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Interpreting Environmental Offences: The Need for Certainty

Interpreting Environmental Offences: The Need for Certainty

Author: Emma Lees
Publisher: Hart Publishing
ISBN: 9781849467377

Published In: May 2015
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509916030

List Price: $169.00

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Description
Contents

Details

This book analyses the interpretation of environmental offences contained in the waste, contaminated land, and habitats' protection regimes. It concludes that the current purposive approach to interpretation has produced an unacceptable degree of uncertainty. Such uncertainty threatens compliance with rule of law values, inhibits predictability, and therefore produces a scenario which is unacceptable to the wider legal and business community.

The author proposes that a primarily linguistic approach to interpretation of the relevant rules should be adopted. In so doing, the book analyses the appropriate judicial role in an area of high levels of scientific and administrative complexity. The book provides a framework for interpretation of these offences. The key elements that ought to be included in this framework - the language of the provision, the harm tackled as drafted, regulatory context, explanatory notes and preamble and purpose in a broader sense - are considered in this book. Through this framework a solution to the certainty problem is provided.

1. Introduction

I. Structure

II. Motivation, Scope and Methodology

2. Environmental Criminal Law in Context

I. Property and Environmental Law

II. Human Rights and the Environment III. Questions of Risk

IV. Jurisdictional Overlap-National Law and EU Law

V. Interpretation and Judicial Reasoning

VI. Criminal Law and Environmental Law

VII. Conclusion

3. Legal Certainty I. Defining Legal Certainty

II. Transparency and Accessibility in National and European Case Law