increase in emissions which impact on the environment. In particular, aviation has an impact on climate change through emissions of carbon dioxide (CO2), nitrogen oxides (NOx), water vapour and sulphate and soot particles at altitude. In September 2005, the European Commission adopted a Communication setting out its proposed approach for reducing the climate change impact of aviation. As well as recognising the importance of continuing existing policy measures, the Communication proposed the inclusion of the aviation sector in the EU Emissions Trading Scheme. This proposed approach has been endorsed by Member States in the Council and the Commission is now preparing a proposal for legislation. This article explains the legislative context in which the proposal to include aviation in the EU ETS will be made and some of the policy and legal issues facing Community legislators in designing the scheme.
Access to EU Documents: An End at Last to the Authorship Rule?
Authors: von Unger Moritz
Published: July 2010

The key legal text governing public access to EU documents is Regulation 1049/2001. In contrast to the previous legal regime, the Regulation dismisses the so called authorship rule, which aligns it with recent developments in the field of the law of transparency and, notably, of international environmental law (Aarhus Convention). The European institutions are hence tasked with making all documents accessible to the public, which include both those originating with them and those from third parties. Yet unlike the Aarhus Convention, the Regulation has a blind spot, which leads to the important question of whether a Member State can simply order the institutions to withhold any of its documents whenever it chooses to do so. For the first time, the European Court of Justice is being asked to hand down a judgment on this question. The author suggests that the Court may wish to consider an interpretation of Regulation 1049/2001 that adjusts it further to the international standard as set by the Aarhus Convention.
The Role of Risk Assessment in Precautionary Intervention: A Comparison of Judicial Trends in the EC and WTO
Authors: Stokes Elen
Published: July 2010

This paper focuses on the meanings attached to the "precautionary principle" in judgments passed down by the World Trade Organisation (WTO) and the European Community (EC) courts. It speaks to claims that, in response to WTO litigation, the EC courts are beginning to construe the precautionary principle in a manner that more closely resembles obligations arising from the Agreement on Sanitary and Phytosanitary Measures (the SPS Agreement). It illustrates that although disparities between interpretations in EC and WTO case law of legitimate precautionary intervention are growing to be less obvious, inconsistencies continue to exist.
SPAs and SACs in Conversion Areas?
Authors: Appel Markus , von Daniels Gero
Published: July 2010

At times, European nature conservation efforts seem to create obstacles in their own path. One striking example for this is at present coming into focus in East Germany, where the huge crater-like holes remaining from the massive open cast lignite mining activities in the former GDR are to be recultivated and rehabilitated. However, birds have nonetheless already begun to settle and habitats have formed in some parts of the areas in question, so that the designation of the areas as 'Special Protection Areas' (SPAs) and 'Special Areas of Conservation' (SACs) within the meaning of the Birds and Habitats Directives seems indicated. On the other hand, it would be very difficult, if not impossible, to realise the intended recultivation and rehabilitation measures in SPAs or SACs. The same dilemma may be encountered in other regions of Europe, especially in Eastern Europe, where former mining, industrial or military sites or similar areas are being subjected to a sea change. In this connection, the question arises of whether such areas in the process of conversion are eligible to be considered as SPAs and SACs at all.
Liability Directive - a Useful Tool for Nature Protection?
Authors: Fehr Karl-Heinz , Friedrich Barbara , Scheil Susanne
Published: July 2010

Three years ago the Directive 2004/35/EC on environmental liability with regard to the prevention and remedying of environmental damage entered into force. Dividing environmental damage into three different categories (biodiversity, water and soil), the Directive's concept is based on a mixed liability system following the US-American example while stressing the polluter-pays-principle. Member States have to incorporate the Directive's provisions into national law by 30 April 2007. Yet the efficiency of the measures is still doubtful. The following article illustrates the Directive's provisions and highlights its problems, particularly those resulting from exemptions, concluding that further instruments are necessary in order to achieve comprehensive nature protection.
The Nairobi Climate Change Summit (COP 12 - MOP 2): Taking a Deep Breath before Negotiating Post-2012 Targets?
Authors: Sterk Wolfgang , Watanabe Rie , Ott Herniann E. , Wittneben Bettina
Published: July 2010

Coming at the end of a year where public awareness of climate change had reached unprecedented heights, there was much hope by the general public that the United Nations climate change conference in Nairobi would be characterised by a renewed sense of urgency and seriousness. However, although a sense of urgency was present in many delegates individually, the conference proceeded with its usual diplomatic ritual at an almost surrealistic slow pace, apparently unaffected by time pressure. While it did see some progress on important issues for developing countries such as the Adaptation Fund, the Nairobi Work Programme on Impacts, Vulnerability, and Adaptation to Climate Change, and the Clean Development Mechanism (CDM), on questions regarding the future of the regime it proved to be at best a confidence-building session that served to hear further views. More serious work on the future of the regime can — and must — therefore be expected of the next Conferences of the Parties.
REACH - a Reality and the Future
Authors: Blainey Mark
Published: July 2010

From the beginning of 2007, REACH became a reality following an intense negotiation period and much discussion in and outside the European Institutions. The final REACH Regulation is well balanced and will provide a workable framework for managing chemicals for the next 25 plus years. Compared to current legislation it has many beneficial features, not least a simplification over the 40 odd pieces of the current legislation. However, even though the work to agree REACH has been completed, the Commission has been given a number of tasks such as reviewing a number of the Annexes and to set up the European Chemicals Agency in Helsinki. The work continues.
The New Legislative Competence of "Divergent State Legislation" and the Enactment of a Federal Environmental Code in Germany
Authors: Klein Benjamin , Müller Uwe
Published: July 2010

In the course of the comprehensive reform of the federal system (Föderalismusreform) which entered into force on 1 September 2oo61, the Federation (Bund) has been granted additional legislative competencies with regard to environmental issues. At the same time, however, the newly established legislative competence of "divergent state legislation" (Abweichungsgesetzgebung) allows the Federal States (Leinder) to enact laws deviating from federal legislation in certain areas. On the one hand, the strengthening of legislative competencies of the Federation with regard to environmental issues enables the enactment of a Federal Environmental Code, which has been under discussion for many years. On the other hand, deviating provisions of the Federal States could undermine the integrative effects of such a code. However, the vast majority of national environmental regulations are mandatory implementation of European law. Thus, the question arises whether the new legislative competence of "divergent state legislation" will even become relevant in practice and whether it will actually impede an integrative Federal Environmental Code, or if the duty to observe European law will serve as a corrective influence and prevent the Federal States from undermining a Federal Environmental Code by precluding them from making extensive use of their powers to enact divergent legislation.
A Consideration of the Implementation of the Environmental Liability Di rective to Date
Authors: Anstee-Wedderburn Jane
Published: July 2010

The adoption of the EU Environmental Liability Directive (Directive 2004/35/EC) ("ELD") was fraught with controversy. The controversy was perhaps not surprising given that the Commission estimates the ELD will cost around 1.5 billion to implement2 and that it represents one of the EU's most far-reaching environmental policies adopted to date. This article provides an overview of the key concepts of the ELD, and then considers the status of implementation of the ELD and some of the differences in approach to implementation in respect of some of the key concepts that have so far arisen in the UK, France, Germany and Spain.
Environmental Liability in Switzerland- Selected Aspects
Authors: Faeh Andrea
Published: July 2010

The Swiss environmental liability system is based on several provisions in a range of public and civil law statutes. This contribution focuses on the Swiss Environmental Protection Act (EPA) and its central liability provisions. Furthermore, these findings will be compared to other Swiss liability provisions which may also be applicable to environmental damage, followed by a brief discussion on the postponed proposal of a uniform liability system. After an overview of the relevant international agreements, the article will close with a comparison between the Swiss regime and the Directive 2004/35/EC.
Carbon Capture and Storage: Developments under European Union and International Law
Authors: Havercroft Ian , Purdy Ray
Published: July 2010

Recent amendments to key international legal regimes and the proposed introduction of an enabling legislative framework within Europe, have highlighted the importance of CCS as a climate mitigation option for the European Union and its Member States. This paper seeks to analyse these developments and provide an up-to-date examination of the issue of regulatory options for CCS and further proposals for the resolution of legal ambiguity.
The Aarhus Convention: A Basis for Reforming the Legislation on Access to Environmental Information in Kazakhstan
Authors: Ni Vadim
Published: July 2010

This article describes the prerequisites, stages and outcomes of the reform of legislation on public access to environmental information in Kazakhstan, where the Convention of the UN Economic Commission for Europe on Access to Environmental Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (Aarhus Convention, or Convention)1 has served as a driving force in this process. New approaches and legal requirements on access to environmental information have been embodied in the Environmental Code2 and the new Law on the Procedure for Review of Appeals from Natural and Legal Persons (Law on appeals)3.
Presence of Plagiotrochus Mayr, 1881 in the Himalayan area, with redescription of Plagiotrochus semicarpifoliae (Cameron, 1902) COMB. N. (Hymenoptera: Cynipidae)
Authors: Kovalev Oleg , Bellido David , Ros-Farré Palmira , Pujade-Villar Juli
Published: July 2010

Plagiotrochus semicarpifoliae comb n. is transferred to Plagiotrochus Mayr from Callirhytis Foerster, 1869, and adults of the agamic form are redescribed and compared with other species of the genus. The plesiomorphic traits of P. semicarpifoliae suggest a Southeast Asian origin for Plagiotrochus, which could have migrated with their hosts to the Mediterranean area, where the most derived forms are present.
Arneria - a new genus of North American Onychiuridae (Collembola), with a description of two new species
Authors: Pomorski Romuald J.
Published: July 2010

Arneria, a new genus of onychiurid Collembola with two new species, A. filiformis sp. n. and A. alinae sp. n. is described from North America.
Laxotela - a new genus of Therevidae (Diptera) from Australia
Authors: Irwin Michael E. , Winterton Shaun L.
Published: July 2010

Laxotela gen. n. is described and figured from Australia, with five new species: L. gaimarii sp. n., L. hauseri sp. n., L. holstoni sp. n., L. metzi sp. n. and L. whitei sp. n. We conducted a cladistic analysis of all species of Laxotela gen. n. and Belonalys occulta (White). The phylogenetic relationships of Laxotela gen. n. and the sister group relationship of Laxotela gen. n. to Belonalys are discussed.
Palearctic and Nearctic Chironomus (Camptochironomus) tentans (Fabricius) are different species (Diptera: Chironomidae)
Authors: Butler Malcolm G. , Shobanov Nickolai A. , Kiknadze Iya I.
Published: July 2010

Morphological comparison of populations of Chironomus (Camptochironomus) tentans (Fabricius) from Europe, Asia and North America has confirmed earlier cytogenetic evidence that two distinct species inhabit the Palearctic and the Nearctic under this name. The Palearctic species is the true C. tentans, whereas Nearctic populations constitute a new species described here under the name Chironomus (Camptochironomus) dilutus. Descriptions of the larva, pupa and adult male of both species are presented, and the taxonomic structure of the subgenus Camptochironomus is examined.
Taxonomy, biogeography and phylogenetic position of the North African Ceramius maroccanus-complex (Hymenoptera: Vespidae, Masarinae)
Authors: Mauss Volker
Published: July 2010

The Ceramius maroccanus-complex is endemic to southwestern Morocco. The status of C. maroccanus (Giordani Soika 1957) and C. montanus Gusenleitner 1990 as separate species is confirmed, C. rubripes Gusenleitner 1990 stat. n. and C. gessi sp. n. are recognized as species for the first time. The four species are redescribed/described and illustrated, and their distribution and flight period are analysed. Identification keys to males and females are provided. The C. maroccanus-complex is a monophyletic group within 'Species group 7' of Richards 1962, and is probably the sister group of the C. lusitanicus-complex.
Descriptions of eight new species of Desmopachria Babington 1841 from Bolivia (Coleoptera: Dytiscidae: Hydroporinae: Hyphydrini)
Authors: Miller Kelly B.
Published: July 2010

The following eight new species are described from Bolivia; Desmopachria (Desmopachria) aphronoscelus, D. (D.) bolivari, D. (D.) draco, D. (D.) psarammo, D. (D.) rhea, D. (D.) taniae, D. (Pachriostrix) chei and D. (Portmannia) youngi. Figures of male genitalia are provided for each species.
Review of the New World Hemipeplinae (Coleoptera: Mycteridae) with descriptions of ten new species
Authors: Pollock Darren A.
Published: July 2010

The New World fauna of Hemipeplinae (Mycteridae) consists of 2 genera and 16 species, including the following ten species described as new: Hemipeplus abditus (Mexico), H. longiscapus (Cuba), H. glabratus (Cuba), H. argentinus (Argentina), H. thomasi (Mexico), H. dominicensis (Dominican Republic), H. tuberculatus (Mexico), H. bolivianus (Bolivia, Peru), H. angustipennis (Venezuela), and H. quadricollis (Brazil, Peru). A lectotype is designated for H. gounellei Grouvelle. All species are diagnosed, described, and illustrated with line drawings and habitus photographs. A key to the New World species of Hemipeplinae is given.
The spinosus-group of Euops Schoenherr (Coleoptera: Curculionoidea, Attelabidae), weevils with humeral spines from New Guinea
Authors: Riedel Alexander
Published: July 2010

A new species group of Euops Schoenherr is described from the highlands of New Guinea and is referred to as the 'spinosus-group'. The included species can be readily identified by the conspicuous spines on the posterior part of the elytral humeri. The group contains ten new species : E. aculeatus sp. n., E. armatus sp. n., E. gressitti sp. n., E. monstruosus sp. n., E. paniaiensis sp. n., E. paraspinosus sp. n., E. pseudomonstruosus sp. n., E. spinosus sp. n., E. yali sp. n., and E. zimmermanni sp. n. The species are described and the characters relevant for their identification, including male and female genitalia, are illustrated. A key to the species is provided. A cladistic analysis is performed, and the monophyly of the group is demonstrated.
A fossil palm bruchid, Caryobruchus dominicanus sp. n. (Pachymerini: Bruchidae) in Dominican amber
Authors: Poinar George O.
Published: July 2010

Poinar Jr, G. O.: A fossil palm bruchid, Caryobruchus dominicanus sp. n. (Pachymerini: Bruchidae) in Dominican amber. Ent. scand. 30: 219-224. Copenhagen, Denmark. July 1999. ISSN 0013-8711. The first fossil palm bruchid, Caryobruchus dominicanus sp. n. (Coleoptera; Bruchidae) is described from Dominican Republic amber. This species is closely related to extant Central American-West Indian members of the genus, all of which develop in the seeds of palms. Aside from providing indirect evidence of fan palms, especially those of the genus Sabal, in the original Dominican amber forest, the present find shows that seed predation by Caryobruchus spp. was established in the West Indies some 15-45 million years ago.
The Chaetocnema longicornis species-group: systematics and geographic distribution (Coleoptera: Chrysomelidae, Alticinae)
Authors: Biondi M. , De Nardis G.
Published: July 2010

The known species of the longicornis species-group in the genus Chaetocnema Stephens, 1831, are revised. A diagnosis of the C. longicornis species-group is given and five new species are described from Republic of South Africa and Democratic Republic of Congo: C. kapirensis sp. n. (Lualaba Province), C. mariobiondii sp. n. (Kwa-Zulu Natal, Weza), C. zulu (Kwa-Zulu Natal, Central Drakensberg), C. mapumalangaensis (Mapuma langa), and C. phuthaditjhabensis (Free State). Redescription and line drawings of male and female genitalia of C. longicornis Jacoby, 1895 and C. reprehensa Bechyné, 1960, and SEM photographs of particular morphological aspects of all species are also included. Finally ecological data on some species are supplied.
Larval morphology of four genera of Laccophilinae (Coleoptera: Adephaga: Dytiscidae) with an analysis of their phylogenetic relationships
Authors: Watts Chris H.S. , Nilsson Anders N. , Balke Michael , Hendrich Lars , Alarie Yves
Published: July 2010

Descriptions of the larval instars of four genera (12 species) of the dytiscid subfamily Laccophilinae, Laccophilus Leach, Neptosternus Sharp, Australphilus Watts and Africophilus Guignot, are presented including a detailed chaetotaxic and porotaxic analysis of the cephalic capsule, head appendages, legs, last abdominal segment and urogomphi. A parsimony analysis, based on the 13 informative larval characteristics was conducted with Hennig86. The genus Africophilus is postulated to represent the sister-group of a clade comprised of Laccophilus + (Neptosternus + Australphilus) which is supported by, (i) primary seta CO7 articulated proximally on all legs, (ii) presence of natatory setae, (iii) metatibia + metatarsus very elongated, and (iv) elongated urogomphi.
The pupal cremaster as a diagnostic character for species of Phyllonorycter (Lepidoptera: Gracillariidae), with description of a new species of the nipponicella complex from Japan
Authors: Fujihara Junko , Kumata Tosio , Sato Hiroaki
Published: July 2010

The pupal cremasters of twelve species of Japanese oak-feeding Phyllonorycter are examined. The cremasters, even those of closely related species, are specifically distinct. Combined with descriptions of European and North American species, the present results indicate that the cremaster can be used as a diagnostic character for the species of Phyllonorycter. A new species, P. persimilis, which was previously confused with P. similis Kumata, and the female of P. nipponicella (Issiki), hitherto unknown, are described. The nipponicella complex including these species is reviewed and the speciation of its members is discussed in relation to diversification of the host plant preference.
Key to the soldiers of South American Heterotermes with a new species from Brazil (Isoptera: Rhinotermitidae)
Authors: Constantino Reginaldo
Published: July 2010

A soldier-based key to the South American species of Heterotermes is presented. Six species are recognized: H. assu sp. n., H. convexinotatus, H. crinitus, H. longiceps, H. sulcatus and H. tenuis. H. assu sp. n., is described from the Brazilian Atlantic forest, including the imago, soldier and worker castes. H. assu is also recorded from urban areas as a pest. The imago of H. longiceps is described and illustrated for the first time. The soldiers of all species are illustrated and their known distribution mapped, with several new records.
The fossil record of Phasmida (Insecta: Neoptera)
Authors: Tilgner Erich
Published: July 2010

A review of the Phasmida fossil record is provided. No fossils of Timema Scudder are known. Euphasmida fossils include: Agathemera reclusa Scudder, Electrobaculum gracilis Sharov, Eophasma oregonense Sellick, Eophasma minor Sellick, Eophasmina manchesteri Sellick, Pseudoperla gracilipes Pictet, Pseudoperla lineata Pictet and various unclassified species from Grube Messel, Baltic amber, and Dominican Republic amber. The oldest documented Euphasmida fossils are 44-49 million years old; molecular clock dating underestimates the origin of the sister group Timema by at least 24 million years.
The monophyly and relative rank of alticine and galerucine leaf beetles: A cladistic analysis using adult morphological characters (Coleoptera: Chrysomelidae)
Authors: Lingafelter S.W. , Konstantinov A.S.
Published: July 2010

The first cladistic analysis to determine the monophyletic status of alticine and galerucine leaf beetles and their relationship to one another is provided. A classification based on their hypothesized relationships is proposed. Fifty morphological characters of adults were analyzed from twenty-nine taxa representing six traditionally recognized subfamilies (Orsodacninae, Aulacoscelidinae, Eumolpinae [including Synetini], Chrysomelinae, Galerucinae, and Alticinae), with an emphasis on thorough exemplar representation from galerucines and alticines. Cladistic analyses of these characters using the heuristic analysis of PAUP resulted in 444 equally most parsimonious cladograms, a consensus of which was mostly unresolved. Successive approximations weighting of these trees produced a nearly fully resolved hypothesis of relationships among the taxa. This hypothesis indicates the monophyly of chrysomelines + eumolpines + orsodacnines and monophyly of galerucines + alticines. Importantly, the alticines are a highly derived, strongly supported monophyletic group, nested within galerucines. Therefore, alticines must have a lower relative taxonomic rank (such as tribe) to Galerucinae in order to reflect this phylogenetic hypothesis.