bluuebunny/crossref_metadata_2025 huggingface dataset:
Mining Waste: The Aznalcóllar Tailings Pond Failure
Authors: Ginige Tilak
Published: April 2022

This two-part article is a case study of the European Union and Spanish legislation with respect to the protection of the environment from mining activity. Mining activity can have many negative impacts on the environment by changing the landscape, altering water tables, disrupting the local ecology, generating serious air and water pollution, and permanently degrading large areas of land. To prevent this from occurring it is important that there is wise management of every aspect of its operations using best applicable techniques. Within the mining process tailings have the highest potential to cause significant harm to the environment.

The article evaluates the measures taken by the European Union and its Member States, in particular Spain, to control and regulate harm caused to the environmental by mining activity. The study of the Aznalcollar tailings impoundment failure, near the Doñana National Park in Spain, will assist us to review the different aspects of the relevant International Conventions and European environmental legislation. The critical appraisal of applicable EU and Spanish legislation and the interplay between the different actors will allows us to establish the main issues with regard to the effective regulation of the mining waste.

This first part of the article discusses what tailing ponds are and their role in the mining process. It looks at the location of the mine in relation to the wetland Doñana and the failure of the tailings pond. It sets the frame within which the legal implications can be reviewed then provides a critical analysis of the European Directives and Regulations applicable at the time of the accident.

Glossaries are appended.

The second part of this article will provide a critical analysis of the Spanish legal system, relevant preventative and sanctioning legislation and the actors who participated in the Spanish environmental policy with regard to the case. Analysis of Judgement of the Aznalcollar Case; concentrates on the main implication flowing from the analysis of the EU and Spanish legislation. The second part will also contain the author’s conclusion and suggestions.
New Generation Regulation? The Case of End-Of-Life Vehicles
Authors: Lee Maria
Published: April 2022

Finding alternatives to traditional forms of command and control regulation is a familiar theme in EC environmental policy. Whilst innovation has proved difficult in many areas, waste regulation in particular has started to move beyond simple end of pipe solutions. It is suggested that one reason waste attracts innovative solutions is that its very existence is an environmental problem, and addressing waste production requires the involvement of a wide range of actors. This paper will explore the observation that waste regulation makes use of an unusually wide range of regulatory instruments, from the perspective of the innovative mechanisms in the End-of-Life Vehicles Directive. As well as the evolution of regulatory techniques, however, the necessary reliance of these new instruments on more traditional legal approaches can also be noted in this area.
Country Reports
Authors: Huber Katharina
Published: April 2022

Summary: The new Austrian Waste Management Act 2002 reforms the definition of waste; the law governing professional waste collection and treatment agencies; and the law governing waste treatment installations; and establishes legislation that is consistent with Community law. This new legislation aims to restrict room within which the Austrian federal provinces may regulate waste management by adopting nine different state acts. This article outlines the major innovations of the Waste Management Act 2002 and compares the Act with previous laws.
Sustainable Tourism and Taxes: An Insight into the Balearic Eco-Tax Law
Authors: Arino Omar Bouazza
Published: April 2022

Summary: Using taxation, it being considered an efficient instrument to protect the environment, the Parliament of the Spanish Balearic Islands has tried to adopt measures to repair environmental damage directly caused by mass tourism.

The aim of this article is to present both the aims of the Balearic eco-tax and the recent Constitutional Court Order of 15 January 2002. This Order authorised the collection of the tax while the Court is deciding its constitutionality in the light of an appeal by the Central Government of Spain. As it stands, the Constitutional Court Order seems to be a fundamental criticism of the unsustainable position of the legal representative of the State, who appeared to be arguing to avoid the enforcement of the eco-tax Law and to continue the exploitation of the fragile Balearic natural resources, without regard to future generations.
European Emissions Trading — the Business Perspective
Authors: Pocklington David
Published: April 2022

Annex I parties to the Kyoto Protocol will commit to reducing the emissions of the basket of greenhouse gases by the equivalent of 135 MtC by the first commitment period of 2008-2012. Within the overall target, the EU has agreed to an average reduction of 8%, although this is subject to burden sharing within an EU “bubble”, in which there are substantial differences in Member States' allocations. The instruments for reduction are emissions trading, industrial country joint implementation and clean development mechanism. By their nature, market instruments, such as emissions trading, are reliant upon the efficient operation of the market, which in turn depends upon the full involvement of the maximum number of participants to ensure liquidity. Although emissions trading has been generally welcomed by industry, when the proposals were published, many representative organisations expressed reservations concerning its format and details. The position papers of those organisations reviewed in this article demonstrate that within industry there is a high degree of unanimity on the majority of the critical issues within the current proposal, and agreement on the components that should be included in the final version. If the Commission's ambitious timetable is to be achieved, significant changes will need to be made to the proposal, for it is unlikely to achieve early adoption in its present form, and the longer the process takes, the more the national schemes will have the opportunity to develop and ultimately shape the EU scheme that is eventually agreed. In this respect, there certainly will be “early mover advantage” to those Member States that have or are currently establishing their own schemes, and have the requisite political weight to impose their views.
European Water Law: Water Policy and Water Resources Management in France: The Projet de Loi Sur l'Eau
Authors: Bongaerts Jan C.
Published: April 2022

After the adoption in October 2000 and the publication in December 2000 of the European Union Water Framework Directive (EU WFD), Member States have to start with the transposition into national law and the actual implementation into national water policy and water resources management. For Germany, the EU WFD contains a new approach since the main principle is to integrate the ecological, economic and social aspects of water policy and water resources management at the level of river basins. Whereas some elements of current water policy in Germany take this principle into account, in many other parts this is not the case. For France, the EU WFD is familiar, because the principle of water resources management at the level of river basins has been established by the Water Act of 1964.

Hence, it is not surprising to notice that, just a little more than one year after the publication of the EU WFD, the Assemblée nationale already adopted a Proposal for a Water Act which is to replace the Act of 1964 (and the important amendments made in 1992). In fact, in terms of current practice, the basic structure of water resources management remains unchanged. This paper examines the Proposal and — incidentally and passim — also explains some of the institutional arrangements and instruments which characterise French water policy and water resources management.

In this two part article a short introduction deals with some of the basic principles of the Proposal for a Water Act. The next four sections deal with the four chapters of the Proposal which merit attention. In this first part first, the author investigates some general elements of decentralisation and planning, second, deals with the concept of “services publics” for the provision of water and waste water treatment; and third, looks at the reform of institutions, in particular of the agences de l'eau.
The Changing Role of Environmental Agencies
Authors: Bailey Patricia M.
Published: April 2022

While both the European Community and the United States now have "environmental agencies", the European Environment Agency ( ("EEA") and the Environmental Protection Agency ("EPA ") respectively, these agencies are at different stages of development and have been assigned significantly different tasks. With the recent emphasis on regulatory reform and alternatives/complements to command-and-control legislation, the roles of these agencies will likely change in the future.

This article examines the changing role of the EPA and considers whether some of the methods used by the EPA could be developed by the EEA to expand its role in a similar fashion. The article begins with a brief analysis of why the roles of these agencies are changing. It continues with an overview of the EEA and the EPA. The article then looks at methods utilised by the EPA as alternatives and complements to traditional enforcement and considers how some of these methods could be employed by the EEA.
Legal Aspects of the Transfer of Environmentally Sound Technologies
Authors: Corino Carsten
Published: April 2022

Technology transfer as a key to sustainable development under common but differentiated responsibilities; transfer-related facets of environmental law, trading law, intellectual property rights and development assistance; international, EC and national aspects.
Amsterdam, the Intergovernmental Conference and Greening the EU Treaty
Authors: van Calster Geert
Published: April 2022

The environment was not high on the IGC agenda. The environmental improvements of the Amsterdam Treaty are nevertheless remarkable.

Sustainable development has been made a Union objective, together with the principle of a high level of environmental protection; the provisions of Article 100A (the environmental guarantee) have been clarified; the integration principle has been strengthened; all EC environmental legislation will now be drafted following the improved co-decision procedure; the horizontal principles of subsidiarity and proportionality will have to be tailored to environmental policy; the case for making the Union more transparent and the declaration on the improvement of Community legislation could benefit environmental policy; and finally, the uncertainty surrounding the "right to protection of the environment" prevented its inclusion in the Treaty. The changes made in Amsterdam with respect to environmental policy are more than merely cosmetic.
Environmental Enforcement in Europe
Authors: Muylle Koen , Hunter Rod , Hendrickx Frederic
Published: April 2022

The limited role of the EC in enforcing Community environmental law - proceedings before the EC J- IMPEL; Enforcement tools available in the Member States - comparison with the position in the U.S. - administrative and criminal sanctions - absence of civil penalties outside tort law - the trend towards strict liability and the decline of mens rea - enforcement against individuals; Inspection and enforcement procedures - evidence gathering - powers of inspectors - criminal investigations - third party claims and citizen suits -presumptions of innocence - negotiating settlements; Management and compliance programs and their role in reducing the risk of enforcement proceedings.
The German Soil Protection Act 1998
Authors: Martens Claus-Peter
Published: April 2022

A review of the new German Soil Protection Act, entering into force in March 1999; the introduction of standard requirements applying throughout the Federal Republic of Germany; the aim of the Act is to secure and recreate soil functions by way of defining residual pollution and the persons responsible for cleaning up and rehabilitation, as well as laying down precautionary measures; the scope of the Act covers inter alia disused sites and unsealing of land. It also provides for threshold values and requirements; the role of public authorities; residual pollution management; the role of experts and investigation agencies; compensation for increases in land values due to cleaning up of contamination; conclusion that the Act was necessary to create uniform law but will have to prove its effectiveness.
New Opportunities or Trade Barrier in Disguise? The EC Eco-Labelling Scheme
Authors: Driessen Bart
Published: April 2022

The EC and other eco-labelling schemes; their voluntary nature; "cradle-to-grave" or "single-issue" bases.

Organisation of the EC scheme and the procedure for setting eco-labelling criteria. Applying for an eco-label Costs of participation. The Commission's proposal for a revised scheme.

Compatibility of the EC scheme with the WTO Agreement on Technical Barriers to Trade (TBT); whether or not eco-labelling schemes fall within the Agreement; the requirements which would then apply and resulting legal problems. The inclusion in eco-labelling criteria of production processes and methods (PPMs) and consequent difficulties for producers based outside the EC.

Conclusion that despite current difficulties (lack of transparency, proliferation of schemes, slowness of implementation, questions of recognition of mutual equivalence of standards, reliance on PPMs, obtaining certification for exporters from developing countries, and the place of the TBT Agreement), the EC scheme remains a valuable marketing tool.
The Creation and Enforcement of Environmental Agreements
Authors: Bailey Patricia M.
Published: April 2022

In response to the Community's promotion of alternative instruments, as evidenced by the Fifth Environmental Action Programme, the last decade has seen an increased use of environmental agreements. These agreements, which are known by several different names, including "voluntary agreements", "negotiated agreements" and "covenants", are typically executed between government and industry, although recent participants have also included NGOs, environmental interest groups and the general public. Yet, despite the successes of environmental agreements, they are not universally popular and, indeed, often suffer from a credibility problem. Part of this problem stems from the lack of enforceability of these agreements, which lack is in turn often caused by a failure to provide appropriate conditions for monitoring compliance or imposing sanctions.

This article begins with a review of what environmental agreements are, why they are useful and how they are created. That is followed by an analysis of how provisions for monitoring and sanctions can be utilised to enhance the efficiency and credibility of environmental agreements. The article next considers whether intervention by the state is necessary, and concludes with a look at the concept of the environmental agreement as a private law contract.
The Codification of Flemish Environmental Law
Authors: Lavrysen Luc
Published: April 2022

The devolution of environmental competences to the Belgian Regions; the establishment, in Flanders, of the Interuniversity (Bocken) Commission; its mission; the Draft Decree on Environmental Policy; the Commission's sources and inspiration; the influence of European environmental law; difficulties in implementing the codification and progress to date; conclusion that the ultimate goal is still very far away.
Sweden's Role in EU Environmental Policy
Authors: Molin Katarinn
Published: April 2022

Upon accession to the EU in 1995, Sweden declared that it would take a keen interest in the development of EU environmental policy. Having already developed a national environmental policy which is progressive by international standards, the Swedish government stated its intention to work for strict environmental protection standards at the EU level also. In this article it is argued that, between 1995 and 1998, Sweden acted as an environmental leader in the three cases studied in particular: the 1996 Inter-Governmental Conference (IGC); acidification; and the Auto/Oil Programme. It is recognised, however, that the active role taken by Sweden in these policy areas owes much to domestic considerations, such as a high level of ecological vulnerability and a wish to protect national environmental standards. To achieve results in EU policy-making, both domestically-based and EU strategies have been applied by Sweden, which, in EU negotiations so far, has preferred compromise to confrontation.
Criminal Environmental Law and Community Competence
Authors: Comte Françoise
Published: April 2022

Summary: The Treaty on European Union is divided into “pillars”: the original pillar of Community law (the “first pillar”), and two pillars establishing intergovernmental co-operation between Member States on the matters which they cover: common foreign and security policy (the “second pillar”) and police and judicial co-operation in criminal matters (the “third pillar”). There should be no conflict between the respective competencies defined under each of the three pillars. Indeed, the Treaty lays down a number of rules to prevent this. Nonetheless, this is precisely what has occurred in the conflict between the Commission and the Council over the issue of protection of the environment through criminal law.

In 2001 the Commission adopted a proposal for a Directive on protection of the environment through criminal law under provisions of the “first pillar”. In 2003, the Council adopted a Framework Decision on the same subject under provisions of the “third pillar”. The two parallel texts have given rise to a serious inter-institutional conflict. The main point at issue is under which provisions of the Treaty a requirement to provide for criminal penalties for breaches of Community environmental law can be imposed on Member States. Following the adoption of the Framework Decision, the Commission decided to commence proceedings before the Court of Justice, seeking to establishing that the Council had breached the rules governing the division of powers between the first and third pillar.
Access to Letters of Formal Notice and Reasoned Opinions in Environmental Law Matters
Authors: Krämer Ludwig
Published: April 2022

Summary: Environmental letters of formal notice and reasoned opinions take at present about 40 per cent of all letters and reasoned opinions which the Commission issues. In 1985 Rehbinder and Stewart wrote in their book on EC environmental policy that access to information held by the EC institutions was easier to obtain for strong, powerful vested interest groups; this has not changed in the meantime. Where insurance, competition, state aid or industrial interests are at stake, the letters of formal notice or reasoned opinions are normally abundantly quoted in the press, the media and elsewhere, and no problem exists in obtaining copies. This is very different in the environmental field, where the preservation of habitats, rules against the hunting of species or groundwater or river pollution hardly ever are discussed in public. There is an international convention on access to information (the Aarhus Convention), which gives rights to the public in relation to environmental matters, but there is no such convention on access to information in industrial or other matters: that information is already available to the interested groups. This article examines whether individual persons have a right of access to these letters of formal notice and to the reasoned opinions which are issued by the Commission.
Integrated Product Policy ? a New Regulatory Paradigm for a Consumer Society?
Authors: Malcolm Rosalind
Published: April 2022

Summary: Conspicuous consumption has become the hallmark of the individualist model of society in the 21st century and the impacts of this consumption on the environment mean that the necessity to develop sustainable consumption patterns has become a central policy focus. Extended producer responsibility has already begun to focus on the product and its environmental impact. A new approach has now been canvassed by the European Community which proposes a radical revision in the way in which environmental impacts should be evaluated and controlled. Integrated product policy (IPP) is a proposal which reflects the problems of a society driven by consumerism. In this article the author outlines IPP and the principles behind it; looks at the European evolution of IPP; describes the White Paper proposals for establishing the framework conditions for continuous environmental improvement; and, examines the current framework and the viability of the new paradigm before providing some conclusions.
Seeds of Distrust: The Co-existence of Genetically Modified and Conventional or Organic Crops in Greece
Authors: Balias Giorgos
Published: April 2022

One of the most important problems relating to genetically modified organisms is that of the co-existence of conventional and organic crops with genetically modified crops. Can they co-exist? In this article the author examines the relevant provisions of European, Greek and international environmental law to argue for the adoption of a special legislative regime for dealing with the problems associated with the co-existence of GM and conventional or organic crops before presenting guidelines for responsible legislation on coexistence.
Influence of the Aarhus Convention on Access to Justice in Environmental Matters in Estonia
Authors: Relve Kaarel , Veinla Hannes
Published: April 2022

This article examines the general principles of the Aarhus Convention, the basics of administrative court review in Estonia and how the Convention has influenced access to administrative courts by individuals and NGOs in environmental matters in Estonia where environmental standing has evolved into a very broad standing, if not into the broadest standing in Europe.
SEA Guidance: A Reinterpretation of the SEA Directive and its Application to the Energy Sector
Authors: Gao Anton Ming-Zhi
Published: April 2022

Since the SEA Directive was entered into force, a most frequently asked question has been “whether the plan and programme at stake should be subject to SEA process or not”. This question is supposed to be resolved by the SEA Directive itself and its Guidance. Yet, due to the unclear interpretation provided by the SEA Guidance, the diversity of decision making types among different Member States and the different industrial sectors, the application of it to plenty of cases remains unclear.
Comitology Under Great Scrutiny
Authors: Pocklington David
Published: April 2022

On 13 June 2006 agreement was reached between the Commission, the Parliament and the Council on a comitology procedure whereby MEPs would be permitted to block implementation decisions taken by the Commission. In addition, such decisions would be made available in all the official constitutions of the Community and the time available for Parliamentary scrutiny was extended. Parliament finally endorsed these proposals. The new Decision is an important step towards greater Parliamentary scrutiny, although this clearly will not be the last word on this issue, since inter alia the new arrangements do not go as far as the earlier draft Constitutional Treaty. Whilst Parliament has now been put on an equal legislative footing with the Commission, areas of disagreement still remain. However, aside from the political power struggle, one must consider how the arrangement will work in practice. Although Parliament did not use its existing powers to any great extent, this may have been a reflection of their limited effectiveness. Whilst Parliament may now have greater powers, the requirement for an absolute majority for blocking a decision may prove to be a new hurdle.
Including Aviation into the European Union’s Emissions Trading Scheme
Authors: Schwarze Gisbert
Published: April 2022

Although the aviation sector is one of the fastest growing climate change contributors in Europe, it is not covered by the European Union’s Emissions Trading Scheme (EU-ETS). Therefore the European Commission suggested including aviation in the EU-ETS and announced the aim of putting forward a legislative proposal by the end of 2006.

In this article the legal aspects, which have to be considered for an successful inclusion of aviation into the EU-ETS, will be reviewed. This includes the legal framework for the inclusion of aviation into the EU-ETS which consists of the United Nations Framework Convention on Climate Change, the Kyoto Protocol and the Community Law. Important legal aspects are also possible legal obstacles like the existing traffic rights in the different Member States, bilateral air transport agreements like the Open Skies agreements and the Chicago Convention. Another crucial legal point of the inclusion of aviation into the EU-ETS is the interplay of the EU-ETS and the Kyoto Protocol. Furthermore the legal aspects regarding the scope and certain design points of emission trading scheme will be reviewed. This includes the obliged parties, the allocation and certain points of the administration.
Waste Recovery: Salvaging some Meaning from Waste Definitions?
Authors: Lee Robert
Published: April 2022

A highly significant case on the definition of waste in relation to recovered and recycled materials was heard at the end of 2006 in the UK Administrative Court, which considered two joined applications for judicial review in Solvent Resource Management Ltd v The Environment Agency & OSS Group Ltd v The Environment Agency [2006] EWHC 3023.
The World Trade Organisation Panel Report on Brazil Tyres – Advanced Waste Management Theory Entering the Organisation?
Authors: van Calster Geert
Published: April 2022

Summary: At first glimpse the appeal by the European Union against the World Trade Organisation’s Panel ruling in the Brazil Tyres case, may appear puzzling. The Panel had found against Brazil re its ban on the import of retreaded tyres (and accompanying measures). The EU have previously appealed their own victory in the Asbestos panel, seeking to correct the “toxic reasoning” which led that Panel to dismiss Canadian allegations against the French (and now EU-wide) ban on chrysotile asbestos fibres. Similarly, the EU’s aim with current appeal is to ensure sound Panel judgments on regulatory autonomy. This contribution reviews the most striking parts of the Panel’s reasoning.
The Proposed New EU Renewables Directive: Interpretation, Problems and Prospects
Authors: Johnston Angus , Resch Gustav , Neuhoff Karsten , Fouquet DoÈrte , Ragwitz Mario
Published: April 2022

Under the proposed renewables Directive, Member States would commit to delivering additional renewable energy so that collectively they would generate 20% of energy from renewable sources by 2020. The requirements for each Member State are linked to their GDP. The Proposal offers two options for inter–Member State cooperation, based upon the assumption that it may be advantageous to develop additional renewables in countries with good resource basis to meet the target in countries with higher GDP. Either Member States can transfer guarantees of origin for renewables between governments or they can implement a system for private international trade of guarantees of origin. The paper discusses the economic and legal implications for national support schemes and suggests possible extensions and amendments to enhance legal certainty for investors. The Proposal also makes provision for national action plans to support Member States in the implementation of national frameworks. We discuss the interaction of GO trade with national support mechanisms for renewables and with international trading and transfers, and the importance of credible responses in the case of non–compliance.
The Application of the European SEA Directive to Carbon Capture and Storage Activities: the Issue of Screening
Authors: Gao Anton Ming-Zhi
Published: April 2022

With the introduction of a legislative proposal for the Directive on carbon capture and storage (CCS Proposal) in January 2008, CCS is expected to play an important role in combating climate change and contributing to emission reduction. To introduce this innovative technology into the European Community, numerous legal instruments have been reviewed and ratified in response to legal concerns regarding this technology. In spite of these efforts, a recent European study suggests that it is not completely clear whether a strategic environmental assessment for geological CO2 storage will be a legal requirement under the European Directive on strategic environmental assessment (SEA Directive). The purpose of this article is to provide a clear picture of the implementation of the SEA Directive in CCS–related activities and particularly to improve the screening process by elaborating on criteria for screening in the SEA Directive.
Is Harmonisation Always Effective? The Implementation of the Environmental Liability Directive
Authors: De Smedt Kristel
Published: April 2022

The objective of the Environmental Liability Directive (ELD) is to establish a framework of environmental liability based on the “polluter–pays” principle, to prevent and remedy environmental damage. The difficult negotiations during the development phase of the Directive however caused that the final decision on crucial elements of the liability regime were passed on to the Member States, as for example the scope of the regime, or the insertion of defences. Hence, the implementation of the ELD in the Member States can differ. Which choices do the Member States now make with respect to these crucial elements? Do the Member States go further than what the Directive requires or do they take advantage of the discretionary provisions to minimise the Directive’s impact? This article examines, from a law and economics perspective, whether the Directive, considering the content and the implementation by the Member States, can realise its ambitious objective.
Wind Energy and Local Acceptance: How to Get Beyond the Nimby Effect
Authors: Olsen Birgitte Egelund
Published: April 2022

Wind energy is a proven technology that has the potential to partly replace the dominance of fossil fuels. However, the further development of wind energy poses many challenges. One significant obstacle is that wind energy projects increasingly confront local opposition, delaying and blocking its implementation. This article argues that an important instrument for overcoming local opposition is to give better and more targeted information to the local population and to provide incentives that involve them in wind projects financially or spur them to take part in the decision-making process. Such initiatives need to be accompanied by legal frameworks and coherent institutional structures that ensure a balancing of global and local concerns and interests.
Book Review: Global Climate Governance Beyond 2012: Architecture, Agency and Adaptation, by Biermann, F., Pattberg, P. and Zelli, F. (Cambridge: University Press 2010)
Authors: Glatzel Katrin
Published: April 2022

This book presents the research that has been carried out over the past three years by a team of 30 leading experts from seven different research institutions in Europe and India.

It provides the reader with an up-to-date assessment of policy options for future global climate governance. The authors address three major questions throughout the book, which will arguably be at the heart of any future climate agreements: what is the most effective legal and institutional architecture for global climate politics? What role should non-state actors play? And lastly, what are the possibilities for the global community to adapt to a warmer world? The authors’ aim is to develop and generate new ideas that may assist future negotiations on a new global agreement on global climate governance for the period after 2012, when the current commitment period under the Kyoto Protocol expires. In the 19 chapters the authors seek to answer these questions by integrating a variety of approaches ranging from quantitative research to legal and policy analysis.
Environmental Law and Agroecology. Transdisciplinary Approach to Public Ecosystem Services as a New Challenge for Environmental Legal Doctrine
Authors: Monteduro Massimo
Published: April 2022

Agriculture, one of the oldest activities subject to legal regulation, is undergoing a revolutionary redefinition of its own identity. From a monofunctional idea (in which agriculture was exclusively focussed on producing goods for private use and on the economic remuneration of the producers) we have now passed to a multifunctional idea (in which agriculture is perceived as a source of providing the community with a series of public ecosystemic services, whose global value is inestimable).

This change has been accompanied by the birth of a new interdisciplinary science: agroecology, established in the 1980's. Agroecology has progressively integrated the viewpoint of disciplines like agronomy, ecology, sociology, economy, philosophy, until it has become fully transdisciplinary. However, law has remained outside the lines of research of the young science agroecology. It is important to attempt to include the viewpoint of law within agroecology.

In order to do so, legal practitioners should go beyond the current limits of the academic sectors and exceed the distinction between agricultural law and environmental law. A new analysis is necessary. A law of sustainable agricultural ecosystems has to be drawn up. More radically, the whole environmental law field has to be re-thought and reconstructed as a general law and special law of ecosystems, meaning suppliers of diversified public services. The general part of law of ecosystems should determine the common legal principles, which are valid for protecting all ecosystems. The special part of law of ecosystems should be divided into homogeneous areas, which correspond to the different types of ecosystems according to the classifications of ecology.
The Erika Case: an Incitement to Rewrite the CLC
Authors: Rebeyrol Vincent
Published: April 2022

Twelve years after the facts, the French Court of Cassation ( France's highest Court) issued a decision ruling on the consequences of the sinking of the oil tanker Erika, which put an end to the legal proceedings. With respect to the interests of the civil parties, the French Supreme Court applied the "International Convention on Civil Liability for Oil Pollution Damage'' (CLC) of November 27, 1992. However, the solutions adopted by the Court of Cassation based on this Convention, more specifically the decision to hold the Total oil company liable and the manner in which environmental harm was recognized and remedied, are surprising from a strictly legal point of view. Such solutions demonstrate the need to reform the CLC whose current provisions do not meet the legitimate expectations of populations exposed to the risk of oil spills.
The Limits of EU Competence to Regulate Conditions for Exploitation of Energy Resources: Analysis of Article 194(2) TFEU
Authors: Haraldsdóttir Kristin
Published: April 2022

The article examines how the caveat in Article 194(2) TFEU on Member States' right to determine the conditions for exploiting its energy resources affects the division of powers between the Union and the Member States to regulate the conditions for exploitation of their energy resources. In the background of the discussion is the question of whether the Union should be concerned with the complex and sometimes divergent rules that govern access to exploitation of energy resources in the Member States and asks whether the Union has powers under Article 194(2) TFEU to take action. The article also addresses the question of whether the caveat can be seen as a sign of increased resource nationalism - in the sense that states seek to maintain or reclaim control over the exploitation of their energy resources, or, whether the caveat simply reflects a balance already agreed upon in the Hydrocarbon Directive.
Science-based Risk Regulation under the SPS Agreement of the WTO: An Appraisal Post-US/Canada Continued Suspension of Obligations in the EC-Hormones Dispute
Authors: Subramanian S. R.
Published: April 2022

Abstract: The SPS Agreement is the result of a negotiated compromise between the minimization of negative trade effects and the protection of human, animal, and plant life or health. These seemingly contradictory purposes along with the textual indeterminacy of the agreement led to several interpretative challenges during the dispute settlement process, resulting in the development of the rich jurisprudence under the SPS agreement. It is in this connection, this study seeks to examine the major rulings under the SPS agreement for evaluation of the scope of regulatory discretion vested with the national authorities to establish the appropriate level of protection vis-á-vis the basic rights and obligations of the member states. The study summarizes the key achievements of the SPS case-laws in the progressive development of the SPS regime.
Transboundary Flood Risk Management: Compatibilities of the Legal Systems of Flood Risk Management in the Netherlands, Flanders and France ± A Comparison
Authors: van Doorn-Hoekveld Willemijn
Published: April 2022

In the EU the Flood Directive is part of the European legislation which is implemented in the domestic legal regimes of the Member States. The legal systems in which flood risks are managed are part of the domestic legal regimes. Floods in the European river basins of the the Scheldt and the Meuse are a special case, for they have transboundary consequences. Therefore, the flood risk management of the countries which are part of these river basins need to be compatible in order to prevent or mitigate transboundary floods risk. However, knowledge of the competences of relevant administrative authorities and the legal instruments for preventive flood risk management is lacking. Without this knowledge it is impossible for the member states to establish a balanced system in which transboundary flood risks are well managed . This article is the first step to provide a basis for such a cooperation by reducing this knowledge gap for the three countries which are part of the river Meuse and the Scheldt ± the Netherlands, Flanders and France. It offers a comparison of the consequences of policy making and implementation of specific measures by describing the actors and their legal instruments. The two specific aspects of flood risk management are selected because they form the core of the system in which flood risk management is implemented and are necessary for the realisation of measures to prevent or reduce flood risks.
Power to the Energy Consumers
Authors: Lavrijssen Saskia A.C.M.
Published: April 2022

In the winter of 2016 the European Commission published a package of proposals for the reform of EU energy legislation. This contribution deals with the question what can energy consumers expect from the proposals regarding their rights and chances to actively participate in the energy market in the transition towards a Smart Energy System. It is positive that the package proposes to enhance consumer protection and consumer empowerment by clarifying and expanding the rights for the so called ``active'' consumers, including prosumers. Whether the consumer will really be empowered to take part in the energy market will to a large extent depend on several legal and economic factors. First, Member States still have considerable leeway to specify the main principles regarding tariff regulation, the role of distribution system operators (DSOs) and consumer participation. The exact specification of these principles is complex and involves careful balancing of short and long term interests of consumers. Second, behavioural economics' research shows, that consumer behaviour very often is not rational nor energy efficient from the perspective of the consumers. Energy contracts will become more complex with different types of (eg. dynamic) retail prices. This creates a greater risk for consumers making wrong decisions in decision-making processes regarding energy (service) contracts. Therefore, care should be taken that newly generated data by smart devices such as smart meters is presented in a user friendly (transparent, verifiable, objective, personal) way to the energy consumers. Considering the uncertainties regarding future behaviour of the energy consumer, the EU and national legal frameworks should not set the market design in stone. This entails that national regulatory authorities should be attributed sufficient leeway to assess the necessity and proportionality of the required level of consumer empowerment and access regulation and to adjust regulations when necessary.
Decentralized Application of the BAT Conclusions
Authors: Masnicki Jedrzej
Published: April 2022

The main aim of this paper is to address the most important challenges associated with the BAT conclusions associated emissions-levels application. In the first place, there will be made a short presentation of the air emissions reduction framework. Secondly, the specific status of the BAT conclusions under the IED is presented. The third section discusses issues crucial to the BAT conclusions' application process, which are identified as follows: the wide discretion given to the competent authority, possibility of applying a derogation, and centralized and decentralized application control. The fourth section provides some final remarks and argues for a more balanced approach to the application of the BAT conclusions, which should attain not only environmental aims but should also reflect the aim to maintain the operation of industrial nstallations within the EU.
The Hunting of Strictly Protected Species: The Tapiola Case and the Limits of Derogation under Article 16 of the Habitats Directive
Authors: Chapron Guillaume , Epstein Yaffa
Published: April 2022

Whether or under what circumstances the hunting of species listed as strictly protected in the Habitats Directive's Annex IV can be allowed has been the subject of extensive controversy and litigation in several Member States. Finland has asked the Court of Justice for a preliminary ruling on several questions, the answers to which will have wide-reaching consequences for how species are protected in the EU. This article addresses these questions, in particular the permissibility of the management hunting of strictly protected species, the permissibility of allowing hunting with the goal of preventing poaching, and at what scale the "favourable conservation status" of species populations should be considered. It argues that exploitive hunting of strictly protected species is not consistent with the purpose of the Habitats Directive, that hunting for the purpose of preventing poaching cannot be considered a conserva- tion measure under the Habitats Directive, and that species' conservation status should be considered unfavourable for the purposes of derogation if it is unfavourable at the local population level, the Member State level, or the EU level. It concludes by discussing the consequences of this analysis for hunting in the EU more broadly.
Organizing Technical Knowledge in Environmental and Planning Law Disputes in the Netherlands  the Foundation of Independent Court Experts in Environmental and Planning Law
Authors: Backes Chris
Published: April 2022

In the Netherlands, the technical knowledge needed by judges to decide on environmental and planning law is organized in an atypical way. The Stichting Advisering Bestuursrechtspraak (STAB, Foundation of Independent Court Experts in Environmental and Planning Law) has the sole purpose of supplying the technical expertise needed by the administrative judges. One might question the need for such a, at first sight, relatively costly system. Furthermore, there may be concerns about the independence and impartiality of the STAB. This paper will explore the functioning of the STAB and discuss these possible concerns, mainly on the basis of the existing evaluation reports. It will be seen that the concerns are largely ill-founded and that the STAB is highly appreciated by its customers, the courts and by third parties. Although the existence of the STAB is due to specific historical circumstances, it could become a role model for other countries.
Renewable Energy Communities in the Law of the EU, Australia, and New Zealand
Authors: Sokolowski Maciej M.
Published: April 2022

The article juxtaposes the regulatory approach to small renewable energy sources and energy communities in the European Union, Australia, and New Zealand, highlighting such matters as the nature, character, and scope of the regulatory model of renewable energy sector. The paper also analyses energy communities in the past, current and drafted European law (as in the "Clean Energy for all Europeans" package) as well as discussing relevant legislation and policies on small renewable energy sources and energy communities in Australia and New Zealand. In this context, this article reviews the possibility of exporting the European model on energy communities outside the EU.
A ‘Made in Qatar’ Energy Transition Strategy
Authors: O’Connell Brian
Published: April 2022

Qatar is an independent constitutional monarchy and one of the world’s largest producers of natural gas. Qatar’s National Climate Change Plan commits the country to rapid decarbonisation of the energy system in line with the Paris Agreement. This analysis considers the international legal and regulatory frameworks that could enable the Qatari financial sector to support progress to domestic and global climate targets agreed to in the Paris Agreement.

energy transition, Paris Agreement, sustainable finance action plan, Qatar, European Commission
On Modern Threats to Environmental Sustainability in the Arctic: The Climate Change Factor
Authors: Noussia Kyriaki
Published: April 2022

Given the high pace of acceleration with which climate change is occurring, the unprecedented amount of floods and fires and the extremely high temperatures of the last years, new habitable and exploitable areas are bound to increase as a result of the extremely rapid ice melting in the Arctic. These areas will allow the exploration of natural resources and the use of new navigation routes in shipping. The Arctic region is rich in natural resources, but, at the same time, faces challenges due to its sparse population, limited logistical networks, and fragile environmental conditions; hence, any future sustainable growth and development in it should address the need to build sustainable infrastructure and explore and expropriate the natural resources sustainably, in an effort to achieve transformation towards an inclusive green economy that respects the indigenous peoples and their communities and lifestyle. This article not only synthesizes the existing literature on the topic of the impact of climate change on the Arctic, but also discusses and analyses the ways in which any exploration and exploitation of natural resources and any increased shipping activity in the Arctic should take place, in the light of the impact of climate change. By bringing together different literatures – on the Arctic exploration, legal regulation and Arctic shipping – not usually considered together, it analyses and discusses the multiple social and environmental effects of climate change in the region and its indigenous populations, and, finally, proposes policy options and legislative and other measures so as to best meet the various challenges imposed.

climate change, sustainable development, Arctic oil and gas, Arctic shipping, environmental protection, Arctic