bluuebunny/crossref_metadata_2025 huggingface dataset:
Legislating e-waste management: progress from various countries
Authors: Sinha-Khetriwal Deepali , Widmer Rolf , Schluep Mathias , Eugster Martin , Wang Xuejun , Lombard Ray , Ecroignard Lene
Published: October 2020

Electrical and electronic equipment pervades modern lifestyles and its usage is growing rapidly around the world. Quick obsolescence and newer functionalities are resulting in huge quantities of these products become waste. This fast growing waste stream has been subject to regulations based on the concept of extended producer responsibility in several countries, mainly in Europe. This paper looks at the progress of legislating this particular waste stream with special emphasis on the three countries, namely China, India and South Africa, within the framework of the Swiss global e-waste programme, after looking briefly at the status of transposing the WEEE Directive (waste electrical and electronic equipment) in Europe.
EcoTopTen – innovations for sustainable consumption
Authors: Graulich Kathrin
Published: October 2020

Buying green products is neither easy for private consumers nor for public procurement authorities. Besides the common belief that green products are generally more expensive than conventional products there is the overall difficulty to identify green products. Therefore, the aim of the EcoTopTen campaign is to deliver a market survey of the most energy efficient products in Germany. Most of the analysed product groups deal with energy using products (EuP): refrigerators, freezers, washing machines, tumbledriers, cookers, televisions, notebooks, flat panel displays, printers, boilers and lighting equipment. For each product group, Oeko-Institut develops minimum criteria relating to environment, quality and costs. The criteria are based, as far as possible, on existing labels and product tests, like the European energy label, the German eco-label, as well as labels for green electricity or product tests published in the journal of the German “Stiftung Warentest”. EcoTopTen goes far beyond existing labels and consumer information schemes: it integrates environmental and quality aspects as well as annual life cycle costs. In doing so, Oeko-Institut promotes the further development from environment labels towards sustainability labels. At the same time, EcoTopTen already works in a similar way as the one set in the requirements of the European Directive on Energy using Products (EuP) and thus delivers valuable experiences in this field. Additionally, Oeko-Institut promotes sustainable product development: sustainable innovation goals are communicated to manufacturers showing which advanced criteria relating to environment, quality and costs should be met by products in a few years. With EcoTopTen, Oeko-Institut finally provides a practical basis for policy approaches, e.g. similar to the Japanese Top-Runner concept. This concept makes environmental performance values of today’s most efficient products binding as a minimum standard for products in a few years – EcoTopTen gives an overview on today’s most efficient products.
The power of green public procurement
Authors: Michielssen Jill
Published: October 2020

Europe's public authorities spend the equivalent of approximately 16% of the EU's GDP on purchasing goods and services. It is therefore crucial that public procurement takes into account environmental protection if the EU is to achieve its Kyoto Protocol target of reducing greenhouse emissions by 8% from 1990 levels, by 2012. “Green” procurement can also contribute significantly to the EU's Strategy for Growth and Jobs. The EU has been legislating on public procurement since 1971 but in 2004, it adopted a new series of public procurement directives which make it absolutely clear that public authorities can take into account the environment when procuring goods, services and works. In 2003, a European Commission study showed that if all public bodies in the EU switched to green electricity, they would avoid more than 60 million tonnes of CO2 emissions per year, thus contributing towards 18% of the EU’s Kyoto target. Each year, the public sector buys more than 2.8 million PCs. If it started purchasing energy-efficient desktop computers, another 830 000 tonnes of CO2 would be prevented, which would bring us an additional 0.25% closer to the Kyoto goal. Other environmental benefits include more sustainable use of natural resources, waste prevention and recycling, and more sustainable cities.
Buying Green – a European Commission handbook
Authors: Michielssen Jill
Published: October 2020

The European Commission has published a Handbook entitled "Buying Green" which explains in clear non-legal terms how to include environmental criteria in the different stages of a public procurement procedure.
A balanced appraisal? Impact Assessment of European Commission proposals
Authors: Owens Susan
Published: October 2020

Decision makers need to be informed about the likely consequences of projects, plans, policies and regulations. This principle has been embodied for many years in procedures like environmental impact assessment and risk assessment. More recently, theory and practice in the field of impact assessment have been influenced by three important trends (the need for a more strategic approach, ‘better regulation’ and more integrated forms of assessment), all of which are evident within (though not restricted to) the European Union. As these developments gain momentum, it is an opportune moment to reflect upon the purpose, practice and effectiveness of impact assessment. We have much to learn from the substantial achievements of well-established procedures such as EIA. But as new approaches, methodologies and guidelines proliferate we may be in danger of losing touch with the fundamentals. How, for example, should we conceptualise the role of impact assessment in policy- and decision-making? Questions like this one are relevant for assessment at all levels of governance, but they are explored here primarily with reference to integrated impact assessments of European Commission proposals (henceforth referred to as ‘IA’). The paper sets out the policy background to this system, and considers the guidelines developed by the Commission for the conduct of such assessments. The paper then turns to experience with IA to date, particularly in relation to the questions identified above. It also proposes a set of principles, which should form a basis for impact assessment if it is to fulfil its role as an element of good governance.
Amended Comitology Decision strengthens Position of European Parliament
Authors: Roller Gerhard
Published: October 2020

Comitology committees are characterized by the fact that they are established by a basic instrument by the Council; they operate according to a specific legal procedure and deliver opinions on draft implementing measures submitted to them by the Commission. Members of the committees are civil servants of the Member States. The overall number of committees has risen significantly in recent years. Today, the environmental sector has become one of the most prominent fields in terms of the application of comitology decisions. After intensive debate and negotiation, an amended Comitology Decision came into force on 23 July 2006. The enacted Decision differs considerably from the Commission’s original proposal, as well as from the modified Commission’s proposal of 2004. According to the author, the amendment that was ultimately adopted has to be considered as a substantial step forward in putting the Parliament on an “equal footing” with the Council in the comitology procedure. The Parliament now disposes of a real veto right, at least in cases of “excès de pouvoir”.
The Aarhus Convention in operation: EEB Survey Initial Results
Authors: Hallo Ralph
Published: October 2020

The Aarhus Convention is generally recognised as the most important international legal instrument in the field of environmental rights. All 27 EU Member States (with the exception of Slovakia) and the European Union have signed the Convention and all of these signatories (except Ireland) have now ratified the Convention. The Convention is generally described as having three pillars: access to information, public participation and access to justice. The EU prepared for ratification by adopting two directives and proposing a third, one for each of the three pillars (collectively, ‘the EU’s Aarhus Convention directives’).
The EEB (the European Environmental Bureau) has been actively involved, over many years, in efforts to develop and use the Aarhus Convention. Two years after the deadline for transposition of the Information Directive and a year and a half after the deadline for transposition of the Public Participation Directive, the EEB determined that the time was right to launch an investigation into the initial experience with the implementation and use of the two directives. The EEB also wished to examine experiences with access to justice and the need for the currently stalled proposal.
Public Interest Litigation in Environmental Matters: A German Perspective
Authors: Schaffrin Dora , Mehling Michael
Published: October 2020

Environmental protection has invariably become one of the central challenges facing modern societies and, by extension, their respective states. Constitutionally endowed with judicial powers, states also have a mandate to guarantee the rights and duties arising from legislation on the environment, including, if necessary, their enforcement. In the process, public interest litigation in environmental matters has acquired growing importance as one important means of achieving this objective. By describing the legal framework for public interest litigation, this article seeks to shed light on an important channel of environmental protection in Germany, whose role in countering environmental pollution and other forms of damage to public goods prior to serious and irreversible deterioration has been consistently on the rise. Against this background, the aim of the article is to provide an introduction to German experiences with public interest litigation in environmental matters, both with a view to its success to date and also to more critical aspects.
The Economic Cost of Environmental Legislation: Looking at the German Standard Cost Model Measurement and the EU Action Programme for the Reduction of Administrative Burdens from an Environmental Law Perspective
Authors: Gebauer Jochen
Published: October 2020

Is environmental regulation more likely to result in additional “transaction costs” than other policy areas? Are the costs of environmental legislation perceived differently? Why are businesses apparently less prepared to accept administrative costs in the field of environmental legislation, whereas they readily accept relatively high administrative costs in other areas?
This article provides a brief description of the idea and the basic principles of the Standard Cost Model, of the German SCM Measurement Process including the results from Germany and of the ongoing EU SCM Measurement Process. It also looks at the specific role of environmental legislation in the political context of Better Regulation and the possible impact that the recent political focus on SCM and administrative cost (as a part of regulatory cost) may have on new and existing environmental regulation and on the implementation of environmental policies.
The Toxic 100: Ranking Corporate Air Polluters in the United States
Authors: Boyce James K. , Ash Michael
Published: October 2020

Emissions of toxic air pollutants from industrial facilities pose significant health hazards to neighbouring communities. Researchers at the Political Economy Research Institute (PERI) in Massachusetts have developed “The Toxic 100”, a ranking of top corporations operating in the United States based on the total human health risk resulting from this air pollution.
Environmental penalties in Italy
Authors: Brambilla Paola
Published: October 2020

This article discusses environmental penalties in Italy with a particular focus on their history. Furthermore, it discusses the non-cohesion of penalties, Italian law on environmental crimes, administrative penalties in Italy, assignment of jurisdiction to Italian courts, the statute of limitation in Italy, jurisdiction profiles in Italy and the compensation for environmental damage.
The EU Waste Shipment Regulation and the need for better enforcement
Authors: Ormond Thomas
Published: October 2020

The European Community regulation on shipments of waste which was adopted in May 2006 is now in application since 12 July 2007. Although one of the more voluminous instruments of EU environmental law – with 64 articles and 9 annexes – it was intended as a means of better legislation in comparison with the old Waste Shipment Regulation dating from 1993. The main purpose of the revision was to transpose recent changes of international law into EU legislation, as well as to harmonise, restructure and streamline the legal text in order to achieve greater clarity. Another objective, not least due to later insertions by the European Parliament during legislative proceedings, was to strengthen effective enforcement on various levels. However, against a rising tide of waste shipments or dubious “used goods” ending up as waste in developing countries, the EU regulation has yet to prove that it is an effective instrument of environmental protection on an international scale.
‘New Age’ Trade Agreements and their Possible Contribution to Toxic Trade
Authors: Gutierrez Richard
Published: October 2020

Over the past seven years, a spate of bilateral “new age” economic partnership accords have been struck between Japan and the Association of Southeast Asian Nations (ASEAN) and several of its members namely: Brunei, Indonesia, Malaysia, Philippines, Singapore, Thailand and Vietnam. These agreements were seen as Japan’s response to the growing Chinese economic power and influence in the region. The seeds to these agreements were planted in 2002 when Japan began a parallel approach towards building closer economic relations between Japan and the ASEAN community. Japan utilised the moniker “economic partnership agreements” (JEPAs) to call the agreements, which are essentially trade agreements that complement the basic WTO agreements on goods and services, and incorporate areas presently not covered under the WTO called the “Singapore issues” (i.e., investment, government procurement, competition policy, and trade facilitation). These JEPAs have invariably been called “WTO-Plus” agreements and “Mega-Treaties” to evoke their scope and magnitude. Civil society groups voiced concerns over the JEPAs questioning their constitutionality to the impact of the trade related provisions on the local economy. Amidst the din of protests the JEPAs received in Southeast Asia the issue of toxic waste trade resonated with most prominence. The issue of Japan’s intent to make Southeast Asia its toxic waste bin and the ensuing environmental and public health blight that could occur as a result of the tsunami of Japanese toxic wastes caught the public and the government of Japan’s attention.
This article examines the legal provisions under the JEPAs that gave rise to the concerns over toxic waste trade and dumping, and the implications these have on the implementation of multilateral environmental agreements, particularly that of the Basel Convention on the Transboundary Movement of Hazardous Wastes and Their Disposal by the Southeast Asian countries who are parties to the JEPAs.
Intellectual Property Rights, Genetical Resources and Traditional Knowledge: An Approach from the Perspective of Megadiverse Countries
Authors: Berger Filho Aírton Guilherme
Published: October 2020

In recent years, the press has reported on diverse cases of research, appropriation and commercialization by multinational companies of medicines, agricultural seeds and other by-products of biodiversity, without respect for the rights of the native populations and the local communities regarding their territory, their cultural and environmental goods. This practice, known as biopiracy, seeks to obtain the rights of intellectual property, mainly so as to acquire the patent of products and processes derived from research and innovations on the uses of biological diversity which is often guided by study of traditional knowledge. From the “ethnobioprospecting” concept used to explore biological information based on traditional knowledge, scientists have facilitated the discovery of new active principles and new species in megadiverse regions, reducing the time and the costs of obtaining new substances and products. There are high expectations about the uses that could be made of the exploitation of genetic diversity, bearing in mind that most biodiversity is barely studied or known.
As a result there have been intense debates in law and in international relations about the access and intellectual appropriation of biodiversity, and the related traditional knowledge. It is considered a matter of a geopolitical onslaught among, on the one hand, the developed countries, rich in science and technology, with a financial, though poor, abundance of resources in genetic and cultural diversity, and, on the other hand, the developing countries, with scarce technological, scientific, and financial resources, but with the vast majority of the genetic resources and its associated traditional knowledge.
The Legal Nature of the Biodiversity Provisions adopted by the Andean Community
Authors: Murillo Chávarro Jimena , Maas Frank
Published: October 2020

The Andean Community is a South American Regional Organization, nowadays composed of four of the seventeen states richest in biodiversity in the world. The Andean states are home to around 24 % of global biodiversity. Four countries are members: Bolivia, Colombia, Ecuador and Peru.
The Andean Community began taking action in the field of biodiversity in the last ten years. As a result, it has elaborated a “Regional Biodiversity Strategy for the Tropical Andean Countries”, which was developed within the framework of the principles set out in the Convention on Biological Diversity, the Rio Declaration on Environment and Development (Agenda 21) and the Andean Community legislation. The main objective of the Regional Biodiversity Strategy is the conservation and sustainable use of biodiversity as well as the region’s sustainable development. According to the legal system of this regional organisation, decisions are – irrespective of whether they are adopted by the Andean Council of Ministers of Foreign Affairs or the Commission of the Andean Community (the two legislative institutions of the CAN) – part of the Andean legal system. Decisions are legally binding for the Member Countries and directly applicable from their day of publication in the official gazette onwards.
This article explains the definition of soft law, and provides a general description of the Andean Community and its legal instruments. The authors discuss the nature of Decision 523: Should this provision be considered soft or hard law and what are its legal implications?
The European Court of Justice and the Justification of Trade Restrictions for the Benefit of Animal Welfare: A Change of Mind?
Authors: Van Laer Tania
Published: October 2020

This paper investigates whether EU law allows Member States to justify, on the basis of animal welfare, unilateral measures that impose trade restrictions. Since new developments – that might resolve the problem of Member States pursuing a high level of protection of animal welfare – seem to be on their way, it is necessary to highlight the issue both from the traditional point of view as well as from the possible future one. The paper also sets out more extensively the problem with unilateral measures aiming at a high level of animal welfare, at the same time serving as a reminder for the reader of the main principles of the free movement of goods. Furthermore, it describes the established view of the Court of Justice with regard to Art. 36 of the Treaty on the Functioning of the European Union (TFEU) and the rule of reason, and the possible changes under discussion at the moment.
Environmental ELNI EIA Conference in Wrocław
Authors: Urban Sergiusz , Jendrośka Jerzy
Published: October 2020

This article reviews the conference of the Environmental Law Network International (ELNI) dedicated to “EU Environmental Impact Assessment Directive - challenges and perspectives in the light of the past experiences and the recent proposal for amendment”, which took place at the University of Wrocław in Poland on 23 and 24 May 2013. The conference was addressed to both experts from the practice and academics dealing with different aspects of Environmental Impact Assessment (EIA) and brought together almost 250 participants from 24 countries worldwide. The aim of the conference was to review and discuss the recent proposal of the European Commission to amend the EIA Directive and bring it face to face with practical experiences with EIA at international and national level, in particular in the light of the jurisprudence of the Court of Justice of the EU and national courts.
The Appropriate Impact Assessment and Authorisation Requirements of Plans and Projects likely to have significant impacts on Natura 2000 sites
Authors: de Sadeleer Nicolas
Published: October 2020

In 1979 the EU enacted the Birds Protection Directive, and in 1992 a sister directive, Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (the “Habitats Directive”). In addition, a clear commitment to halting the loss of biodiversity in the EU has been made in the Commission’s Communication on Halting the Loss of Biodiversity by 2010 - and Beyond. The aim of this article is to shed a light on the procedural requirements laid down under Article 6(3) and (4) of the Habitats Directive, a key provision for implementing the EU’s system of protecting and preserving biological diversity in the Member States. The contribution examines the assessment procedure and the authorisation scheme. It also takes a look at the possibility for the Member States to authorise a plan or a project adversely affecting the integrity of a protected site. Furthermore, the article examines the relationship between the different impact studies provided for under EU environmental law.
Environmental Impact Assessment and Environmental Quality Standards
Authors: Rehbinder Eckard
Published: October 2020

Article 3 of the EIA Directive (Directive 2011/92) sets out the basic concept of the EIA as a process which shall identify, describe and assess the effects that a particular project is likely to have on the environment. However, if one looks at the following articles of the Directive, the concept of “assessment” seems to have somehow been lost. In particular, Article 8 of the EIA Directive only requires that the results of consultations and the information gathered pursuant to Articles 5, 6, and 7 shall be taken into consideration in deciding on granting consent for the project. This duty to consider relates to the environmental impact report submitted by the developer (Article 5) and the information and views gathered in the consultation of interested authorities, the public at large and, where applicable, foreign authorities (Articles 6 and 7). However, Article 8 of the EIA Directive does not formally require the assessment of the project also to be taken into consideration. Although in the case “Commission v. Ireland” of 2011 the European Court of Justice has clarified that the assessment is independent of the duty to consider and must precede the decision on the admissibility of the project, its role in decision-making on the admissibility of the project remains unclear.
This article argues for (suitable) criteria for the assessment of the likely environmental impacts of projects which are subject to the EIA, focusing on the assessments carried out by the competent authority and the assessment elements of the environmental report and the consultation of interested authorities.
The Dutch policy on gold-plating and the transposition of Directive 2008/98/EC on waste
Authors: Squintani Lorenzo
Published: October 2020

Directive 2008/98/EC, recasting inter alia Directive 2006/12/EC, sets minimum requirements in the field of waste management. This means that the Member States have the competence to take measures, which achieve a higher level of environmental protection than that required by the Union legislator, so-called gold-plating. For some years, European citizens are assisting to a pan-European discussion on gold-plating. In the context of the Better Regulation agenda, EU institutions consider gold-plating a constraint to good regulation. The United Kingdom, the Netherlands, Belgium, Germany and Austria increasingly refrain from gold-plating. In the United Kingdom and in the Netherlands, gold-plating is regulated by centralised official policies aiming at fostering economic growth. Despite the relevance that these policies might have for the implementation of Union environmental law and, even more importantly, for the functioning of the system for the protection of the environment as shaped in the Treaties, there is still a lack of empirical data on the manner in which these policies apply in practice. This article represents a first attempt to fill-in this lacuna, by focusing on the transposition of Directive 2008/98/EC in the Netherlands. In this contribution, certain provisions of Directive 2008/98/EC are analysed in order to establish whether alleged cases of gold-plating were eliminated and whether new cases of gold-plating were introduced. This analysis provides useful information for understanding the functioning of the Dutch policy on gold-plating. First, however, it is necessary to explain what gold-plating means and what the Dutch policy on gold-plating entails.
The prohibition of mercury discharges from coal-fired power stations under European law
Authors: Kremer Peter
Published: October 2020

Despite diverse pledges on climate change and plans to render the energy supply 100 percent renewable, in October 2012 there were eight coal-fired power stations under construction in Germany with a combined capacity of 8,600 MW and combined projected emissions of nearly 50 million tonnes of CO2. Coal-fired power stations emit not just climate-damaging CO2, but many other pollutants besides. The most relevant of these to human health is mercury. In this article, therefore, it is asked what instruments are available under prevailing law to prohibit the construction of new coal-fired power stations and to make their approval subject to judicial review. The discussion centers on the Water Framework Directive. First, however, a look is taken at the Industrial Emissions Directive (IED), with the focus on airborne and waterborne mercury emissions.
Selected problems of implementation of the Espoo Convention in Ukraine (based on the example of Bystroe Canal Case)
Authors: Rachynska Victoria
Published: October 2020

The Espoo Convention provides an indispensable framework for international cooperation in assessing environmental impact, particularly in a transboundary context. This Convention facilitates the realization of the several principles stipulated by the Rio Declaration. Ukraine ratified the Espoo Convention by adopting the Law of Ukraine “On ratification of the Convention on Environmental Impact Assessment in a Transboundary Context” No 534-XIV of 19.03.1999. However, Ukraine fails to undertake the necessary legislative, regulatory and other measures to establish and maintain a clear, transparent and consistent framework to implement the provisions of the Espoo Convention, as it is required under art. 2 para. 2 of the Convention. Different general issues related to the compliance mechanism of the Espoo Convention and (less so) the Aarhus Convention are explored in specialized literature (including the analysis of distinct aspects of the Bystroe Canal Case). The problems of Ukraine’s implementation of the Espoo Convention have been explored in some research papers. However, the issues of Ukraine’s non-compliance with the Espoo Convention with, in particular, the aim of revealing the reasons for it, have not been the subject of any recent in-depth research. Therefore, this article aims to analyze the approach of the Ukrainian government toward the compliance process under the Espoo Convention and problems of the implementation of the Espoo Convention in Ukraine using the example of the Bystroe Canal Case as well as the possible preconditions of these problems.
Land degradation neutrality under the SDGs: National and international implementation of the land degradation neutral world target
Authors: Dooley Elisatbeth , Roberts Ennid , Wunder Staphanie
Published: October 2020

On World Soil Day, December 5, 2013, the UN General Assembly announced that 2015 marked the ‘International Year of Soils’. This announcement aimed to promote the protection of soil and increase awareness and understanding of its importance. It seems that soil is now, after decades defined by a lack of attention and awareness, finally receiving a greater degree of the much-needed consideration. Examples of this development include the establishment of the Global Soil Partnership (2012), the Intergovernmental Technical Panel on Soils (2013), the ‘Economics of Land Degradation’ publication (2013) and the annual organisation of the Global Soil Week (as of 2012).
This article explores how the current momentum in international soil policy can be used to promote sustainable land use and reduce land degradation, particularly through the SDG process and using UN Conventions. It puts a special emphasis on the opportunities and challenges of the concept of “land degradation neutrality”. Firstly, this article addresses the background on the pressing issue of land degradation. Secondly, it deals with the adopted SDGs and the inclusion of a target for land degradation neutrality. Thirdly, national implementation of the SDGs are addressed including the need for countries to analyse their legislation and policies to determine whether they support land degradation neutrality. International conventions may direct more action toward and potentially increase the consistency and effectiveness of measures to accomplish the SDG targets, posing another avenue which could contribute to the achievement of land degradation neutrality. Particular emphasis is given to the UNCCD and the UN Convention on Biological Diversity (CBD) as the theoretically most appropriate conventions which may further the accomplishment of land degradation neutrality by adoption of stronger land-related obligations. Based on the preceding discussion, the paper concludes with issues, concerns and suggestions for the future to strive for land degradation neutrality.
Perspectives and actions to improve water quality in European Union Member States
Authors: Sgorbati Guiseppe , Dotti Nicoletta
Published: October 2020

Although the European rules on water, which are mainly based on the Water Framework Directive (WFD 2000/60/EC), have been in force for many years, the quality of waters in Europe still have huge room for improvement before they can fulfil the objectives set by the WFD and by its “daughters Directive”. Two questions are key here: Are the European rules adequate for this challenging goal? If yes, are the rules applied homogeneously and correctly in European Union Countries or do many issues remain which prevent their full implementation?
This article provides a broad overview of water issues in Europe, focusing on the level of fulfillment of requisites from EU legislation and the level of its implementation in Member States. This point of view has been adopted because an uneven implementation of EU laws prevents several European citizens from fulfillment of their right to a healthy environment and a good water resource quality and, furthermore, endangers the level playing field across Europe, from a social and economic point of view.
Belgium Requests an Opinion on Investment Court System in CETA
Authors: Ankersmit Laurens
Published: October 2020

On 29 of October the leaders of the Belgian federal government and the regional and community governments reached a compromise deal over the EU-Canada Comprehensive Economic and Trade Agreement (CETA). One of the key outcomes is that the Belgian federal government will seek the Opinion of the European Court of Justice on the compatibility of the Investment Court System (ICS) in Chapter Eight of CETA with the EU Treaties. As soon as the Belgian federal government makes the request for an Opinion, the Court will be able to express itself on this contentious legal issue. This article provides some background on the origins of the Walloon request before explaining why ICS could potentially pose a legal problem for the EU.
The Volkswagen Scandal - Air Pollution and Administrative Inertia
Authors: Krämer Ludwig
Published: October 2020

This contribution deals with the manipulation of NOX emissions from Volkswagen diesel cars on the one hand, and with the manipulation of CO2 emissions from diesel and petrol cars by Volkswagen on the other. The scandal became public in 2015. Volkswagen is a German car manufacturer; to the company also belong Porsche, Audi, Skoda, Scania, Ducati, Seat, Bentley, Bugatti, Lamborghini and Quattro.
Conference report: 5th Lucerne Law and Economics Conference
Authors: Gummow Lynn
Published: October 2020

This paper reports on the 5th Lucerne Law and Economics Conference that took place at the University of Lucerne, Switzerland on the 15th and 16th of April, 2016.
The conference, on the topic of “Environmental Law and Economics”, was organized by Prof. Dr. Klaus Mathis, in partnership with Prof. Bruce Huber from Notre Dame University Law School. With the ever-increasing pressure to tackle environmental challenges, the interest in this conference was substantial, with participants from all over Europe and the United States.
Emissions into the environment and disclosure of information Comments on ECJ C-442/14 and C-673/13P
Authors: Krämer Ludwig
Published: October 2020

The author of this article comments on ECJ C-442/14 and C-673/13P which concern the diverging interests of disclosing environmental information on the one hand, and protecting confidential business information on the other – two judgments which according to the author are likely to have a far-reaching influence on the disclosure of product information.
Access to justice in environmental matters in Italy – an incentive for new specialists
Authors: Maschietto Eva
Published: October 2020

This article casts some light on the Italian access to justice perspective that appears to be peculiar for its historical and political context. Without any purport of completeness, the article aims at sketching some of the instruments that the Italian legal system has rendered available to individuals, environmental organisations and public agencies representing citizens and residents. These instruments address some of the most important aspects of environmental matters, disputes and effective barriers which are still present in the system, along with some potential solutions for the way forward.
Chemicals in material cycles: how EU law needs adjustments for the transition to an environmentally beneficial circular economy
Authors: Bernard Alice
Published: October 2020

This article argues that the current EU legal framework needs adjustments to ensure that recovered materials do not contain hazardous chemicals in concentrations that are no longer considered safe. It also shows, with a case study, gaps in EU law regarding information on hazardous chemicals in material cycles. These gaps are barriers for economic actors willing to switch from primary to secondary production. Before digging into the details of the current legal framework, the article defines the terminology used in the case study, stemming from the three main relevant blocks of legislation: chemicals, product and waste legislation. The case study analysed in the article explains how, despite compliance with EU law, information on the presence of a flame retardant in textile used in a hypothetical mattress could get lost in the life cycle of this material. Furthermore, the paper explains how this loss of information could make the circular economy fail, and have the side effect of putting at risk human health and the environment due to prolonged exposure to hazardous chemicals. This article concludes with recommendations to improve information on chemicals in material cycles.
EU traceability of substances in articles: supply chain communication challenges and the perspective of full material declaration (FMD)
Authors: Schenten Julian , Führ Martin , Lennartz Leonie
Published: October 2020

Companies producing or importing articles (or parts thereof) as well as retailers are facing new challenges coming from societal demands and expectations directed at transparency of (problematic) substances in articles (SiA), and the overall “sustainability” of supply chain operations. Legislation on chemicals in the EU (e.g., REACH) and beyond stipulating legal SiA requirements reflect these developments. In addition, with a view to eliminating problematic substances in material circles, the recently amended Waste Framework Directive requires, from January 2021 on, companies placing articles on the European Economic Area (EEA) market to report to authorities the presence of substances of very high concern (SVHC) above a certain threshold in such articles. ´
Chemical compliance management is not part of the core business for many companies. Many actors perceive related challenges as an overwhelming task. IT-based solutions offer opportunities to establish a systematic approach to transparency and traceability of SiA within complex global supply chains. In order to “be prepared” for future legislation, the long-term vision of a Full Material Declaration (FMD) is a promising approach. This way, firms can meet their present requirements from law as well as from sectoral or company specifications, and can prepare for future requirements.
This article compares supply chain communication requirements and needs on the one hand and actual practice on the other in order to subsequently identify the respective delta. The article also introduces FMD as a strategy to overcome the delta and shows development perspectives for existing approaches. Finally, after drawing conclusions, the article formulates recommendations for EU policies.
EU Emissions into the environment and confidentiality - Comment on General Court, case T-545/11 RENV of 21 November 2018
Authors: Krämer Ludwig
Published: October 2020

The author of this article comments on case T- 545/11 of November 2018 where the General ruled that an EU substance approval dossier (for glyphosate) contains no information related to environmental emissions. The contribution discusses once more the question, of what an emission to the environment constitutes and whether access to this information may be refused to protect confidential commercial and industrial information, unless there is an overriding public interest in disclosure.
Listen to the People: Friends of the Earth challenge ‘Brexit’ public participation
Authors: Rundle William
Published: October 2020

With the chaotic and uncertain events around the withdrawal agreement negotiations between the EU and the UK, the question of ‘how’ Brexit is to occur is very important. This article relates to that question. It addresses it by describing Friends of the Earth’s legal challenge, in the form of a Communication to the Aarhus Convention Compliance Committee, alleging breaches under Articles 8 and 3 of the Aarhus Convention.
Fundamentally, it’s about the UK government’s apparent failure to properly engage the public on the transparency for sustainable development environmental governance (and governance in general), by having clear legal frameworks that provide for effective and consistent participation.
Yet in the UK, a mature and established democratic country, the public finds itself in the peculiar situation of not having clear or enforceable rights to effective public participation in the environmental field, during the preparation of new laws. That is specifically, when new laws are being prepared by the executive that can significantly impact on the environment. There is a voluntary ministerial code legislative centrepiece for Brexit with regards to how exit from the EU should occur and what that could mean for the environment.
The Effect of Teachers’ Language Speaking Anxiety on their Performance in English
Authors: Yasmin Tayyabba , Nadeem Mubashar , Siddique Ghazal Khalid , Ali Muhammad Shahid Zulfiqar
Published: October 2020

Communication is supposed to be important to convey the message to the audience. The communication skills of teachers occupied a major role in effective students’ learning. If a teacher is anxious about speaking, his instructions may not be effective and also may affect the students’ learning. The researchers were intended to measure the language anxiety of the teachers who teach in 10th class while utilizing the survey method. The sample for the study included the teachers from Federal Government Educational Institutions (cants/ Garrisons) – FGEI’s (C/G). The data regarding the teachers’ language anxiety was collected by Teachers’ Language Anxiety Scale adapted by the researcher from (Horwitz, Horwitz, & Cope, 1986). The scale consists of 30 items with a Likert’s Rating scale ranging from strongly agree to strongly disagree. In order to measure the teachers’ performance, the cumulative GPA of their English subject that they have taught in recent anum was taken. This GPA was the outcome of their English teaching taken from Federal Board Intermediate & Secondary Education annual exam. The results showed that there exists a negative, moderate as well as significant correlation between teachers’ anxiety and their performance. It is recommended that the FDCI’s should organize workshops on a regular basis for the teachers that focus on the practice of English speaking proficiency. There should be seminars propagating about the strategies to cope with language anxiety.
Issues of English Curriculum Implementation at Higher Secondary Level Schools in Pakistan
Authors: Saleem Muhammad , Akbar Rafaqat Ali
Published: October 2020

The study was aimed to examine the issues of English curriculum implementation at higher secondary level schools in Punjab. The study is quantitative in nature. The sample of the study was comprised of 429 English teachers teaching at higher secondary level schools. Stratified sampling technique was used to select the sample and one instrument was used for data collection named Issues of English Curriculum Implementation Questionnaire (IECIQ) comprised of 58 items developed by the researcher on a 5-point Likert scale from 1 (strongly disagree) to 5 (strongly agree). The reliability of questionnaire of issues on English curriculum implementation was found .82. The instrument was also validated from 5 experts of relevant areas which assisted in refining language, clarity in items and sentence structure. The data were collected through survey research method and were analyzed by applying descriptive analysis techniques. The results of the study showed that English teachers used to face issues in English curriculum implementation at higher secondary level schools such as lack of communication skill, inappropriate teacher trainings, teaching method and methodology, multicultural society, lack of social and ethical development of students, lack of teaching resources and aids, inappropriate assessment procedures, misalignment of the content of English textbook, insufficient institutional resources, inappropriate government policies regarding English curriculum implementation and immeasurability of students learning outcomes written in English curriculum document. The results of the study suggested to give motivation to English teachers by providing attractive incentives, appropriate training programs and proper supervision of curriculum implementation of English subject.
In vitro Inhibitory Effects of Cyperus esculentus L. (Tiger Nut) Tubers on some Enzymes Associated with Neurodegeneration and Iron- Induced Lipid Peroxidation in Rats’ Brain Tissue Homogenate
Authors:   Department of Medical Biochemistry, Afe Babalola University, Ado Ekiti, Nigeria, Olabiyi Ayodeji
Published: October 2020

This study investigated the inhibitory effect of Cyperus esculentus L. (raw and processed) tubers on Iron (Fe2+) induced lipid peroxidation and key enzymes linked with neurodegeneration in vitro. Ten grams of tiger nut tubers was weighed and added to 100 mL of distilled water (1:10 w/v), left for 24 h, filtered, centrifuged to obtain a clear supernatant and lyophilized. Activities of acetyl cholinesterase (AChE), butyryl cholinesterase (BChE), Fe2+-induced lipid peroxidation as well as antioxidants status as indicated by 2,2-azino-bis (3-ethylbenthiazoline-6-sulphonic acid radical scavenging ability and Fe chelation were evaluated. Raw tiger nut extracts inhibited activities of AChE and BChE in the brain tissue of rats (0 – 11.54 mg /mL) with EC50 = 3.599 mg /mL and 2.71 ± 0.01 mg /mL respectively, and increased antioxidant activity when compared with the processed tuber. Inhibition on these enzymes as well as prevention of Fe2+ induced lipid peroxidation may be the possible mechanism of action by which tiger nut prevents neurodegeneration.
The Impact of Career Development, Work-Family Conflict, and Job Satisfaction on Millennials’ Turnover Intention in Banking Industry
Authors: Elian Shirley , Paramitha Cindy Diva , Gunawan Hendra , Maharani Anita
Published: October 2020

With a strong domination of the Millennials generation in the workforce, they become one of the key holders in the success of the organisation and the economy. Their behaviour of working short tenure and job-hop worries many organisations as this halt the organisations’ growth, performance and productivity while also incurring extra costs. Banking sector is known to have a high turnover rate and has been lacking in the number of talents which delays their implementation on key strategic initiatives. It becomes important to study the factor influencing the Millennials turnover rate. This study aims to measure the influence of Career Development (CD), Work-family Conflict (WFC), and Job Satisfaction (JS) on Millennials Turnover Intention (TI) in Indonesia’s banking industry. A quantitative research is conducted among Indonesia's Millennials banking employees and data were analysed using PLS-SEM. The result shows that Work-family Conflict has a significant positive direct impact on Turnover Intention. Job Satisfaction is also observed to have a significant negative direct impact towards Turnover Intention. Interestingly, Career Development has no direct significant impact on Turnover Intention unless it is mediated by Job Satisfaction. However, Work-family Conflict has no effect on Turnover Intention if it is mediated by Job Satisfaction. Additionally, this research provides academic and practical implications on how to manage these Millennials to reduce Turnover Intention in the banking industry which could lead to an actual turnover.