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The Effectiveness of Environmental Law

The Effectiveness of Environmental Law

Author: Sandrine Maljean-Dubois
Publisher: Intersentia Publishers
ISBN: 9781780684673
Published In: June 2017
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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This book is the third volume in the European Environmental Law Forum (EELF) book series. The EELF is a non-profit initiative of environmental law scholars and practitioners from across Europe aiming to support intellectual exchange on the development and implementation of international, European and national environmental law in Europe. One of the activities of the EELF is an annual conference. This book is comprised of fifteen contributions presented at the Third EELF Conference in Aix-en-Provence, hosted by the Central European Research Infrastructure Consortium, at Aix-Marseille University, from 2 to 4 September 2015.

The central topic of the book is the effectiveness of environmental law. The impressive development in environmental law has not always been matched by corresponding improvements in environmental quality. The threats to our environment and, by extension, to our health have never been so numerous or serious. But paradoxically, the effectiveness of environmental law has been a long-neglected issue. This book offers a fruitful and stimulating dialogue between practitioners and academics, from varied countries and varied fields, combining empirical and theoretical approaches.

The contributions go from classical -but still necessary- tools (control, criminal, administrative, civil sanctions, liability rules, strengthening of the regulatory structure and the role of judges...), to more innovative ones (public participation, effectiveness of instrument mixes, collaborative governance, hybrid governance and private environmental enforcement...).

PART 1. MEASURING AND ASSESSING EFFECTIVENESS

Chapter 1. The Climate Resilience of Critical Infrastructural Network Sectors. An Interdisciplinary Method for Assessing Formal Responsibilities for Climate Adaptation in Critical Infrastructural Network Sectors

PART 2. IMPROVING EFFECTIVENESS

2.1 BETTER LEGISLATION

Chapter 2. The Effectiveness of Payment for Ecosystem Services: a mix between a gradient model of public intervention and an effective normative framework

Chapter 3. The Effectiveness of Environmental Law through Contracts

Chapter 4. Legal Weaknesses and Windows of Opportunity in Transnational Biodiversity Protection: as Seen through the Lens of an Ecosystem Approach-Based Paradigm

Chapter 5. Better Expertise through Institutional Linkages. The Case of the Mediterranean Basin

Chapter 6. Environmental Dignity Rights

Chapter 7. The Environmental Protection of Traditional Knowledge and the Active Participation of Indigenous Peoples in the Planning, Management and Decision-Making Processes as Means of Improving the Effectiveness of Environmental Law

Chapter 8. Promoting Electricity from Renewable Energy Sources in France. Is French Law Appropriate for Achieving the Objectives?

Chapter 9. Changing Patterns of International Environmental Law-Making: Addressing Normative neff ectiveness

Chapter 10. The Effectiveness of EU Nature Legislation: a long battle to secure supporting sectoral policies

2.1 BETTER IMPLEMENTATION

Chapter 11. Towards More Effective Protection of Water Resources in Europe by Improving the Implementation of the Water Framework Directive and the Aarhus Convention in the Netherlands

Chapter 12. Environmental Inspectors and Public Prosecutors. Is Sharing Information Always Useful?

Chapter 13. Environmental Damage Caused by Oil Exploitation in Brazil. The “Conduct Adjustment Agreement” (TAC) as a Means to Circumvent Civil Liability Ineffectiveness

Chapter 14. Can Multilateral Development Banks be More Environmentally Effective? Perspectives from the Practice of International Accountability Mechanisms