Environmental Protection European Law and Governance

by Scott, Joanne

• ISBN13: 9780199565177
• ISBN10: 0199565171
• Format: Hardcover
• Copyright: 2009-04-25
• Publisher: Oxford University Press

Summary

The EU has emerged as a major source of innovation in environmental governance. This is manifested through the frameworks it is putting in place for environmental governance, and through its position on the world stage for international environmental law. An institutional richness hasdeveloped which is sometimes daunting in its complexity but which offers much promise for the future. This volume seeks to give a taste of this, and of the challenges which face the EU in its sustainable development phase.The volume opens with a broad historical overview of the evolution of EU environmental governance. This discussion characterizes the most recent phase as that of sustainable development, in which the political dynamic is one of destabilisation and the preferred instrument of decision-making, thereflexive framework directive. There follows a series of case studies. Ranging from the general to the particular, these cover both the internal and external aspects of EU policy. These include recent key issues in EU environmental law and governance, such as the water framework directive, the new chemicals regime (REACH) andEuropean responses to the challenge of climate change. These case studies engage with key issues in environmental law and governance, including environmental justice, the relationship between trade and environment, and participation in environmental decision-making.

Author Biography

Joanne Scott is Professor of European Law at the Faculty of Laws, University College London. She has previously taught at Cambridge, and held visiting positions at Columbia Law School and Harvard Law School. She is the author of The WTO Agreement on Sanitary and Phytosanitary Measures: A Commentary (OUP, 2007).

Table of Contents

List of Contributors	p. xvii
Table of Cases	p. xix
Table of Legislation	p. xxi
The Evolution of EU Environmental Governance	p. 1
Introduction	p. 1
Factors Affecting the Evolution of EU Environmental Governance	p. 4
Environmental and Economic Conditions	p. 4
International Political Developments and Commitments	p. 4
Major Changes of the EU Polity	p. 5
EU Environmental Governance Regimes	p. 7
The Environment Regime	p. 8
The Internal Market Regime	p. 11
The Integration Regime	p. 14
The Sustainable Development Regime	p. 18
Conclusion	p. 24
Law and Governance of Water Protection Policy	p. 27
Introduction	p. 27
The Water Framework Directive	p. 29
Flexibility, Decentralization, and Control	p. 36
The Substantive Filling Out of the Water Framework Directive: Governance Beyond the Legislation	p. 45
Conclusions	p. 55
REACH: Combining Harmonization and Dynamism in the Regulation of Chemicals	p. 56
Introduction	p. 56
Core Element: Industry Responsibility	p. 60
Registration	p. 60
Applications for Authorization	p. 66
Core Element: Contestability	p. 68
Substance Evaluation	p. 69
Substances Requiring Authorization	p. 69
Restrictions	p. 71
Harmonized Classification and Labelling	p. 71
Member State Safeguards	p. 72
Article 95 EC	p. 72
Contestability: The Limitations	p. 73
A Note on Authorization and Restriction Procedures and Criteria	p. 75
Core Element: Substitution	p. 78
Core Element: Provisionality	p. 80
Review of Authorizations	p. 80
Reporting/Review/Revision	p. 82
Core Element: Transparency	p. 84
Information in the Supply Chain	p. 84
Classification and Labelling of Substances	p. 86
Access to Information	p. 89
Conclusion	p. 90
Building Spatial Europe: An Environmental Justice Perspective	p. 92
Introduction	p. 92
Bringing in Space in Europe	p. 94
The European Spatial Development Perspective	p. 98
Elements	p. 105
Absence: Environmental Justice	p. 118
Conclusions	p. 124
EC External Relations on Environmental Law	p. 127
Introduction	p. 127
EC External Relations and the Protection of the Environment	p. 128
Introduction on the Existence and the Exclusivity Question	p. 128
The Existence Question	p. 129
The Exclusivity Question	p. 132
EC External Relations in the Environmental Field	p. 134
The Existence and the Exclusivity Question in the Environmental Field	p. 138
Case Study on EC External Relations on Trade and the Environment	p. 141
Introduction on the Trade and Environment Issue	p. 141
The WTO Context and the Relevant GATT Provisions and Case Law	p. 146
The Application of Article XX(b) GATT	p. 148
The Application of Article XX(g) GATT	p. 152
The Case Law on the SPS Agreement	p. 153
The Case Law on the TBT Agreement	p. 156
Remarks on the EC's Behaviour in the Context of the WTO Case Law	p. 157
Case Study on EC External Relations on Climate Change	p. 161
Introduction on the International Climate Change Regime	p. 161
The EC and the International Climate Change Regime	p. 162
Issues of International and EC Responsibility for Non-compliance with the Climate Change Commitments under the Kyoto Protocol	p. 165
Concluding Remarks	p. 168
A Climate of Change: An Analysis of Progress in EU and International Climate Change Policy	p. 171
Introduction	p. 171
Climate Science: Spreading the Inconvenient Truth	p. 173
Politics and IPCC's Fourth Assessment Report	p. 173
Future Challenges for the IPCC	p. 180
Climate Change, Energy Security, and Competitiveness	p. 183
Mainstreaming Climate Change into the International Policy Agenda	p. 189
The G-8: from Gleneagles via Heiligendamm to Hokkaido	p. 190
The Major Economies Meeting	p. 192
Mainstreaming Climate Change in the UN System	p. 194
Finance and Trade Ministers' Meetings in Bali	p. 195
Mainstreaming: Challenges Ahead	p. 197
The Bali UN Climate Change Conference	p. 198
A Heavy Agenda	p. 198
A Difficult Final Spurt	p. 200
The Bali Action Plan	p. 201
A Shared Vision	p. 202
Further Commitments for Developed Countries	p. 204
Actions by Developing Countries	p. 205
Conclusion: The Road from Bali	p. 208
Index	p. 213
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