bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Main Results of the Ninth Conference of the Parties to the UN Convention on Biological Diversity
Authors: Buck Matthias 
Published: July 2010

AbstractThe Ninth Conference of the Parties to the UN Convention on Biological Diversity (COP9) in May 2008 in Bonn was one of the major international environmental meetings in 2008. Its decisions significantly advance global biodiversity politics on a range of critical issues and thereby help achieving the global target of substantially reducing current rates of biodiversity loss by 2010. This article describes the main decision adopted by COP9 on biofuels, marine biodiversity, biodiversity and climate change, access and benefit-sharing and the science-policy interface of international biodiversity politics.
Happy end of a long saga—Agreement on the Directive for the Protection of the Environment through Criminal Law
Authors: Zeitler Helge Elisabeth 
Published: July 2010

AbstractOnly one year ago, the proposal for a Directive on the Protection of the Environment through criminal law was presented in this Journal, when discussions in the Council had just started—in May 2008, political agreement between Council and the European Parliament was already reached. Despite of the Directive being less far-reaching than one could have hoped for—this a success story, if alone for the fact that it will bring finally a binding European instrument on environmental crime. The following article will focus on the content of the agreed text and the most significant differences compared to the original proposal of the Commission of March 2007.
Risk assessment in technical legislation: what are the limits to the Commission's discretion under comitology?
Authors: Rusche Tim Maxian , Maxianova Karola 
Published: July 2010

AbstractBy its judgment of 1 April 2008, the European Court of Justice annuls Commission Decision 2005/717/EC exempting deca BDE from the use restriction under the ROHS Directive 2002/95/EC. The Court states that by not complying with the formal conditions of Article 5 (1) (b) of the Directive, the Commission exceeded its implementing powers. As the Court finds that the Commission failed to respect these formal conditions, it does not need to address the pleas of the applicants relating to more fundamental questions regarding risk assessment and risk management under comitology. The authors put this judgment in the broader context of risk regulation on both sides of the Atlantic, and close with an outlook on risk regulation under the new comitology rules introducing regulatory procedure with scrutiny.
The implementation of the IPPC Directive from a comparative perspective and lessons for its recast (Part II)
Authors: Bohne Eberhard 
Published: July 2010

AbstractThis contribution presents a comparative empirical and legal evaluation of the implementation of the IPPC directive in eight EU member states focusing on the integrated approach of the directive. The national transpositions left existing national administrative structures and procedures basically unchanged. Holistic integrated permitting does not occur in any of the countries under study. Explaining the findings with incremental political theory, they serve as the basis for some reflections on the planned recast of the IPPC directive and the prospects for better regulation. While the first part of the article (JEEPL 5.1, 2008, 1–33) displayed the basic shortcomings of the IPPC review process (1.), the concepts of integration under the Directive (2.) and the empricial analysis of the national approaches to integrated permitting (3.1–3.3) this second part explains and evaluates the findings with regard to the pending revision of the directive.
The polluter pays principle and State aid for environmental protection
Authors: Stoczkiewicz Marcin 
Published: July 2010

AbstractThe polluter pays principle is one of the Treaty-based principles of the Community environmental law. It provides that the polluter is financially liable for compliance with the requirements set by the existing legislation concerning environmental protection and has, therefore, i.a. been referred to as non-subsidisation principle. Nonetheless, the polluter pays principle is also a key principle within the European Commission's practice of controlling State aid for environmental objectives. This contribution explores the apparent paradox of basing the policy on controlling State aid for environmental protection on the polluter pays principle and delineates approaches to reconcile that principle with State aid practice.
EU policies for Sustainable Consumption and Production—the Action Plan on Sustainable Consumption and Production and Sustainable Industrial Policy
Authors: Lorz Bettina 
Published: July 2010

AbstractThe need to move towards sustainable consumption and production has been recognised since the First Earth Summit in Rio de Janeiro. Yet progress in translating policy commitment into tangible measures has been slow. For the EU, the Action Plan on Sustainable Consumption and Production and Sustainable Industrial Policy presented by the Commission in July 2008 is an important step in that direction. It builds upon and further develops a life-cycle oriented product policy, and also addresses the consumption dimension. This article looks at implementation and application of the Action Plan. This is presenting a number of challenges: setting up and implementing a coherent legal framework, providing the requisite tools and steering voluntary processes. It concludes by looking to the future and the challenges for EU policies.
Annual conference on European Water Management Law in Brussels on 23rd and 24th April 2009
Authors: Bach Simone 
Published: July 2010

AbstractOn 23rd and 24th April 2009 a second conference on European Water Management Law took place in Brussels with participation of representatives of the European Commission as well as universities, authorities, enterprises and associations of the individual Member States of the European Community. The conference focused on current water management law at the EC level, future perspectives and the special importance of close cooperation in river basin districts and shared marine regions. Furthermore, it dealt with the relation between nature protection and water management law, the challenges arising from climate change and the adaptation measures which have to be taken. Finally, the conference also addressed economic issues related to the definition of water pricing policies, tax incentives and public procurement legislation.
The exercise of giving way to 'giving in'—some aspects of the Member States' EURATOM obligations revisited
Authors: Cenevska Ilina 
Published: July 2010

AbstractAlthough an issue far from the spotlight of attention of academic researchers, it is often said that the European Atomic Energy Community Treaty (EURATOM) and the obligations incumbent on the member states under this Treaty account for a greater loss of national sovereignty than envisaged by the European Community Treaty and its internal market component as arguably the most 'communautaire' component of all. Article 84 of the EURATOM Treaty excludes the application of the Treaty from cases of military uses of nuclear energy, nevertheless, on several occasions the European Court of Justice (ECJ) had to pronounce itself on the legal 'grey zone' issue of what is indeed considered as peaceful use of nuclear energy and the legal regime to be applied thereby. This was the substance of the issues raised in cases C-61/03 Commission v. UK and C-65/04 Commission v. UK. Through a comparative analysis of the relevant case law it is interesting to observe how in the matter of defining the EURATOM competences the ECJ is adamant to the use of 'policy-oriented' arguments, otherwise affluently used with respect to affording new competences to the European Community (EC), EURATOM's 1957 contemporary.
The Relation between Spatial Planning Law and Soil Remediation Law
Authors: Vanheusden Bernard 
Published: July 2010

AbstractThis contribution looks at the relation between spatial planning law and soil remediation law when a contaminated site is being developed. The relation between both legal fields clearly emerges when the land use of the site must be modified in function of the future land use in view. This will have an impact on the remediation criterion as well as on the remediation objective. Another point of contact is the link between a soil remediation and a town planning permit. A good harmony between the spatial planning law and the soil remediation law is essential for the development of a contaminated site. After a brief European perspective, the contribution mainly focuses as a case study on the situation in the Flemish Region (Belgium).
Persons as Objects of Love
Authors: Landrum Ty 
Published: July 2010

AbstractRecent attempts to view personal love as a response to value fail to capture the lover's distinctive compulsion to intimacy with the beloved. Their common mistake is to hold that the grounding value of love must be other than the beloved person herself. This view condemns theorists to describe an attachment comparatively impersonal and undiscerning. The present paper argues that the beloved person is the object of love, particularly when she is regarded in light of her virtues. Virtues are aspects of character that embody the unique value of the person they help constitute and cannot be valued appreciably apart from her. One person can love another for her virtues, indeed for the goodness that lies within them without loving her for something that someone else could instantiate.
Does Humanity Share a Common Moral Faculty?
Authors:   Smith
Published: July 2010

AbstractThe history of ethics contains many moral faculty theories, which usually are sorted by their metaphysics. The usual suspects include moral rationalism (Richard Price, Kant), moral sentiment theory (Hutcheson, Hume, Smith) and the varieties of ethical naturalism. Moral faculty theories differ importantly upon yet another dimension, on how widely it is distributed. Some, the Platonic elitists (Plato, J.S. Mill, R.M. Hare), suppose that moral truth can be discerned only by philosophical argument. Hence, they ascribe a revisionary task to normative theory, that of correcting nonphilosophers' moral errors. Others, the communalists (Aquinas, Hume, W.D. Ross), hold that the moral faculty is universally distributed. Hence, they hold that normative theory's task is not to revise, but rather to discern and explain the shared moral conception that we all apply in our ordinary moral lives. I here offer arguments to support commonalism.
Associative Duties and Global Justice
Authors: Seglow Jonathan 
Published: July 2010

AbstractThis article examines the conflict between people's associative duties and their wider obligations of global justice. After clarifying the nature of associative duties, it defends the view that such duties may be civic in nature: obtaining between citizens, not just friends and families. Samuel Scheffler's 'distributive objection' to civic associative duties is then presented in the context of global distributive injustice. Three solutions to the objection are considered. One is that the distributive objection is more a philosophical puzzle than a practical problem because of the means by which global justice would be achieved. This is only partially correct. The second reply is that associative duties are additional to citizens' more cosmopolitan duties. This reply loses its purchase if global justice is conceived of in comparative terms. The third reply claims that associative duties are justified by genuine values and do not disappear even when over-ridden by more weighty moral concerns. While in practice, our duties to engineer global justice are likely to over-ride our associative duties in the near future, in ideal circumstances the two kinds of duties can co-exist.
On Fostering Ecclesial Dialogue: Engaging Contrasting Ecclesiologies
Authors: Hinze Bradford 
Published: July 2010

AbstractDialogue is widely acknowledged as a basic practice constitutive of the church's internal and external identity and mission. Advancing ecclesial dialogue by learning from a phenomenology of its practices and cultivating apt virtues is necessary but insufficient. These efforts are often thwarted because divergent ecclesiological approaches to dialogue stand in tension with one another. This paper explores how three trajectories in Roman Catholic ecclesiology develop contrasting approaches to the role of dialogue in the church: personalist, correlationist, and contextual. The final part of the paper proposes three topics where there are convergences about the dialogical mandate amidst these contrasting orientations: the dynamic character of faith and tradition, the synodal imperative, and the need to debate the synodal agenda for the church in response to the global signs of the times.
Publicity and Egalitarian Justice
Authors: Lippert-Rasmussen Kasper 
Published: July 2010

AbstractRecently, the issue of publicity has surfaced in discussions of the correct interpretation of the Rawlsian principles of justice. In an intriguing critique of G.A. Cohen's preferred interpretation of the difference principle as a principle that is incompatible with incentive-based inequalities, Andrew Williams points to a gap in Cohen's argument, alleging that Cohen's interpretation of the difference principle is unlikely to be compatible with the Rawlsian endorsement of publicity. Having explored a possible extrapolation of Cohen's critique to aggregate consumer choices and a resulting extension of Williams's charge that the difference principle, on Cohen's reading, fails to meet the publicity constraint because of its informational demandingness, I defend three claims: (a) it is doubtful that Rawls endorses a publicity constraint of the sort that would rule out Cohen's interpretation of the difference principle; (b) it is hard to see how such a constraint could emerge from the considerations Rawls offers in favour of publicity; and (c) under certain interpretations, the difference principle disallows incentive-based inequalities and yet satisfies suitably modest versions of the publicity constraint.
Distributive Lessons from Division of Labour
Authors: Dietsch Peter 
Published: July 2010

AbstractIn their justification of individual entitlements, libertarians appeal to the concept of self-ownership. This paper argues that taking into account the division of labour in society calls for a fundamental reassessment of the normative implications of self-ownership. How should the benefits from division of labour—in other words, how should the co-operative surplus—be distributed? On the assumption that the parties to the division of labour are interdependent, and that this interdependence is mutual and of the same degree, I argue for an equal distribution of the co-operative surplus. In form, my argument bears similarities to the left-libertarian position that calls for an equal distribution of natural resources. Despite its radically egalitarian implications, an equal distribution of the co-operative surplus remains a libertarian principle.
Authenticity and Cultural Rights
Authors: Hendrix Burke 
Published: July 2010

AbstractShould states extend customized political protections to 'minority nations' or 'minority cultures'? Part of the answer depends on whether the identities at stake are merely political artifacts created or exploited by 'ethnic entrepreneurs', or whether they are 'authentic' expression of an ongoing collective life. This essay argues that the real character of groups is persistently difficult to recognize, and that 'authenticity' is a problematic notion even in the abstract. Given these uncertainties, the essay argues that states should generally treat only the claims of small and vulnerable groups as moral issues, while treating the claims of large groups primarily as political matters. The essay closes with a discussion of the legal criteria for recognizing Indian tribes in the United States, arguing that the standards used are generally plausible, if problematic in one key detail.
On Indirectly Self-defeating Moral Theories
Authors: Wiland Eric 
Published: July 2010

AbstractDerek Parfit has notably argued that while a moral theory should not be directly self-defeating, there is nothing necessarily wrong with a moral theory that is only indirectly self-defeating. Here I resist this line of argument. I argue instead that indirectly self-defeating moral theories are indeed problematic. Parfit tries to sidestep the oddities of indirectly self-defeating theories by focusing on the choice of dispositions rather than actions. But the very considerations that can make it impossible to achieve a theory's aims if we try to do what the theory recommends can also make it impossible to achieve a theory's aims if we instead try to adopt the dispositions the theory recommends. What makes a theory indirectly self-defeating has little to do with the object of choice, but with the nature of choosing itself.
The Basis of Human Moral Status
Authors: Liao S. Matthew 
Published: July 2010

AbstractWhen philosophers consider what moral status human beings have, they tend to find themselves either supporting the idea that not all human beings are rightholders or adopting what Peter Singer calls a 'speciesist' position, where speciesism is defined as morally favoring a particular species—in this case, human beings—over others without sufficient justification. In this paper, I develop what I call the 'genetic basis for moral agency' account of rightholding, and I propose that this account can allow all human beings to be rightholders without being speciesist. While my aim is to set out this account clearly rather than to defend it, I explain how this account is different from a potentiality account and I argue that it is preferable to an actual moral agency account of human moral status.
Libertarian Self-Defeat
Authors: Riley Evan 
Published: July 2010

AbstractI show that the standard libertarian conception of justice is vulnerable to a kind of basic collective self-defeat not characteristic of its rivals. All deontological liberals, including the libertarian, ought to be committed to two very general claims regarding the nature of justice. The RSC (Reasonable Stability Criterion) is the requirement that in the just society, human beings will typically exhibit genuine literacy with the relevant conception. The MEC (Moral Education Condition) consists in the thought that a necessary condition for any such literacy is a proper moral education. It is consistent with full respect for standard libertarian justice that a society living under its auspices will fail to satisfy the RSC, by failing to provide moral education to those who need it. This issues in the collective self-defeat of the conception, for by respecting all and only the constraints constitutive of libertarian justice, the group will have undermined the achievement of a characteristic aim.
Agent-based Virtue Ethics and the Problem of Action Guidance
Authors: van Zyl Liezl 
Published: July 2010

AbstractAgent-based accounts of virtue ethics, such as the one provided by Michael Slote, base the rightness of action in the motive from which it proceeds. A frequent objection to agent-basing is that it does not allow us to draw the commonsense distinction between doing the right thing and doing it for the right reasons, that is, between act-evaluation and agent-appraisal. I defend agent-basing against this objection, but argue that a more fundamental problem for this account is its apparent failure to provide adequate argue action guidance. I then show that this problem can be solved by supplementing an agent-based criterion of right action with a hypothetical-agent criterion of action guidance.
The Fact of Diversity and Reasonable Pluralism
Authors: Lynch Sterling 
Published: July 2010

AbstractContemporary society involves a number of different persons, groups, and ways of life that are deeply divided and very often opposed on fundamental matters of deep concern. Today, many contemporary philosophers regard this 'fact of diversity' as a problem that needs to be addressed when assessing the principles employed to organize society. In this paper, I discuss the fact of diversity, as it is understood by the notion of reasonable pluralism, and explain why it is thought by some to challenge the stability of a society's political morality. I examine the leading attempt to offer an account of the stability of a political morality and I argue that John Rawls's attempt to account for the stability of Justice as Fairness fails for reasons applicable to all political moralities because the very notion of a stable political morality is implausible. Diversity, as reasonable pluralism understands it, is not a problem that can be solved either by identifying a stable political morality or by modifying a political morality in some way that will make it more stable. Instead, the fact of diversity indicates only that disagreements on all aspects of society's organization, including its organizing principles and matters of value, is a permanent feature of social life that cannot be ignored, wished away, or solved.
Just Threats
Authors: Eylon Yuval 
Published: July 2010

AbstractThe paper argues that Rawls's account of the obligation to keep promises entails that inasmuch as we are obliged to keep promises, we are also obliged to carry out threats. On the basis of the principle of fairness, Rawls claimed that a social practice creates a moral obligation if it is just, and one has benefited from it or entered it voluntarily. A practice of threats meets Rawls's first principle of justice. We may reasonably assume that immoral threats, just like immoral promises, are not socially obliging. Threats meet Rawls's second principle of justice mainly because weaker parties benefit from drawing red lines, backed by credible threats. Finally, threats create social benefits: they contribute to social cooperation and collaboration. The argument entails that we must either accept the counterintuitive claim that threats are morally binding, or reject Rawls's account of the obligation to keep promises.
Reply to Silcox on Moral Luck
Authors: Rosebury Brian 
Published: July 2010

AbstractIn earlier work, I argued that examples supposed to substantiate consequential moral luck can lose their anomalous appearance if due account is taken of the moral obligation to discharge epistemic responsibilities, and of the different scope and focus of this obligation for the agent as contrasted with the observer. In his recent JMP article, Mark Silcox argues that my explanatory strategy is dependent on an unacceptable commitment to an 'ineliminable epistemic gulf ' between first-person and third-person perspectives. Here I attempt a defence against Silcox's criticism, and tentatively suggest some wider implications of the debate.
MacIntyre's Progress
Authors: Knight Kelvin 
Published: July 2010

AbstractAlasdair MacIntyre has recently had published two books of selected essays, a study of the phenomenologist Edith Stein, a third edition of After Virtue, and an extensive collection of his early Marxist writings. These are reviewed, along with two recently published commentaries upon his work. The recent reinterpretation and revival of interest in that work receives much support from most of these publications. Central to this reinterpretation is the concept of practices, which MacIntyre first elaborated in After Virtue. His recent work indicates how that concept may be further developed in the direction of a politically radical moral realism.