Environmental Rights in Europe and Beyond

Environmental / Energy Law

Environmental Rights in Europe and Beyond

Edited by Sanja Bogojevic · Rosemary Rayfuse Rayfuse
Hart Publishing August 2018

Specifications

ISBN-13
9781509911110
Publisher
Hart Publishing
Publication
August 2018
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

Global resources and the environment are under great pressure. This is giving rise to an environmental rights revolution, which puts environmental law in the centre of current rights debates.

This new volume in the Swedish Studies in European Law series tracks this and identifies three emerging trends. Firstly, there is an increase in the constitutionalising of rights of nature; ie enshrining positive environmental rights. Secondly, participatory rights are on the rise, broadening the range of actors that might rely on environmental law. And finally, marketable rights to promote efficient use of natural resources are being applied.

The collection brings together key experts to explore these trends from the national, European and international perspective.

Table of Contents

Part I: Environmental Rights: Hopes, Fears and Realities
1. Environmental Rights in Europe and Beyond: Setting the Scene
Sanja Bogojevic and Rosemary Rayfuse
2. Pitfalls in Promoting Environmental Rights
Colin T Reid
3. Environmental Rights in Marine Spaces
Richard Barnes

Part II: What Kinds of Environmental Rights in the EU Context?
4. Substantive Environmental Rights in the EU: Doomed to Disappoint?
Chris Hilson
5. Environmental (Property) Rights in Market-based Management
Sanja Bogojevic
6. Environmental Rights and Principles: Investigating Article 37 of the EU Charter of Fundamental Rights
Eloise Scotford
7. Article 11 TFEU and Environmental Rights
Julian Nowag

Part III: Courts and Environmental Rights
8. Green Courts as the Providers of Environmental Rights? The Case of the Swedish Land and Environment Courts
Anders Bengtsson
9. EU Environmental Rights as Human Rights: Some Methodological Difficulties Facing European Courts 1
Eduardo Gill-Pedro

Part IV: Whose Environmental Rights?
10. The Rights of Environmental Investors: The Case of Renewable Energy
Anatole Boute
11. Pulling the Trigger: ENGO Standing Rights and the Enforcement of Environmental Obligations in EU Law
Jan Darpö
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