bluuebunny/crossref_metadata_2025 huggingface dataset:
Cesare Beccaria az utilitarizmus és a társadalmi szerződés metszéspontjában
Authors: Csabay István
Published: April 2022

Cesare Beccaria 1764-ben kiadott, A bűnökről és a büntetésekről című értekezésének legfőbb törekvése a korabeli büntetőjogi rendszer megreformálásában állt. Beccaria jogfilozófiai műve a szerződéselméleti hagyományra támaszkodik, mindazonáltal elméletében az ideális igazságszolgáltatás legfőbb célja a közhasznosság előmozdítása. Az értekézést egy erőteljes konzekvencialista logika működteti, ami többek között a büntetések céljának meghatározásában is tetten érhető. A büntetések alapvető funkciója az elrettentés, a potenciális bűnök megelőzése. Művének haszonelvű elköteleződései végett Beccaria mély hatást gyakorolt Jeremy Bentham jogfilozófiai nézeteire, aminek köszönhetően a filozófiatörténet – a kontraktualista szempontokat számos alkalommal figyelmen kívül hagyva –, jellemzően utilitaristaként vagy protoutilitaristaként tartja számon. Dolgozatomban a műben szereplő, egymással összeegyeztethetetlennek látszó kontraktualista és utilitarista elemek vizsgálatára vállalkozom. Amellett érvelek, hogy noha Cesare Beccaria joggal tekinthető az utilitarizmus előfutárának, elméletében – a klasszikus utilitarizmustól eltérően – a büntetőjogi gyakorlatok hasznossági kritériumai nem kizárólagosak, s így számos esetben az igazságosság a hasznosság fölé rendelődik.
Lassan a testtel, avagy a személyek konstitúciós elméletének kritikája
Authors: Katona Ágnes
Published: April 2022

A kortárs analitikus metafizikában viszonylag új témának számít a személyek ontológiája, amely azzal a kérdéssel foglalkozik, hogy nekünk, emberi lényeknek mi a metafizikai természetünk: milyen más dolgokkal tartozunk egy ontológiai kategóriába és mik a fennmaradásunk feltételei. Dolgozatomban a személyes ontológiában igen népszerűnek számító állásponttal, a személyek konstitúciós nézetével foglalkozom. Célom megmutatni, hogy népszerűsége ellenére a konstitúciós nézet igen gyenge lábakon áll, mert egyrészt ellentmondásos, másrészt nehezen hihető állítások következnek belőle. A személyek konstitúciós nézete azt állítja, hogy mi, emberek a személyek ontológiai kategóriájába tartozunk, és minket a testünk konstituál. A személyek olyan létezők, amelyek esszenciálisan rendelkeznek bizonyos mentális tulajdonságokkal, ezért időbeli fennmaradásuk mentális tulajdonságaikhoz kötött. Mivel azonban a személyeket a testük konstituálja, ezért materiális létezők, akik fizikai részecskékből állnak, és nem képesek valamilyen őket konstituáló fizikai test nélkül létezni.

A tanulmányban először bemutatom a konstitúciós nézetet, majd a mellette szóló érv egy saját rekonstrukcióját adom. Ez alapján láthatóvá válik, hogy az elmélet kritikusai mely premisszák hamissága mellett tudnak érvelni, illetve hogy mely állítások együttese hozza létre az általam részletesen tárgyalt túl sok elme problémáját. Végül amellett érvelek, hogy a túl sok elme problémája nem csak, hogy kontraintuitív következményekkel jár, de rámutat egy, a konstitúciós nézeten belüli ellentmondásra is.
Nietzschei útvonalak Michel Foucault gondolkodásában
Authors: Schmal Dávid Flórián
Published: April 2022

Írásom központi kérdése arra vonatkozik, hogy hogyan lehetséges egy olyan kritikai attitűd, amely nem egy fix pozícióból bírálja a jelenségeket, hanem épp az ilyen bizonyosnak, eredendőnek vélt alapok megrendítésére irányul. Azt vizsgálom, hogy egy ilyen típusú gondolkodásmód nietzschei gyökerei hogyan jelennek meg Michel Foucault filozófiájában. Ehhez az utóbbi szerző (1) Nietzsche, a genealógia, és a történelem című szövegét, valamint (2) a hatalommal kapcsolatos gondolatait elemzem. Véleményem szerint a két szerzőt az általuk vizsgált egyes témák vagy az interpretációs kérdések előtt elsősorban a gondolkodásról való gondolkodás köti össze. Ha nincs egységes, külső kritikai nézőpont, akkor a gondolkodás is része annak a közegnek, amelyet az elgondolni igyekszik. Így a problémákat nem rögzített, időtlen fogalmi apparátusok mentén kell megragadni, hanem dinamikájukban, lezáratlanságukban, történeti keletkezésükben.
Thermal properties of common building materials
Authors:   Aalborg University, Johra Hicham
Published: April 2022

The aim of this technical report is to provide a large collection of the main thermos-physical properties of various common construction materials and materials composing the elements inside the indoor environment of residential and office buildings. The Excel file enclosed with this document can be easily used to find thermal properties of materials for building energy and indoor environment simulation or to analyze experimental data. Note: A more recent version of that report and database are available at: https://vbn.aau.dk/en/publications/thermal-properties-of-building-materials-review-and-database
Description of the Guarded Hot Plate Method for Thermal Conductivity Measurement with the EP500
Authors:   Aalborg University, Johra Hicham
Published: April 2022

The aim of this lecture note is to detail the methodology of the Guarded Hot Plate method for the measurement of thermal conductivity of medium-size test samples. Such measurements can be conducted with the Guarded Hot Plate apparatus EP500 (Lambda-Messtechnik GmbH Dresden) at the Building Material Characterization Laboratory of Aalborg University - Department of Civil Engineering.
Prevalence and Associated Factors of Scabies In An Urban Slum Area, Islamabad
Authors: Faridi Tallat Anwar , Rathor Hamayun Rashid
Published: April 2022

Scabies is a parasite infection that affects both men and women of all races and socioeconomic backgrounds. Scabies traditionally affects the hands, between the fingers, wrists, elbows, shoulders, genital areas, and breasts in women. Prolonged skin-to-skin contact, hand-holding, or sexual contact are the most prevalent modes of transmission. Scabies is a sexually transmitted illness because transmission takes 15-20 minutes of close contact. Objective: To assess the prevalence and associated factors of scabies in an urban slum in Islamabad. Methods: A cross-sectional descriptive study was carried out in a slum area of Islamabad. A simple random sampling technique was used for the selection of households. The sample size was 397. A specially designed, semi-structured questionnaire was developed by the researcher to collect information on all study variables related to demography and other variables related to scabies. The collected data thus collected were entered and analyzed in IBM SPSS (Statistical Package for Social Sciences) version 21. The results were produced in the form of frequency, percentages, valid percentages and cumulative percentages, graphs and tables and tabulated form. Results: The results showed that 57% of population was suffering from scabies at the time of the study. Gender (male) (p-value 0.286), marital status (married) (p-value 0.126), educational status (illiterate) (p-value 0.005), income (<6000) (p-value 0.005), and length of residence (>2 years) (p-value 0.000) were significantly associated with scabies.  Conclusions: It is concluded that there was a high prevalence of scabies in the study population. Gender, marital status, educational status, income, and length of residence were strongly associated with the prevalence of scabies in that population while a number of people living in one room (overcrowding) was not associated with the prevalence of scabies.
The Problematic EU Hazardous Waste List
Authors: Hunter Rod
Published: April 2022

This article examines the new EU hazardous waste list (reproduced at [I9951 EELR 91), and argues that the list is fundamentally flawed and should be revised. The article begins with a brief review of underlying EU legislation, including a short description of the relationships between the sundry waste and hazardous waste definitions and lists. The article then focuses on Directive 911689 on hazardous waste, and sets out the basic EU definition. The article goes on to describe an aborted attempt to modify this directive. It next focuses on the Council decision adopting the EU Hazardous Waste List pursuant to this directive, and discusses the list's practical implications and legal validity.' The article concludes by recommending that the EU replace the existing list with a more limited, and carefully considered list.
State Aid and Articles 92 and 93 of the EC Treaty: Does the Polluter Really Pay?
Authors: Jans Jan H.
Published: April 2022

The Commission's Guidelines for assessing national environmental aid measures; Article 92(6) of the EC Treaty and the prohibition on aid which distorts competition; the case law on the meaning of "aid"; distortion of competition under Article 92 (1); the "adverse effect on trade" criterion in Article 92(1); the exemptions in Article 92(2) and (3) - aid to make good damage caused by natural disasters, the "European interest" exemption, aid for investment, aid to increase general environmental awareness, aid to provide training and consultancy, and operating aid; conclusion that the Commission's new Guidelines make a fair attempt to provide a framework for balancing the market forces arising from the "polluter pays" principle against the restriction of competition.
A Legal Regime for the Clean-up of Contaminated Land: Lessons from Europe
Authors: Atkinson Nicola
Published: April 2022

Topical interest in clean-up policy driven by the need for redevelopment or concern for public health and the environment; a review of the regimes in The Netherlands, Denmark, Germany and the United Kingdom; conclusion that policy is characterised by the need to optimise use of resources and the need for certainty.
Product v. Non-Product Based Distinctions in GATT Article III Trade and Environment Jurisprudence: Recent Developments
Authors: Zedalis Rex J.
Published: April 2022

A twofold thesis that recent decisions of the World Trade Organization reveal a "marked disinclination to endorse environmental measures not linked to specific characteristics and attributes of products affected"; and that such measures "cannot avoid inconsistency" with Article III, General Agreement on Tariffs and Trade (GATT) , on internal taxes or other charges; the end of the arguments that GATT approval should be given to "process-based" environmental measures and taxes, and to measures without a protective aim or effect; recent cases: United States - Taxes on Automobiles; Reformulated and Conventional Gasoline; Japan - Taxes on Alcoholic Beverages; the United States - Measures Affecting Alcoholic and Malt Beverages; the centrally of the "product as a product"; the demise of the "aim and effect" test; consequent difficulties for environmental policy-makers.
The Biocidal Products Directive
Authors: Wilson Geoffrey
Published: April 2022

The Directive concerned with the placing on the market of biocidal products (wood preservatives, insecticides, anti-foulants etc.) has now been finalised and all Member States are required to implement it by May 2000. An outline of the content, method of operation and impact on industry is given.
Direct and Individual Concern in Environmental Cases: The Barriers to Prospective Litigants
Authors: Schikhof Silvia
Published: April 2022

After the judgment in Stichting Greenpeace Council and Others v Commission (Case C-321/95 P, ECJ, 2 April 1998), the doors to the European Court of Justice and the Court of First Instance seem barred to non-governmental organisations (NGOs) seeking to protect environmental interests through an action under Article 173(4) of the EC Treaty. Individuals wishing to have a decision annulled in order to protect their environmental interests seem to be in the same position and will also have extreme difficulty proving "direct and individual concern", as laid down in Plaumann (Case C-25/62 [1963] ECR 95). It is argued below that such a strict approach is not only detrimental to the protection of environmental interests, but also inconsistent with developments concerning access to justice on the national leveh Moreover, it seems at odds with European environmental policy itself Some possible alternatives, which may help remedy this regrettable situation, are set out.
Precaution, Prevention and the Environmental Impact Assessment Directive
Authors: Sijakis Antonios
Published: April 2022

Argument that the Environmental Impact Directive adopts a preventative rather than a precautionary approach, despite the new legal basis for, and Recital 3 of the amending Directive. The distinction between precaution and prevention based on degrees of certainty about whether particular consequences will materialise from particular actions or processes. The preventative rather than the precautionary character of the Directive is, it is argued, supported by the requirement for assessment on the basis of the likelihood of significant effects; time constraints in supplementing the Annexes; implementation problems; and the operation of Annex II, including selectivity in updating it. Conclusion that the Directive is reactive and preventative, but not precautionary.
Eco-Labels: Benefits Uncertain, Impacts Unclear?
Authors: Herrup Andrew
Published: April 2022

The nature of eco-label schemes and the reasons for their introduction; the process by which product groups and eco-labelling criteria are defined and the problems these raise in practice - independence, defining product categories, setting criteria, transparency, the multiplicity of programs; history of eco-labelling and an overview of the schemes which have been introduced; an evaluation of their effectiveness in terms of individual consumers and major corporate consumers; the effect of eco-labelling on trade and the debate as to whether or not they constitute barriers to trade; the place of international trade agreements; the current position; conclusion that close study must continue to determine whether eco-labelling schemes will in the long term succeed or fail.
The European Community's Evolving Precautionary Principle – Comparisons with the United States and Ramifications for Doha Round Trade Negotiations
Authors: Daemen Thomas J.
Published: April 2022

Summary: Acceptance of the precautionary principle has grown from its historic roots in Germany to encompass virtually every European Community Member State and institution, including the Court of Justice. However, this broad support belies notable uncertainty regarding the principle's true meaning and standards of application at both the Community and Member State level. Similar ambiguities exist in the United States. United States regulators frequently employ precautionary standards but do so without explaining the rationale for their approach or drawing upon the lessons of their European colleagues.

These uncertainties are to be expected from a concept as intrinsically vague and indeterminate as the precautionary principle. However, they make it exceedingly difficult to incorporate the principle into the current Doha round of trade negotiations. Simply put, if a negotiator is not certain of her own position, how can she most effectively argue the merits of her position to others? United States and European authorities should therefore regroup and decide for themselves precisely what the principle means, and how it should be implemented, before debating its merits in the current round of WTO negotiations.
Emissions trading as a new dimension to European environmental law: the political agreement of the European Council on greenhouse gas allowance trading
Authors: Peeters Marjan
Published: April 2022

On 9 December 2002 the (Environment) Council of the European Union unanimously agreed on a common position on a Commission's proposal for a Directive establishing a scheme for greenhouse gas emissions allowance trading. This follows the idea that a common European emissions trading system should be preferred above a collection of national emissions trading systems. The European framework for emissions trading needs to be filled in by the Member States. One of their main tasks will be to allocate the greenhouse gas allowances according to a National Allocation Plan.

The use of new regulatory instruments as emissions trading will raise new legal questions, which not always can be foreseen before the real application of the instrument in practice. It does not seem to be that the relevant institutions in the European Community already have a clear insight in all the necessary provisions for a well-functioning and just emissions trading scheme. Especially the allocation of the tradable emissions rights can be questioned. With the present criteria, the allocation of the transferable rights will likely be a complicated and probably time-consuming task for the national governments. The European politicians seem to be willing to take this risk with emissions trading in order to build experience with combating the climate change effect.
Smart Regulation and the Revised Batteries Directive: The Future of Voluntary Agreements
Authors: Makuch Zen
Published: April 2022

Summary: This article is more than mere analysis of law and policy in relation to the revised Batteries Directive. It describes the practical, legal and economic underpinning of voluntary agreements, also known as environmental agreements. It seeks to reveal that voluntary agreements provide a useful complementary tool to command and control models and economic instruments. The key elements of a voluntary agreement that could be implemented under the revised Batteries Directive have also been drafted and provided. This voluntary agreement is sufficiently flexible so that it may be applied by stakeholders to many other areas of environmental law whether at the Member State or European Community level. The author argues that in some cases they provide advantages over command and control models by aiming for an 'environmental consensus' that anticipates and plans for strategic interventions to reduce or prevent environmental pollution within a more flexible framework that allows for a confluence of science and industry know-how while reducing regulatory and related cost inefficiency. This first part of the two-part article includes coverage of economic instruments; producer responsibility voluntary agreements schemes; and deposit return systems.
Prior Informed Consent for Hazardous Chemicals Trade – Implementation in EC Law
Authors: Langlet David
Published: April 2022

Summary: The issue of trade in hazardous chemicals has long been contentious on the international agenda. Gradually the notion of prior informed consent has developed as a means to strengthen the regulatory abilities of importing countries, taking its legally binding form in the 1998 Rotterdam Convention. It is now being implemented by the EC, itself a Party to the Convention, through Regulation (EC) No 304/2003 concerning the export and import of dangerous chemicals. Compared to the Convention, the Regulation is progressive, particularly by increasing the number of chemicals subject to prior informed consent procedure and applying it also in relation to non-party countries. It even imposes an absolute export ban on certain substances. On some points the Regulation falls short of formally fulfilling the Community's obligations but this may not entail negative repercussions if handled in a constructive and prudent manner. In the end however, the attainment of beneficial effects for human health and the environment is contingent upon the ability of importing developing countries to create regulatory systems and authorities able to utilize the provided system in an efficient manner and effectively execute informed decisions on chemicals import. How the Regulation's commitments regarding technical assistance will be implemented remains to be seen.
The EC Directive on Strategic Environmental Assessment: A Much-Needed Boost for Environmental Integration
Authors: Sheate William
Published: April 2022

Summary: Environmental assessment has long been held to be a key tool in achieving one of the cornerstones of European Community environmental policy, that of environmental integration. However, it has taken the best part of 30 years to get to the point of implementation of the Strategic Environmental Assessment (SEA) Directive, due in 2004. Securing legislation for environmental assessment at strategic decision levels as well as project level EIA has been a symbolic milestone for environmentalists. This paper explores the background to the SEA Directive and analyses in detail its key requirements and implications for implementation. The paper also examines the relationship between the SEA Directive and the changing policy context over the period of its long gestation. It concludes that the SEA Directive has arrived at an opportune time to reinvigorate the environmental integration agenda, currently beleaguered by the much stronger social and economic agenda dominant in current EU conceptions of sustainable development. While there has been positive formalisation and strengthening of EU environmental policy over the past 30 years, arguably there has been inadequate real change in terms of the effective integration of the environment into decision-making on the ground.
Registration, Evaluation, Authorisation and Restrictions of Chemicals: An Analysis
Authors: Cana Ruxandra
Published: April 2022

Summary: The Community chemicals legislation is being re-written to amend and replace what is believed to be the inefficient and insufficient system of existing rules. The process, which started in 2001 with the publication of the White Paper on a New Chemicals Policy, has now come to the legislative adoption phase. This article analyses the European Commission's proposal for a Regulation concerning the Registration, Evaluation, Authorisation and Restrictions of Chemicals (REACH), establishing a European Chemicals Agency and amending Directive 1999/45 and Regulation (EC) on Persistent Organic Pollutants, as presented in October 2003 for adoption by the European Parliament and the Council of the European Union. It analyses its individual provisions by reference to the objectives sought by the revision of the existing chemicals legislation and by reference to the general principles of Community law.
Case Reports: Case C-278/01 Commission v. Spain
Authors: Janssen Jos
Published: April 2022

Article 228(2) EC – penalty payments – enforcement of Community environmental law; judgment of 25 November 2003
Environmental Liability in Ireland
Authors: Joyce Orla
Published: April 2022

Summary: Environmental offences (whether causing pollution, threatening to cause pollution, breach of a local authority licence or permit, or breach of an IPC or IPPC licence) may be committed by a range of people from a body corporate to an individual manager and the ensuing liabilities can be civil, criminal or both. Claims can be (1) constitutional; (2) statutory (Irish and European); and (3) common law based. I propose in this paper to deal with these liabilities in the environmental context and also to highlight some landmark cases and what is coming down the track in the future.
Legal Transposition and Implementation Frameworks for Lithuanian Approximation of EU Environmental Law
Authors: MacDonald Karen E.
Published: April 2022

In March 1998 the European Union (EU) formally launched a negotiation process by which to further enlarge the EU, having, in the preceding years, invited several former Soviet-influenced countries from Central and Eastern Europe (CEE), along with Cyprus, Malta and Turkey, to participate in accession to the EU if they so wished. This is the second of two articles concerned with Lithuania’s accession to the EU, the process of approximating EU environmental law and the legislative intricacies involved therein. The first paper critiqued the process of enlargement of the European Union from a largely pragmatic legal perspective through a legal case-study examination of Lithuania’s efforts in approximating the environmental acquis into national law. Lithuania was an accession state from Central Europe and acceded to the EU on 1 May 2004. The first paper provided insight into and guidance upon the process of the approximation of environmental law as it may relate, or has related, to other accession countries. It highlights the practical steps and the route of accession to the EU along with the legal requirements contained therein.This second paper focuses more specifically upon the actual implementation and related strategic aspects revealed in Lithuania’s efforts to approximate EU environmental law by reference to best practice, as developed by the lead author, for the EU.
Ecotaxes and the European Union
Authors: Engle Eric
Published: April 2022

Summary: This article examines how an ecotax should be introduced by the European community, but implemented through the Member States, to comply with community obligations under Rio and Kyoto It analyzes whether the community has the legal power to impose taxes on Member States and the principles that can help shape not only regulation but also taxation. The author then ponders the reason for the failure to adopt a community level ecotax before looking at the core case law. He concludes with a look at how the ecotax question shows the problem of competition in economics.
The International Regulation of Genetically Modified Organisms: Uncertainty, Fragmentation, and Precaution
Authors: Bevilacqua Dario
Published: April 2022

Summary: The regulation of genetically modified organisms (GMOs) is paradigmatic for the study of some of the most interesting features of contemporary international law. The main characteristics of this sector are: scientific uncertainty, multi-sectorality and multi-nationality. There are many different scientific opinions concerning GMOs and at the moment the possibility to determine a sound and common vision on the issue seems quite far from reach. At the same time, GM products affect various interests and goods, of public and private nature, such as agriculture, trade, health and environment protection, and consumer information. This means their diffusion would have a significant impact over a multiplicity of policy areas, often connected, sometimes conflicting. Finally, with the development of global trade, GMOs are a transnational commercial issue, which needs an impartial and agreed solution to their regulation. Starting from the uncertainty and the legal conflicts surrounding the regulation of GMOs, the article will deepen the problematic issues concerning sectorality and fragmentation in international law – taking as an instance the conflict between the Cartagena Biosafety Protocol and the Sanitary and Phytosanitary Agreement of the WTO – and, finally, it will consider the effect of the introduction of a soft version of the precautionary approach at the global level, namely, with reference to international administration of risk.
The Influence of Environmental Quality Standards and the River Basin Approach taken in the Water Framework Directive on the Authorisation of Plant Protection Products
Authors: Vogelezang-Stoute Elizabeth , van Rijswick Marleen
Published: April 2022

The various approaches taken in European environmental legislation are not always coordinated. For example, the effect–oriented approach for river basins taken in the Water Framework Directive differs from the risk–based approach taken in pesticide legislation. In European environmental law there is ordinarily no method for determining the hierarchy of the obligations imposed under different environmental directives. If the relevant legislation itself is silent about the hierarchy, all the obligations apply. Coordination of the various directives and their instruments is then required. This article analyses in particular the relationship between the Water Framework Directive and the Plant Protection Products Directive. Recommendations are made on how to improve the coordination of these two directives and on the integration of the Water Framework Directive’s requirements into the national authorisation process for plant protection products.
Multilateral Organisations,Fossil Fuels and Energy Law and Policy: The Tower of Babel Re–visited
Authors: Aidelojie Kenneth
Published: April 2022

In recent weeks, it appears that regulatory and related policy interest in OPEC and other oil producers rises in direct proportion to the price of oil. On 26–27 June, European Union representatives will be travelling to Siberia in order to seek new regulatory arrangements on oil and gas imports, as well as concessions in relation to Western European investment in the Russian energy sector. Prime Minister Gordon Brown is in Saudi Arabia, seeking regulatory concessions related to higher production levels for oil in order to force prices down. Against this backdrop, he has threatened to spend up to £100 billion (C=127 billion) weaning citizens off the expensive energy imports that threaten family budgets. Similarly, in the recent presidential primaries in the United States, Hillary Clinton promised to bring legal action against OPEC in relation to its cartel status. Notwithstanding the implicit evidence of the weak bargaining power of consumer nations that are forced to visit producer nations for “constructive talks, there is much to commend scholarly attention to the role of regional and multilateral institutions in relation to fossil fuels regulation at this time.

This article analyses the role of these institutions (Section 1) particularly in relation to OPEC, against the backdrop of the energy dependency (Section 2) that has evolved among leading oil consumer nations. In Section 3, we scrutinize dual energy pricing, as well as the trade compatibility of one of the EU’s answers to oil dependency, the Renewable Energy Sources Directive. We then proceed to analyse unilateral and multilateral litigation prospects in respect of OPEC’s export regulatory control practices (Section 4) prior to offering some constructive concluding remarks. In view of the current third wave international energy crisis, it is right that multilateralism should serve as a sensible way forward given the abject failure of individual consumer states thus far to both advance a sustainable energy security regulatory and policy framework and, in an integrated fashion, to address the challenges of climate change.
Burden of Proof in Environmental Disputes in the WTO: Legal Aspects
Authors: Horn Henrik , Mavroidis Petros C.
Published: April 2022

This paper discusses allocation of burden of proof in environmental disputes in the WTO system. Besides laying down the natural principles that (i) the complainant carries the burden to (ii) make a prima facie case that its claim holds, WTO adjudicating bodies have said little of more general nature. The paper therefore examines the case law of relevance to environmental policies, to establish the rules concerning burden of proof that are likely to be applied in such disputes. Evaluating this case law, the paper makes two observations: first, in cases submitted under the GATTWTO, adjudicating bodies have committed errors regarding the required amount of evidence (the burden of persuasion); and second, such errors, as well as errors concerning the determination of the party to carry the burden of providing this evidence (the burden of production), have been committed in disputes submitted under the TBT/SPS Agreements. These errors largely seem attributable to the general absence of methodology regarding the interpretation of some key substantive provisions featuring in the three Agreements.
Resolving Disputes Involving Accidental Pollution by Oil: What are the Challenges?
Authors: Adetoro David O.
Published: April 2022

This paper discusses disputes involving pollution and the questions of compensation and claims involved, particularly with the provisions for resolving maritime disputes under the United Nations Law of the Sea (1982 UNCLOS) and other conventions. The paper gives a detailed discussion of the provisions of the UNCLOS in respect of the options available to disputants and claimants for adjudication. It also explores the value of the International Oil Pollution Compensation Fund (1992 Fund Convention) as it relates to providing an effective and timely resolution of claims resulting from marine pollution and difficulties often involved in using national judicial options and contending interests of parties involved in the regulation of marine environment. Research results have confirmed that in spite of the many conventions, law and regulations available for regulating the marine environment enforcements compliance remained weak. Finally the paper suggests ways that disputes and claims involving accidental pollution might be better managed with the provisions of the (1992 Fund Convention) and other remedies.
Dispute in Climate Change Adaptation Finance – Towards a convergent outcome for the COP-15
Authors: Peart Nicola
Published: April 2022

Given that the challenges resulting from climate change arise from transboundary harm, the global community must come together to address both causes and consequences. Furthermore, because there are multiple and different sovereign interests and needs at stake, it is essential that Parties are able to firstly approach the problems and solutions using a common terminology and understanding, and secondly arrive at solutions that give rise to effective results.

This article looks at the current negotiations under the United Nations Framework Convention on Climate Change that brings sovereign states together to address transboundary harm caused by anthropogenic greenhouse gas emissions. In particular, it focuses on the negotiation of a financial architecture required to support adaptation to climate change impacts, and discusses the positions of five Parties selected to capture a range of interests, economic development, vulnerability and responsibility for climate change (namely, the European Union, the United States of America, India, China and the Alliance of Small Island States).

This article presents a commentary on the trends in Party positions, and provides some historical and current context for explaining why Parties take certain positions on elements of an adaptation finance package.
An Integrative Approach at European Level for Wildfires: Towards a Framework Directive
Authors: González Jorge Agudo
Published: April 2022

This article deals with a new approach to the wildfires legal framework in the European Union. Although the former European norms tackled this subject from a partial point of view, new experiences show that an integrative approach is needed. In fact, all the European institutions agree in relation with the need to advance towards a global and general regulation. So this article tries to explain how the European institutions can base their competences to approve a Framework Directive which should implement tools and instruments in several topics as environment, forest management, land planning and civil protection, all linked to a preventive and extinctive fire management system. The main problems to solve this question have to do with two points. First of all, it is indispensable to justify the competences conferred to the European institutions to regulate in all the subjects mentioned above. Secondly, it is also necessary to give reasons for explaining how the European Community can act in relation with a problem with such wide ranging effects across Europe, and how that new common approach could fulfill the subsidiarity principle.
The Protection of Land in Greece – before and after the implementation of the Environmental Liability Directive
Authors: Charalampidou Natalia
Published: April 2022

On September 29, 2009 the Presidential Decree on Environmental Liability that implements the Environmental Liability Directive came into force. Environmental protection was previously provided in legislative works as well, such as in the Constitution and in the Law on Environmental Protection, which are shortly portrayed. Though, through the Presidential Decree on Environmental Liability, long awaited land protection legislation in Greece finally came to pass. The definitions set out, the competent authorities, the preventive and remedial actions, as well as the offenders liable for the preventive and remedial costs are analysed. Equally the cases of multiple party causation foreseen, that include contributory negligence of operator, producer, importer, supplier and public authority, are set out. During this analysis, a comparative view of the final form of the Degree with the initial draft thereof is offered. Special mention is made of the polluter-pays principle in Greece that is compared with the ones in the United Kingdom and in Germany. Finally, some aspects that have not been regulated in the Presidential Decree, contrary to those in the United Kingdom, Germany and The Netherlands, are noted.
The EU ETS Rules on Carbon Leakage and Energy Intensive Industry in the Federal Republic of Germany
Authors: Tscherning Rudiger
Published: April 2022

The European Union’s unilateral action on climate change has the potential to expose its energy intensive industries to undue competition from economies where lower standards of climate policies are in operation. This “green paradox” may result in carbon constrained energy intensive industries relocating their operations away from the EU as a result of international competition and increased costs in domestic production, giving rise to “carbon leakage”. For the Federal Republic of Germany, with its export driven economy dominated by energy intensive manufacturing industries, the prospect of carbon leakage is of particular interest.

This article investigates the policy considerations underpinning the carbon leakage debate and the measures designed to address leakage risks, in particular sectoral approaches and free allocation of emission allowances. The concept of positive carbon leakage will be developed with the article arguing that the energy intensive industry in Germany is capable of adapting to carbon leakage by use of innovation and increased energy efficiency. The article concludes that the risk of carbon leakage in Germany is of a minimal nature and therefore considerably overstated. In order to minimise the risk of leakage further, sectoral approaches should be considered for the EU’s most energy intensive industries.
National Energy Policies and Energy Security in the Context of Climate Change and Global Environmental Risks: A Theoretical Framework for Reconciling Domestic and International Law through a Multiscal
Authors: Rossi Piercarlo , Farah Paolo Davide
Published: April 2022

Energy consumption and energy demand are predicted to grow steadily over the next few decades. The international community confronts two great challenges at once: providing secure and cheap energy supplies to meet ever-expanding needs and responding to climate change. There are a variety of national strategies to answer these needs. The impacts of the diverse national strategies on the greenhouse effect are multilevel; they range from the most state-centred to large-scale ones. The nature of the dual problems provides the basis for a review of the diverse approaches based on hierarchies of principles that entail diagonal regulatory strategies on climate change and energy security. These principles should mark the policy priorities to be followed and make it possible to more effectively integrate public laws with differing objectives, such as economic development and the environment. The globalization discourse has fragmented the traditional framework in which the policy-making role of the nation-state is inserted into the international legal system. The coexistence of national, regional and international decision-making levels can be seen to lead to sets of policies which fail to maintain internal consistency. Accordingly, studies on energy issues and studies on environmental risks need to be held together by means of a methodological integration that is able to encompass the multiscalar effect.
Protection of the Health of Workers and the General Public under the Euratom Treaty and the EU Environmental Policy  the Ratio between Human Health Protection and Environmental Protection
Authors: Cenevska Ilina
Published: April 2022

The correlation between the concepts of radiation protection and environmental protection in the context of the application of the Euratom Treaty is a subject poorly covered in academic literature, but, nevertheless one of a perennial value and importance for the "nuclear" Europe. The aim of the text is to verify the extent to which the concept of radiation protection extends along the purview of the (much broader) concept of environment protection. Thus, an attempt is made to demonstrate whether the health and safety provisions of the Euratom Treaty and the relevant implementing legislation are solely aimed at protecting the health of humans and for that matter are only concerned with the effects of radiation only as far as they relate to the human factor, or indeed, additionally extend to the other elements comprising the environment.
The Impact of the EU ETS on Flaring of Gas on the UK Continental Shelf
Authors: Peters Mary Sabina
Published: April 2022

Resource management and environmental policies form the basis for establishing relevant legislation and regulations; they ensure that government policies relating to gas flaring are being achieved efficiently and most effectively. It is the responsibility of government to set out a country's resource management and environmental policy. As part of developing a relevant policy, it is recommended that the government specify the strategy and the role flare reductions can and should play to achieve overall environmental and resource management objectives. This paper is in tune with the effectiveness of the emissions trading scheme which has considerable impact on flaring of gas on the (United Kingdom Continental Shelf) UKCS,1 the essay starts with a brief introduction, overview of onshore and offshore gas flaring in the United Kingdom, The effectiveness and impact of the emission trading scheme on the UKCS and finally the conclusion.
The Pillars of Sustainable Development: A Comparative Analysis of their Status in Vicennial Environmental Conferences
Authors: Sung Woong Kyu
Published: April 2022

Copyright of this article is owned by the Environmental Law Reporter, but is published with their permission.

 

The United Nations Conference on Sustainable Development, also known as Rio 20, came to an end a year ago. For more than 40 years, ever since the United Nations convened the first environmental conference in Stockholm in 1972, the international community has raised its collective voice for conservation, protection, and promotion of the environment. This article examines the text of the declaratory outcomes produced by three monumental international conferences in the field, and identifies the progression and regression of the environmental, social, and economic pillars of sustainable development. The transition of focus from environmental protection to sustainable development and to a green economy in these conferences accompanied the substantive and quantitative changes in the balance between the three pillars, which have transformed the theory of sustainable development and the impetus to realize it in practice. The author presents a host of questions on the meaning of this transformation and responds as to whether it satisfies the international community's original consensus on the concept of sustainable development.
The Nigerian Oil Industry and the Economic Reform Agenda
Authors: Odiase-Alegimenlen O.A.
Published: April 2022

Due to the dynamism of human existence, there is always the need for constant change and adaptation. This tendency for change is reflected in the ongoing reform of Nigeria's economic sector. The focus is the withdrawal of government from commercially oriented activities, (so that it can concentrate on governance) and replacement by private operators. This manifests in the oil sector as reform of both the law and policy of the upstream and downstream aspects of the industry, to allow for participation by private indigenous enterprises and reform of the pricing of petroleum prices especially removal of petroleum products price subsidy by government. It also reflects in a change in the treatment of the host communities. Another key aspect of the reform is the encouragement of financial transparency in the industry to address the corruption, which has arisen as a result of the government monopoly of the sector. This paper examines these reforms and their ability to bring about change in the sector. It also assessed the reform of the Energy law of the EU whereby the EU treaties relating to energy, with specific reference to oil, have become part of the laws operating within member countries. A salient aspect of the EU Energy laws is that all aspects of energy are regulated by the prevalent Energy regulations in a holistic manner in a bid to create synergy of the industry.

The paper postulates that the difficulty in sustaining the reforms could result in eventual failure of the reform. It speculates that this is not because the government lacks the power to drive the reforms, but seems bereft of the spirit or political will to remove itself from the oil business thereby truncating the drive towards full market development of the industry, a feat which has been achieved substantially in the EU States.
What Role for Administrative Courts in Granting Effective Legal Protection in the Energy Sector?
Authors: Lavrijssen Saskia A.C.M.
Published: April 2022

This article develops a normative framework for assessing the role of the national administrative courts in reviewing regulatory decisions involving complex legal and economic assessments in the energy sector. It elaborates in a detailed way the requirements that follow from the EU law principle of effective legal protection that should be respected by the national courts. By way of illustration, it assesses an important judgment of the highest administrative court for energy cases in the Netherlands - the Trade and Industry Appeals Tribunal (hereafter: CBB) - in light of the principle of effective legal protection.
European Law on the Energy Communities: a Long Way to a Direct Legal Framework
Authors: Sokolowski Maciej M.
Published: April 2022

In 2016, the European Commission presented a legislative package: "Clean Energy for all Europeans", with the proposal for a new Directive on common rules for the internal market in electricity (recast) as its part. The package is aimed at setting consumers as the "active and central players on the energy markets of the future". This issue is subjected to the analysis in this paper, which is intended to discuss its collective approach, i.e. the generation of electricity in energy communities. The research covers the analysis of previous European policy documents and programmes, repealed and to be amended legislation that indirectly addresses (or could address) the issue of energy communities, as well as the legislation that will regulate (or may regulate) it directly (i.e. the new Directive on common rules for the internal market in electricity). Seen in this light, the paper is aimed at proving that the idea for cooperation of energy consumers and local production of electricity from renewable energy sources, is deeply rooted in the European agenda for the internal energy market.