bluuebunny/crossref_metadata_2025 huggingface dataset:
Success and Failure of UN Peacekeeping Operations: UNMIS in Sudan
Authors: van der Lijn Jaïr
Published: July 2010

Some UN peacekeeping operations are generally regarded as a success, e.g. El Salvador, Sierra Leone and Mozambique. Other missions are seen as obvious failures, such as Rwanda and Somalia. Not only do these mixed results justify research into the question “do peacekeeping operations actually contribute to durable peace?”, but both academic scholars and policy makers also try to identify factors explaining these differences. In earlier research, factors for success and failure were distilled from literature to explain the differing contributions of UN peacekeeping operations. After further research on the cases of Rwanda, Mozambique, El Salvador and Cambodia nine factors for success and failure were identified. According to these nine factors the probability that a peacekeeping operation makes a positive contribution to durable peace increases if: 1) the parties are sincere and willing to cooperate with the implementation of the operation; 2) the operation is able to provide a sufficient sense of security to the parties; 3) the operation has sufficient attention to the causes of the conflict both in depth and in breadth; 4) the operation receives co-operation from important outside actors and parties; 5) the operation is deployed timely and at the right time; 6) the operation is implemented by competent personnel under competent leadership, and with clear command structures; 7) the operation is part of a long term approach; 8) the ‘policy tools’ implemented in the operation are coordinated within the operation, as well as externally; and 9) the operation provides ‘ownership’. The questions addressed in this paper are: a) to what extent does UNMIS meet these different factors for success and failure for UN peacekeeping operations?; and b) to what extent does this picture match the image that results from a review of the North-South conflict and peace process, the role of UNMIS, and an analysis of the extent of durable peace? The answers to these two questions allow more insight into the chances for success or failure of UNMIS and provide further knowledge on factors for success and failure of UN peacekeeping operations.
Between Culture and Concept: The Protection of Civilians in Sudan (UNMIS)
Authors: Lie Jon Harald Sande , Carvalhob Benjamin de
Published: July 2010

The concept of the Protection of Civilians (PoC) is a prevalent buzzword in the discourse on peacekeeping operations. All actors from the military, development and humanitarian segments relate to PoC. Although there is mainstreaming and general infusion of the concept within the international community, there is no coherent and comprehensive understanding of what the concept really means and what kind of practices it comprises and entails. The concept’s seminal thinkers and proponents fail to provide a clear and unambiguous definition of the concept. Rather it seeks to infuse a culture of protection among international actors operating in contexts which see grave human right violations and direct and indirect targeting of civilians. This article addresses the protection discourse as perceived by various actors in the field in Sudan. Rather than making the case for a narrow definition of PoC, we argue for mainstreaming a culture of protection, which in turn can succeed in including a multiplicity of actors. However, this may not be sufficient to engender an inclusive culture of protection, as PoC will be interpreted at the backdrop of organisations’ embedded mandates and institutional culture, which in turn can lead to a general conceptual dilution.
Humanitarian Principles and Protection Dilemmas: Addressing the Security Situation of Aid Workers in Darfur
Authors: Eckroth Karoline R.
Published: July 2010

The changing nature of armed conflict has resulted in increased need to safeguard civilians, including humanitarian personnel, which is reflected in the emerging protection of civilians agenda. This article considers the security of aid workers in Darfur. Specifically, it examines to what extent the traditional principles of humanitarian action provide security for humanitarian personnel. By performing a within-case analysis, this study portrays the humanitarian workers’ own perspective of the micro-dynamics of security in Darfur. It argues that neutrality, impartiality and independence provide protection and are pivotal for humanitarian security in Darfur. However, these principles do not protect against all threats and needs to be supplemented by other strategies such as protective walls, unarmed guards and barbed wire. On the other hand, relying too heavily on such measures may diminish security as aid workers are alienated from the local population. This is because proximity to the population is perceived as the most important measure for security. In addition, this article suggests that mandatory security training for all humanitarian personnel working in the field would greatly increase the security situation and their ability to protect themselves.
Cyclones and Humanitarian Crises: Pushing the Limits of R2P in Southeast Asia
Authors: Caballero-Anthony Mely , Chng Belinda
Published: July 2010

The devastating cyclone that hit Myanmar in May 2008 and the lack of immediate action on the part of the military junta to respond to the humanitarian crises triggered not only international dismay but renewed debates on the utility of the R2P. But given the lack of international consensus on the R2P on the one hand, and the urgency to act to provide humanitarian relief and protection on the other, this paper argues that it is about time that a R2P variant be explored—if indeed the ultimate objective of the R2P is the protection and promotion of human security. This paper therefore examines the idea of a R2P-Plus that is responsive to different kinds of human security threats, such as those caused by intentional state neglect in times of natural disasters, and sensitive to the political context in Asia. The notion of a R2P-Plus is aimed at finding convergence between the advocates of the strict interpretation of the R2P and those who argue for an R2P that is more attuned to the realities of Asia.
Myanmar, the Responsibility to Protect, and the Need for Practical Assistance
Authors: Haacke Jürgen
Published: July 2010

This paper is concerned with the invocation of the responsibility to protect (RtoP) in the face of the Myanmar authorities' problematic response to Cyclone Nargis. It is animated by four main questions: (1) What were the dynamics leading to calls for the application of the responsibility to protect? (2) In what ways did the invocation of the RtoP affect the provision of humanitarian assistance to cyclone survivors? (3) How has the international response to Cyclone Nargis compared to the way in which Western powers in particular have responded to Myanmar's armed ethnic conflict? (4) What implications and conclusions follow from the Myanmar case for putting RtoP into practice? The article argues that while the applicability of RtoP was much in doubt with respect to the aftermath of Cyclone Nargis, its principles nevertheless served as a rhetorical device for Western countries to influence both Naypyidaw and ASEAN as regards the practical need of facilitating humanitarian relief. Noting the available diplomatic support Myanmar enjoys in the UNSC, the paper suggests that the variation characterizing the international response to Myanmar's practices in the Ayeyawady delta and in the ethnic areas is also partly due to the different scale of fatalities and insufficient independent verification of claims regarding atrocity crimes. Generally, the Myanmar case has nevertheless accentuated the need for considering further what practical assistance regional and international actors can render to protect those that are or may become caught up in atrocities.
Assessing Polemics, Principles and Practices: China and the Responsibility to Protect
Authors: Teitt Sarah
Published: July 2010

This article offers an overview of subtle yet significant shifts in Beijing's stance on non-interference and evolving standards of responsible and responsive international engagement in humanitarian crises to highlight China's firm, but cautious, support for the responsibility to protect (R2P). Although it is reticent to apply sanctions and objects to nonconsensual force, China has clearly and consistently affirmed the R2P principle and issued corresponding statements in favor of bolstering the UN's capacity to avert mass atrocity. China's statements provide a basis for Beijing to play a constructive, if reserved, role in translating the responsibility to protect from principle to practice. This article argues that the path of most promise and least resistance for consolidating China's support for implementing the responsibility to protect is paved in practical engagement rather than polemics. It concludes with specific measures that may be taken for China to contribute to upholding the global pledge to protect populations from genocide, ethnic cleansing, war crimes and crimes against humanity.
China's Non-Intervention Question
Authors: Pang Zhongying
Published: July 2010

While it continues to adhere to the rule of 'non-interference/non-intervention' in the internal affairs of other countries, in a rapidly changing world, a steadily rising China is exploring how it can play a more constructive role in relation to international engagement with major political and humanitarian crises. The transformation of China's role in relation to international intervention has been driven by the nation's growing integration into the global political economy. To date, however, China has still not become deeply involved in unilateral or multilateral coercive intervention, but has in recent times selectively participated in international efforts mandated by the UN Security Council and has also joined or organized many regional efforts. Facing big challenges, great pressures and many uncertainties, China has to balance its traditional commitment to 'non-interference' with its responsibilities as a great power.
A Bird in the Hand is Worth Two in the Bush – On the Assumed Legal Nature of the Responsibility to Protect
Authors: Strauss Ekkehard
Published: July 2010

Based on the jurisprudence of the International Court of Justice that resolutions of the General Assembly can only create legal provisions in exceptional circumstances, the review of the negotiation history of the Summit Outcome Document and the recent practice of the General Assembly, the Security Council and the Human Rights Council related to the implementation of the agreement on the responsibility to protect leads to the conclusion that no new collective legal obligation has been created. Instead, the responsibility offers an opportunity to improve the implementation of existing legal obligations to protect populations from genocide, war crimes, crimes against humanity and ethnic cleansing. If used for the development of a continuum of civil and military action to prevent and halt only these exceptional crimes, the necessary practice and opinio juris might be created over time, to establish the responsibility to protect as a norm of international customary law.
Regionalising the Responsibility to Protect: Possibilities, Capabilities and Actualities
Authors: Haugevik Kristin
Published: July 2010

This article discusses what role regional organisations can and should play in ensuring implementation of the international Responsibility to Protect (R2P). What formal responsibility and which enabling capabilities do regional organisations have for assuming a role in protecting populations from mass atrocities? The article begins by discussing the formal role projected for regional organisations in the implementation of R2P, individually and vis-à-vis the UN, in the 2005 UN World Summit Outcome Document. The description of this role is then compared to the one depicted in the advisory 2001 report of the International Commission on Intervention and State Sovereignty (ICISS). The second part of the article offers an overview of relevant capabilities held by key regional organisations in Europe, Africa, the Americas, and Asia, capabilities that could enable them to take part in protection tasks prior to, during, or in the aftermath of mass atrocities. In the third part of the report, the capability aspect is seen in relation to the constitutive and constraining impact that individual member states' interests may have on the ability of regional organisations to act within the context of R2P.
Forced Migration, the Refugee Regime and the Responsibility to Protect
Authors: Martin Susan
Published: July 2010

Forced migration has many causes and takes many forms. People leave because of persecution, human rights violations, repression, conflict, natural and human-made disasters, and environmental hazards. Through most of the 20th century, international protection was focused—if at all—on persons who had crossed international borders in seek of refuge from war and persecution. This article asks if the responsibility to protect concept—applied heretofore to persons displaced by conflict and repression—could usefully provide a framework for determining who among the broader category of forced migrants should be of concern to the international community. It sets out criteria under which the refugee regime would appropriately be the mechanism through which the international community would respond to these new displacements. I argue that the UN High Commissioner for Refugees has evolved to protect persons whose own governments cannot or will not provide such protection. Other UN and international agencies, such as the International Organization for Migration, have a demonstrated capacity to provide assistance to persons displaced by natural disasters and environmental hazards, but only UNHCR has a history of providing protection to displaced populations.To the extent that States are unwilling to protect their own citizens who are displaced from these causes, the refugee regime would legitimately have a role to play in advocating for and, when possible, assisting and protecting these forced migrants.
Something Old, Something New, Something Borrowed … Something Blue? The Protection Potential of a Marriage of Concepts between R2P and IDP Protection
Authors: Mooney Erin
Published: July 2010

Recent proposals pin hopes on the 'responsibility to protect' (R2P) as holding tremendous promise for the protection of internally displaced persons (IDPs). This essay examines the relationship between R2P and IDP protection and explores the protection potential – and possible limitations – of marrying these two concepts. It traces their shared normative underpinnings, the historical roots of which run deep, and considers the added value that R2P can bring. It then reviews how the central tenets of R2P borrowed and built upon the conceptual framework that was crafted and cultivated over the preceding decade to guide international efforts for the protection of IDPs. Finally, it considers how R2P holds a potential key to unlock and unblock some of the persistent obstacles to an effective UN response for securing protection for IDPs, at least in certain situations when prompt protective action is particularly critical. The conclusion is that R2P and IDP protection are a good match overall, considering not only their commonalities and thus natural compatibility, but also the important ways in which they differ and can complement one another to ensure a more comprehensive protection response.
Refugees, IDPs and the Responsibility to Protect (R2P): The Case of Darfur
Authors: Adelman Howard
Published: July 2010

During the first decade of the twenty-first century, a campaign developed and succeeded in establishing a new doctrine in international affairs called the 'Responsibility to Protect' which had a prevention and a rehabilitation dimension but was mostly focused on the rights and responsibilities of states to intervene in the domestic affairs of other states when the latter failed to protect their citizens from mass atrocities. Movements grew up around the doctrine to publicise it, analyse it, and ensure its implementation. An example of the latter is W2I, the 'Will to Intervene' which, unlike R2P, did not require UN authorisation for intervention as part of its platform. A key test of the doctrine was Darfur. Yet the study of the case indicates no likelihood of intervention even under the Obama regime that was committed to doing something about Darfur and has put multilateralism at the forefront of its foreign policy. The report concludes by contrasting the huge discrepancy between the rhetorical success in the adoption of R2P as an international norm and the absence of practices consistent with that sweeping victory. The paper suggests that advances in international norms are best indicated, not by the endorsement of general principles, but by the development of actual practices on the ground.
Turning Words into Deeds? The Implementation of the 'Responsibility to Protect'
Authors: Welsh Jennifer
Published: July 2010

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

This article is part of a forum on the report of the United Nations Secretary-General, 'Implementing the Responsibility to Protect', which was released on 12 January 2009. The report was written as a response to 'one of the cardinal challenges of our time, as posed in paragraphs 138 and 139 of the 2005 World Summit Outcome: operationalizing the responsibility to protect'. The forum seeks to provide a range of perspectives on the report. It features contributions from Jennifer Welsh, Hugo Slim, David Chandler and Monica Serrano, and it concludes with a response from Special Advisor to the Secretary-General Edward Luck.
Implementing the Responsibility to Protect: The Power of R2P Talk
Authors: Serrano Mónica
Published: July 2010

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

This article focuses on the interpretation of Directive 2004/35 on the prevention and remedying of environmental damage (Environmental Liability Directive). It singles out eight core issues which are likely to become the subject of future litigation before the European Court of Justice. These are the Directive's scope, exceptions and defences, failures to implement associated Directives, biodiversity damage, orphan damage, prevention, remediation, and enforcement. The analysis is informed by the judicial activism employed by the Court in recent years. The Court's approach has safeguarded the effectiveness of environmental directives, and their compatibility with general principles of EC environmental law. It is argued that the Court will apply a similar teleological approach as regards the Environmental Liability Directive, which should bring about a more stringent regime than its wording at first glance might suggest.
REACH Reviewed under WTO Law
Authors: Charro Pablo , Bronckers Marco
Published: July 2010

This contribution analyses the comprehensive chemicals legislation proposed by the EU Commission, "REACH", from the perspective of WTO law. First, it inquires whether the treatment of foreign substances and foreign articles in REACH can be reconciled with one of WTO's key requirements, i.e., non-discrimination. Second, it tests specific aspects of the registration obligation established by REACH (i.e., the "volumes-driven" approach, the follow-up to the registration process, the underlying foundations of REACH's cost-benefit analysis) against the proportionality rule embodied in the WTO's Agreement on Technical Barriers to Trade. Third, it asks whether the protection of confidential business information in REACH is compatible with the WTO rules on intellectual property protection (notably, the TRIPS Agreement). It results from the present analysis that REACH poses considerable challenges not only under EU law, but also under WTO law.
The Impact of the EU Air Quality Standards on the Planning and Authorisation of Large Scale Infrastructure Projects in the Netherlands
Authors: Koeman Niels , Fleurke Floor
Published: July 2010

The implementation of the first Daughter Directive on Air Quality had a considerable effect on decision-making concerning large scale infrastructure projects. It was the Dutch administrative court that enforced the air quality standards in the Netherlands by ruling that the limit values are absolute standards to be applied at all levels of decision-making. Faced with the consequences of this interpretation the Dutch government tried to soften the economic and social effects of the court's policy. This analysis of the debate that followed illustrates the two opposing approaches. The first approach is to interpret EC air quality standards literally, meaning that the limit values have to be applied by all competent authorities. Those supporting the second approach argue that the limit values must be attained, in the first place, by national measures dealing with the sources of pollution, making use of technical solutions. The Dutch government has shifted slightly from the first to the second approach, as is clear from the Air Quality Order of 2005. However, it remains doubtful whether this will be sufficient to lift the current deadlock on infrastructure projects and attain the environmental limit values.
Planning and Approval of Large Scale Infrastructure Projects in Germany
Authors: Schütte Peter
Published: July 2010

The planning and approval of large-scale infrastructure projects in Germany follows - in general - the rules and regulations of a planning approval procedure according to the administrative procedure laws and the respective specialised planning law. The planning approval decision is a discretionary decision of the relevant competent authority. It integrates all necessary permits with respect to the project applied for. Therefore, the planning procedure is highly complex and sometimes extremely time-consuming. In exchange, the planning approval decision offers a high degree of legal certainty generally including the right of expropriation.
The Water Service in Italy
Authors: Cimini Salvatore
Published: July 2010

This paper describes and analyses how the organisation and management of water services in Italy has changed since the reforms introduced by Law No. 36/1994 (the so-called Galli Law). These reforms recognised that the most important public objective for the Italian water services is to achieve an efficient, effective and economic management system. To reach such result, the Galli Law reunified all the different water services, such as aqueducts, purification systems and sewers in a single integrated water service based on optimum territorial domains intended to overcome the fragmentation inherent in the existing management systems. Furthermore, it made a clear distinction between the role of guiding and monitoring activities (entrusted to a domain authority) and the effective management (to be entrusted, instead, to public, private or mixed public-private companies). However, as will be noted in this paper, due to the many tensions between the national and EU rules, the transfer of the integrated water services provision to managing companies still has not been completed. Mostly for this reason, a decade after the Galli Law came into force, the reform still remains to be completed.
Waste Management Law in Greece: Characteristics, Challenges and Shortcomings
Authors: Haidarlis Marios , Sifakis Antonios
Published: July 2010

Waste management law in Greece is characterized by an effort to adapt to the requirements of European Community waste management law. Late transpositions, cumbersome administrative procedures, a focus on technical standards and a policy based primarily on controlled disposal have dominated Greek waste management law until its most recent third modification which simplified and clarified procedures considerably. The legal framework in relation to recovery of packaging and packaging waste and "other waste products" was recently put in operation and shows some positive results. A major legislative effort is still required to update Greek waste management law at the proper legislative level.
Waste Management in the Czech Republic
Authors: Valentova Eva
Published: July 2010

Major changes have taken place in the Czech waste management system based on national waste treatment legislation adopted in 2001. This legislation revised the interpretation of essential terms, including "waste", so as to reflect new developments in the field of EU waste management. It also adopted new strategies in the area of waste classification and waste management; as a fundamental principle, waste recovery is now given priority over waste disposal. Waste management plans have become a critical component of the Czech waste management system. The powers and responsibilities of municipal councils and State authorities have also been re-organised.
Bans on the Use of Genetically Modified Organisms (GMOs) - the Case of Upper Austria
Authors: Palme Christoph
Published: July 2010

On 5 October 2005 the Court of First Instance' ruled on the admissibility of the so called 'Upper Austrian Law banning genetic engineering' It was the the first decision of an EU-Court to deal with the issue of co-existence between the cultivation of GMO and GMO free plants, the establishment of GMO-free areas and securing biodiversity.2 There is a fierce battle going on between some EU Member States reluctant to use GMOs and the European Commission,3 which is responsible for ensuring the proper implementation of the Community acquis relating to GMOs. As the trade partners of the EU are pointing to their obligations under international trade law,4 the judgment tackles also a controversial issue of international trade law. The Court upheld the contested decision of the Commission which had rejected the notified Austrian rules.5 Apart from considerations on the GMO issue the ruling is also important as it sets out clear limits concerning the derogation from EU harmonisation measures generally. Both the Commission and the Court found that the conditions for derogation under Article 95(5) EC Treaty were not fulfilled. Even though the Commission and the Court under the current state of Community law6 did not have any other option than to reject the Upper Austrian draft Law, the reasoning behind this finding was in many respects not very convincing.
The Impact of Changes in Planning Legislation on Investment Processes in Poland: Selected Issues
Authors: Wieczorkiewicz Piotr , Czechowski Pawel
Published: July 2010

In 2003, major amendments were introduced to the Polish legal system concerning planning, spatial development, construction and other related issues, including a completely new Act on planning. Two years following the amendments this article is aimed at outlining the current spatial development legal framework, nature and general direction of changes as well as selected practical effects of the changes on the planning, both beneficial and adverse. In particular, the article deals with the impact which current Polish planning and related laws have on investments, both private and public.
Renewable Energy Sources in European Law: an Overview
Authors: Oschmann Volker
Published: July 2010

This article gives an overview of the European legal framework on renewable energy sources, that is those European legal provisions whose objective is to increase the exploitation of renewable energy sources in the production of electricity, heating and cooling, as well as fuel for transport. Although renewable energy sources are not an explicit matter for primary European law, it is clear, particularly given climate change and increasing dependency on energy imports, that they are gaining increasing importance in secondary European law and at Member State level.
The Production of Electricity from Renewable Energy Sources as a Public Service Obligation
Authors: Rusche Tim Maxian
Published: July 2010

The article analyses whether electricity production from renewable energy sources can be the object of a public service obligation. This question is of particular importance for the State aid assessment of payments to producers of electricity from renewable energy sources. Such payments typically occur under so-called feed-in tariffs, which are a regulatory mechanism used in most Member States to promote the production of electricity from renewable energy sources. The author argues that there are compelling reasons for considering that Member States can introduce public service obligations with respect to the production of electricity from renewable energy sources, and that compensation payments granted are exempted from the notification obligation under Article 88(3) EC treaty, if the beneficiary undertaking receives not more then 30 million EUR per year as compensation, and if its turnover does not exceed 100 million EUR. Should these thresholds be exceeded, the compensation payments need to be notified to the Commission. The Commission will then assess them under the Community framework for public service compensations, which has been adopted in November 2005.
World Trade Law and Renewable Energy: : the Case of Non-tariff Measures
Authors: Howse Robert
Published: July 2010

Over the last two decades, trade and environment issues have typically been a source of intense controversy and conflict in the world trading system. Renewable energy, however, represents an area where we believe that freer less-distorted trade and environmental protection have the potential to be mutually reinforcing. Historically, electrical energy itself has not been traded across borders, with some exceptions (Canada and the US and in the EU). However, with the de-monopolisation of electricity in an increasing number of jurisdictions, and the unbundling of functions such as generation, grid operation, transmission, and retailing as well as the development of financial instruments such as futures and options contracts for energy, the structure of the entire market is starting to change, complicating the analysis under WTO law. This article aims to raise questions and suggest areas where domestic and international policymakers may need to consider undertaking further analysis.
Exemptions from Statutory Water Management Objectives: Requirements, Spheres of Responsibility, Unresolved Implementation Issues
Authors: Ginzky Harald
Published: July 2010

Pursuant to Sec. 25a-d, 36, and 36b of the Federal Water Act (Wasserhaushaltsgesetz) all water management objectives and the consequent implementation measures are to be elaborated by 31 December 2009. The characterisation that was realised in 2005 showed that many problems have yet to be resolved, and that they can only be resolved at great expense. In view of this fact, it would be desirable to allow exemptions from specific water management objectives in special cases. The criteria such exemptions must meet are set forth in Sec. 25c-d of the Federal Water Act. The present report argues that these criteria should be interpreted in such a way as to ensure that exemptions are allowed in exceptional cases only, and in a manner that is consistent with the provisions of the Water Framework Directive.
The Transfer Rule in the German Emissions Trading System
Authors: Ehrmann Markus , Greinacher Dominik
Published: July 2010

The Allocation Act of the German Emissions Trading System offers an interesting 'transfer rule' which is unique in European Emissions Trading System: A plant operator may transfer the allocated emission allowances of a decommissioned facility to a new installation, if this installation replaces the old facility. Former Federal Environmental Minister Jürgen Trittin stressed, that this rule provides a major incentive for the renewal of the German power plant fleet by the erection of highly efficient new facilities. These modernisation efforts could make a major contribution to climate protection efforts. It can thus be expected, that a similar rule will also be implemented in the recently discussed Allocation Act for the next allocation period 2008-2012. It is thus worth exploring the details for the application of this rule.
Directive 2006/32/EC on Energy End-Use Efficiency and Energy Services: Realising the Transition to Sustai nable Energy Markets?
Authors: De Geeter Anne , Boute Anatole
Published: July 2010

The promotion of energy end-use efficiency is central in the European policy on climate change, security of supply and completion of the internal energy market. Accordingly, Directive 2006/32/EC aims at removing the barriers that prevent the efficient use of energy and creating a market for energy services. In this respect, it promotes energy efficiency mechanisms such as financing and informative instruments, public procurement requirements and voluntary agreements. This article argues that by creating a market for energy services, Directive 2006/32/EC adopts a free market environmentalism' approach, but fails to establish the conditions required to ensure the viability of such market. Nevertheless, the mechanisms it proposes are likely to contribute positively towards sustainable energy markets.
The New Instruments to Achieve Sustainable Territorial Development in the EU
Authors: Parejo Navajas Teresa
Published: July 2010

Despite the EU's lack of competence on spatial planning, mainly due to the Member States' reluctance to give up some of their sovereignty in this area given the strategic nature of territory, a pan-European approach providing solutions to all its problems has become urgent and necessary. Moreover, the accession of 10 new Member States has entailed an enlargement of the EU territory, requiring a deeper analysis of the new situation which has led to the emergence of 'sustainable territorial development' as the common element between the multilevel relationships set by the European Governance White Book of the European Commission and the provisions of the ESDP. In fact, with the preparation of this and other European soft law documents, the EU has found an effective type of instrument to deal with the territorial problems without requiring any competences in the area of spatial planning for its actions. In this way, a clearer means of achieving the emerging objective of sustainable territorial development has been developed.
The proposed Amendments to the German Biotechnology Law: Progress or Setback for Biotechnology in Germany?
Authors: Burchardi Jan-Erik
Published: July 2010

On 8 August 2007 the German federal government has approved a draft legislative package introducing changes to the biotechnology laws and regulations. This is already the second time the current government has amended the rules and procedures regarding genetically modified organisms (GMOs). The new draft is aimed at fulfilling the government coalition agreement to advance research and application of biotechnology in Germany. This article will provide an overview of the proposed amendments and briefly analyse to what extend the aim of advancing biotechnology has been achieved. The author argues that the draft introduces a number of amendments with the potential of advancing biotechnology research and of appeasing the farming community on the issue of cultivation of GMOs. However, a number of fundamental policy choices regarding biotechnology have been left unaltered. The author therefore concludes that this draft does not lead to a paradigmatic change regarding biotechnology policy in Germany.
Taming the Precautionary Principle in EC Law: Lessons from Waste and GMO Regulation
Authors: Cheyne Ilona
Published: July 2010

The precautionary principle is a cornerstone of the EC's environmental policy and one of the guiding principles in the Waste Directive and GMO legislation. However, there appears to be a shift away from the use of the principle in these policy areas and a re-evaluation of the relationship between it and the commercial activity that it helps to regulate.
Habitats Directive and Environmental Assessment of Plans and Projects
Authors: Ureta Agustin Garcia
Published: July 2010

The article analyses the mechanism for the assessment of the effects of plans and projects on special protection and conservation areas, as required by the Habitats Directive. It examines the case-law of the European Court of Justice concerning the criteria that require the carrying out of the assessment. It also examines the generous and in certain cases open-ended exceptions that may be invoked by the Member States in order to execute a plan or project despite its negative effects on the areas concerned, and the different opinions delivered by the European Commission when considering whether those exceptions have been correctly adopted by the Member States in the case of sites containing priority habitats or species.
Nature Conservation and Landscape Protection Including the Natura 2000 Network in the Czech Legal System
Authors: Stejskal Vojtêch
Published: July 2010

The Czech Republic has been a party to most of the important multilateral international nature conservation and biodiversity protection agreements. In 1992 there was adopted the Act No. 114/1992 Coll., on nature conservation and landscape protection. This Act is the basic Act in the area of nature and biodiversity protection and management in the Czech Republic. The Act and the providing legislation are only partially compatible with the EC secondary law, namely Habitats and Birds Directives. But the most problematic issue is an enforcement of nature protection law in practice.
A Flawed Prospectus?
Authors: Watchman Paul Q. , Delfino Angela , Davis Andrew N.
Published: July 2010

The purpose of this article is to assess the adequacy of disclosure requirements for environmental information. Beginning with listing rules and market disclosures, it then analyses disclosure from the viewpoint of accountancy standards, corporate governance and requirements for pension fund trustees, and finally, voluntary standards of disclosure and de facto or ad hoc disclosures occurring in different sectors of industry. It is argued that it is beyond doubt that environmental information is an important source of financial information. As such, it should be disclosed in a uniform manner and on a regular basis because of its potential impact on investment decision-making, company value and the viability and profitability of businesses. It follows that there should be an end to the uncertainty concerning the question of the "materiality" of environmental information, its disclosure and an acceptance of the need to disclose it. The failure to require specific disclosure of environmental information, and the general failure by corporations to accept the materiality of environmental information in light of other legislative developments in the field of investor protection, is viewed as a major weakness. Providing such important information to investors ought to be an obligation on listed companies. To overcome this significant weakness, specific and if possible, uniform disclosure rules for environmental information must be adopted generally.
Strengthening Environmental Protection through European Criminal Law
Authors: Zeitler Helge Elisabeth
Published: July 2010

Environmental crime has been a topic discussed in international fora for many years. In February 2007, the European Commission presented a proposal for a Directive on Environmental Crime. This is not the first legislative instrument in the area at the level of the European Union. But for reasons that go far beyond the environmental content of this proposal, its discussion in the Council, which was taken up in March 2007 under the German Presidency, will be most controversial and of particular interest not only to environmental lawyers.' The following article aims at providing some background on the fight against environmental crime at the international and European level by giving an overview over the content of the draft directive (I) with a focus on particularly controversial aspects (II) and finally looking at the institutional setting in which discussion of the proposal will take place in the Council and in the European Parliament (III).
Deploying Carbon Capture and Storage in Europe and the United States: A Comparative Analysis
Authors: Gibbons Andrew J. , Wilson Elizabeth JI.
Published: July 2010

Carbon capture and storage could play an important role as a near-term bridging technology, enabling deep reductions from greenhouse gas emissions while still allowing use of inexpensive fossil fuels. However, filling this technological promise requires resolution of key regulatory and legal uncertainties surrounding both human and ecological health, integration within a larger climate policy, and clear assignment of responsibility and liability for long-term care. Deployment of CCS projects in the European Union (E.U.) and the United States (U.S.) may be technologically similar, but will be contextually different. In this paper, we explore the existing energy, policy, regulatory and legal climates that will necessitate different approaches for deployment. The high U.S. dependence on coal makes CCS very important if the U.S. is to achieve deep emissions reductions, while in the E.U. an established climate policy, the importance of off shore projects, and a supportive political climate are favorable to CCS deployment. Additionally, in Europe, regulators must clarify the classification of CO2 within E.U. and international regulations governing on and offshore projects, whereas in the U.S. subsurface property rights, abandoned wells, and state-level jurisdictional difference will play important roles.
Geosequestration in Australia: Existing and Proposed Regulatory Mechanisms
Authors: Fahey James , Lyster Rosemary
Published: July 2010

Geosequestration1 involves the capture (from power stations and other facilities) and storage of carbon dioxide for very long periods of time in underground geological formations. This article is concerned with key legal and regulatory issues associated with establishing and operating geosequestration projects in Australia. It highlights the recent increased interest in, and raised profile of, using geosequestration as a greenhouse gas abatement measure in Australia. It reviews the cooperative efforts of the States, Territories and the Commonwealth to develop a nationally consistent regulatory framework for geosequestration projects, using existing petroleum legislation. These efforts have been driven by a lack of existing Australian legislation that provides an adequate and discrete regime dealing with the issues of responsibility and liability for geosequestered gas, although the release of draft legislation in this area is now imminent. It assesses some State legislative attempts to allow for the underground storage of carbon dioxide, and argues that these fail to satisfactorily deal with the long term (indefinite) nature of the storage aspect of geosequestration projects. Finally, this article examines the States' and Commonwealth's powers to legislate in respect of the injection and storage of carbon dioxide.
Is CO2 capture and storage ready to roll?
Authors: Groenenberg Heleen , Flach Todd , Sigurthorsson Gudmundur , Curnow Paul , Anderson Jason , de Coninck Heleen , Reiner David , Shackley Simon , Norton Christopher
Published: July 2010

Within the context of rising overall awareness of the climate change problem, CO2 capture and storage has risen rapidly on the policy agenda. Some Stakeholders have suggested that technology, cost and legal questions around CCS are all but solved. However, while policymakers embark on the agreement of national, European and international legislation on CCS, a number of challenges arise. This paper reviews the progress of CCS towards a legally embedded mitigation option, and identifies three major conditions for the acceptability of CCS deployment: social acceptance by stakeholders and the lay public, robustness of economic and cost data, and legal and regulatory consistency. Technical maturity and reliability are important crosscutting issues that need to be fully addressed before any of the other areas can be solved. It is concluded that, although legal and regulatory issues are close to being resolved, the role that CCS may play in the global energy system has likely been overestimated in system models, which is partly due to transparency and information problems. In addition, resistance from environmental organisations may have to be reckoned with and social acceptance of CCS remains one of its most prominent unknowns.
Road Planning in Europe - a Case Study (Part II)
Authors: Rubel Riidiger , Silbermann Eva I.
Published: July 2010

The following text contains the third and last section of the general report on national road planning procedures in the EU which originally was compiled as discussion paper for the 20th colloquium of the Association of the Councils of State and Supreme Administrative Jurisdictions of the European Union.1 The first two sections examined the different administrative and judicial procedures applicable to road planning in the EU Member States. The following last section deals with the influence of EU environmental legislation (Fauna-Flora-Habitat, Bird Protection, Environmental Impact Assessment and Ambient Air Directives) on national planning decisions.
Introduction of a Relativity-related Requirement in Dutch Administrative Law
Authors: Jurgens Gerdy
Published: July 2010

For several years, there has been a discussion on whether it is desirable to introduce a relativity-related requirement in Dutch administrative law. Cases of environmental law and planning law, in particular, are used to suggest that the lack of any kind of protective norm doctrine in Dutch administrative law means that the possibilities for legal protection are sometimes not properly used. This article analyses whether the introduction of some kind of relativity-related requirement is possible in the light of European Community law.