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'From the EU ETS to a Global Carbon Market: An Analysis and Suggestions for the Way Forward', Javier de Cendra de Larragán, Issue 1, pp. 2–17 |
infoJavier de Cendra de Larragán, 'From the EU ETS to a Global Carbon Market: An Analysis and Suggestions for the Way Forward' (2010) 19 European Energy and Environmental Law Review, Issue 1, pp. 2–17 | | Copyright © 2010 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR2010001 | 
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'Climate Change and the National Academy of Sciences’ Idea of Geoengineering: One American Academic’s Perspective on First Considering the Text of Existing International Agreements', Rex J. Zedalis, Issue 1, pp. 18–32 |
infoRex J. Zedalis, 'Climate Change and the National Academy of Sciences’ Idea of Geoengineering: One American Academic’s Perspective on First Considering the Text of Existing International Agreements' (2010) 19 European Energy and Environmental Law Review, Issue 1, pp. 18–32 | | Copyright © 2010 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR2010002 |
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'Channelling of Nuclear Third Party Liability towards the Operator: Is it Sustainable in a Developing Nuclear World or is there a Need for Liability of Nuclear Architects and Engineers?', Evelyne Ameye, Issue 1, pp. 33–58 |
infoEvelyne Ameye, 'Channelling of Nuclear Third Party Liability towards the Operator: Is it Sustainable in a Developing Nuclear World or is there a Need for Liability of Nuclear Architects and Engineers?' (2010) 19 European Energy and Environmental Law Review, Issue 1, pp. 33–58 | | World-wide, almost all legal regimes transfer third party liability for nuclear accidents exclusively towards the operator of a nuclear plant. This is called “channelling” and implies that the operator of a nuclear installation is exclusively liable for damages, either legally or economically. Irrespective of their possible contribution, none of the other players – suppliers of nuclear material or fuel, transporters of nuclear material or fuel to and from the nuclear power plant, subcontractors, test operators, consultants, nuclear plant designers and constructors – bears any responsibility towards third parties in the event of a nuclear accident. Channelling is an oddity of nuclear liability law. It deviates from the nuts and bolts of ordinary tort law provided for by both civil law and common law systems. The present paper will not consider all above-listed players that are exempted from liability following the channelling principle, but will focus on designers and constructors.1 Indeed, the question will be examined whether, in this day and age, liability should still be exclusively channelled to the operator when a nuclear accident is partly or entirely due to design or construction faults or deficiencies. The paper will, firstly, analyse the origin and raison d’eÃtre of the principle of channelling liability towards the nuclear power plant operator, both as regards the so-called “legal” and “economic” channelling regimes. It will then proceed to review the sustainability of “lchannelling” in a “mature” nuclear sector, which currently faces massive technological challenges at the dawn of a nuclear renaissance. In doing so, this author will examine to which extent the most popular form of channelling – legal channelling – is sustainable in the light of recent developments in the nuclear sector or whether it would be advisable, on the contrary, to introduce liability of designers and constructors (architects-engineers) of nuclear power plants. Special attention will be paid to both the fact that nuclear energy is not an embryonic industry anymore, and that new reactor technologies are likely to alter the involvement of designers and constructors. To accurately assess the question from a pragmatic, industry-oriented perspective, the paper considers the outcome of a consultation held on the issue with, on the one hand, nuclear power plant operators and, on the other hand, nuclear designers and constructors. Due to the limited responses to the survey, it has not been possible to draw any statistically relevant conclusions. However, the opinions of the consulted stakeholders – who all requested anonymity – have been inserted, where appropriate, throughout the body of the present paper. One should keep in mind that these inputs are not of a representative, but merely indicative nature. Copyright © 2010 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR2010003 |
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ISSUE 2 | |
'Enforcement of Environmental Law in the Flemish Region', Michael G. Faure, Katarina Svatikova, Issue 2, pp. 60–79 |
infoMichael G. Faure, Katarina Svatikova, 'Enforcement of Environmental Law in the Flemish Region' (2010) 19 European Energy and Environmental Law Review, Issue 2, pp. 60–79 | | Enforcing compliance with environmental regulations has been on the agenda for many years in many legal systems. The recent European Union directive concerning the protection of the environment through criminal law shows that criminal law is increasingly used as an enforcement instrument. However, recent theoretical Law and Economics literature, as well as scarce empirical literature tend to suggest that, given the high administrative costs of criminal law, administrative law could be the primary enforcement instrument under certain conditions. This paper contributes to this debate by providing some evidence on criminal enforcement decisions made by the environmental inspection agency, the public prosecutor and the judges for the environmental violations in the Flemish Region. The results suggest that legal systems which primarily rely on the use of criminal law to enforce environmental regulations, such as the Flemish Region, do not provide ex ante enough incentives for a violator to comply. This stems from the fact that the probability of being apprehended and prosecuted is relatively small, as well as the average fines imposed by the court. In addition to the low expected sanction a violator faces, more than 60% of cases are dismissed. Even though the reasons for this might be more nuanced, our results cast serious doubts on the effectiveness of criminal law enforcement of environmental regulations. Copyright © 2010 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR2010004 |
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'The Implementation of EC Directives in Italy: the Environmental Code and the Transversal Tools', Giovanna Mastrodonato, Issue 2, pp. 80–86 |
infoGiovanna Mastrodonato, 'The Implementation of EC Directives in Italy: the Environmental Code and the Transversal Tools' (2010) 19 European Energy and Environmental Law Review, Issue 2, pp. 80–86 | | Copyright © 2010 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR2010005 |
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'An Integrative Approach at European Level for Wildfires: Towards a Framework Directive', Jorge Agudo González, Issue 2, pp. 87–101 |
infoJorge Agudo González, 'An Integrative Approach at European Level for Wildfires: Towards a Framework Directive' (2010) 19 European Energy and Environmental Law Review, Issue 2, pp. 87–101 | | This article deals with a new approach to the wildfires legal framework in the European Union. Although the former European norms tackled this subject from a partial point of view, new experiences show that an integrative approach is needed. In fact, all the European institutions agree in relation with the need to advance towards a global and general regulation. So this article tries to explain how the European institutions can base their competences to approve a Framework Directive which should implement tools and instruments in several topics as environment, forest management, land planning and civil protection, all linked to a preventive and extinctive fire management system. The main problems to solve this question have to do with two points. First of all, it is indispensable to justify the competences conferred to the European institutions to regulate in all the subjects mentioned above. Secondly, it is also necessary to give reasons for explaining how the European Community can act in relation with a problem with such wide ranging effects across Europe, and how that new common approach could fulfill the subsidiarity principle. Copyright © 2010 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR2010006 |
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'Environmental Protection European Law and Governance, edited by J. Scott. (Oxford University Press, February 2009)', Margherita Poto, Issue 2, pp. 102–103 |
infoMargherita Poto, 'Environmental Protection European Law and Governance, edited by J. Scott. (Oxford University Press, February 2009)' (2010) 19 European Energy and Environmental Law Review, Issue 2, pp. 102–103 | | Copyright © 2010 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR2010007 |
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ISSUE 3 | |
'The Compatibility of “Temporary Nature” with European Nature Conservation Law', Hendrik Schoukens, An Cliquet, Peter De Smedt, Issue 3, pp. 106–131 |
infoHendrik Schoukens, An Cliquet, Peter De Smedt, 'The Compatibility of “Temporary Nature” with European Nature Conservation Law' (2010) 19 European Energy and Environmental Law Review, Issue 3, pp. 106–131 | | Copyright © 2010 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR2010008 |
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'Making Environmental Principles Work under the Common Fisheries Policy', Till Markus, Issue 3, pp. 132–144 |
infoTill Markus, 'Making Environmental Principles Work under the Common Fisheries Policy' (2010) 19 European Energy and Environmental Law Review, Issue 3, pp. 132–144 | | In April 2009, the European Commission published a Green Paper on the Reform of the Common Fisheries Policy. The Green Paper reinforces the Community’s commitment to sustainable, precautionary and ecosystem-based fisheries management principles. However, such a commitment already exists under the present Community fisheries regime and has not saved fish stocks from being alarmingly overfished. This article assesses the legal status and the content of these environmental principles under Community law and the implications they have for the CFP management system. Given past CFP management failures, it outlines how these principles should be designed de lege ferenda in order to make them more effective. Environmental principles must be granted legal effect if such principles are to guide political and administrative decisions under the CFP. They must guarantee definite exploitation limits and establish concrete obligations that guarantee protection of stocks within ecologically meaningful boundaries. In addition, such principles must become judicially reviewable by the Court of Justice. This would ultimately require the Council to limit its own discretion with regards to setting exploitation limits, and grant environmental groups standing before Community courts to challenge fisheries legislation in the interest of environmental protection. Copyright © 2010 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR2010009 |
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'The Inclusion of the Shipping Industry in the EU ETS', Mariella Kremlis, Issue 3, pp. 145–156 |
infoMariella Kremlis, 'The Inclusion of the Shipping Industry in the EU ETS' (2010) 19 European Energy and Environmental Law Review, Issue 3, pp. 145–156 | | Copyright © 2010 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR2010010 |
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'Guida alla legislazione alimentare. L’applicazione pratica, il controllo ufficiale, l’audit, le responsabilita, le sanzioni, l’etichettatura, la pubblicita by D. Pisanello (ed.) C. Biglia, C.M. Pellicano. (EPC Libri Roma, 2010)', Margherita Poto, Issue 3, pp. 157–158 |
infoMargherita Poto, 'Guida alla legislazione alimentare. L’applicazione pratica, il controllo ufficiale, l’audit, le responsabilita, le sanzioni, l’etichettatura, la pubblicita by D. Pisanello (ed.) C. Biglia, C.M. Pellicano. (EPC Libri Roma, 2010)' (2010) 19 European Energy and Environmental Law Review, Issue 3, pp. 157–158 | | Copyright © 2010 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR2010011 |
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ISSUE 4 | |
'The Protection of Land in Greece – before and after the implementation of the Environmental Liability Directive', Natalia Charalampidou, Issue 4, pp. 160–174 |
infoNatalia Charalampidou, 'The Protection of Land in Greece – before and after the implementation of the Environmental Liability Directive' (2010) 19 European Energy and Environmental Law Review, Issue 4, pp. 160–174 | | On September 29, 2009 the Presidential Decree on Environmental Liability that implements the Environmental Liability Directive came into force. Environmental protection was previously provided in legislative works as well, such as in the Constitution and in the Law on Environmental Protection, which are shortly portrayed. Though, through the Presidential Decree on Environmental Liability, long awaited land protection legislation in Greece finally came to pass. The definitions set out, the competent authorities, the preventive and remedial actions, as well as the offenders liable for the preventive and remedial costs are analysed. Equally the cases of multiple party causation foreseen, that include contributory negligence of operator, producer, importer, supplier and public authority, are set out. During this analysis, a comparative view of the final form of the Degree with the initial draft thereof is offered. Special mention is made of the polluter-pays principle in Greece that is compared with the ones in the United Kingdom and in Germany. Finally, some aspects that have not been regulated in the Presidential Decree, contrary to those in the United Kingdom, Germany and The Netherlands, are noted. Copyright © 2010 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR2010012 |
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'The Internal Gas Market according to the Law of Competition. Provisions of the Community’s Third Package', José Eugenio Soriano García, Issue 4, pp. 175–199 |
infoJosé Eugenio Soriano García, 'The Internal Gas Market according to the Law of Competition. Provisions of the Community’s Third Package' (2010) 19 European Energy and Environmental Law Review, Issue 4, pp. 175–199 | | Copyright © 2010 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR2010013 |
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'Climate Change Policy in the European Union: Confronting the Dilemmas of Mitigation and Adaptation?, by Jordan, A., Huitema, D., Asselt van, H., Rayner, T. and Berkhout, F. (2010). (Cambridge: University Press)', Katrin Glatzel, Issue 4, pp. 200–202 |
infoKatrin Glatzel, 'Climate Change Policy in the European Union: Confronting the Dilemmas of Mitigation and Adaptation?, by Jordan, A., Huitema, D., Asselt van, H., Rayner, T. and Berkhout, F. (2010). (Cambridge: University Press)' (2010) 19 European Energy and Environmental Law Review, Issue 4, pp. 200–202 | | Copyright © 2010 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR2010014 |
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ISSUE 5 | |
'Enforcement of EU Environmental Law and the Role of Interim Relief Measures', Martin Hedemann-Robinson, Issue 5, pp. 204–229 |
infoMartin Hedemann-Robinson, 'Enforcement of EU Environmental Law and the Role of Interim Relief Measures' (2010) 19 European Energy and Environmental Law Review, Issue 5, pp. 204–229 | | Copyright © 2010 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR2010015 |
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'EU Border Tax Adjustments and Climate Change: Reaching Consensus within the International Legal Context', Ottavio Quirico, Issue 5, pp. 230–238 |
infoOttavio Quirico, 'EU Border Tax Adjustments and Climate Change: Reaching Consensus within the International Legal Context' (2010) 19 European Energy and Environmental Law Review, Issue 5, pp. 230–238 | | Copyright © 2010 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR2010016 |
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'Wind Energy and Local Acceptance: How to Get Beyond the Nimby Effect', Birgitte Egelund Olsen, Issue 5, pp. 239–251 |
infoBirgitte Egelund Olsen, 'Wind Energy and Local Acceptance: How to Get Beyond the Nimby Effect' (2010) 19 European Energy and Environmental Law Review, Issue 5, pp. 239–251 | | Wind energy is a proven technology that has the potential to partly replace the dominance of fossil fuels. However, the further development of wind energy poses many challenges. One significant obstacle is that wind energy projects increasingly confront local opposition, delaying and blocking its implementation. This article argues that an important instrument for overcoming local opposition is to give better and more targeted information to the local population and to provide incentives that involve them in wind projects financially or spur them to take part in the decision-making process. Such initiatives need to be accompanied by legal frameworks and coherent institutional structures that ensure a balancing of global and local concerns and interests. Copyright © 2010 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR2010017 |
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'Global Climate Governance Beyond 2012: Architecture, Agency and Adaptation, by Biermann, F., Pattberg, P. and Zelli, F. (Cambridge: University Press, 2010)', Katrin Glatzel, Issue 5, pp. 252–254 |
infoKatrin Glatzel, 'Global Climate Governance Beyond 2012: Architecture, Agency and Adaptation, by Biermann, F., Pattberg, P. and Zelli, F. (Cambridge: University Press, 2010)' (2010) 19 European Energy and Environmental Law Review, Issue 5, pp. 252–254 | | This book presents the research that has been carried out over the past three years by a team of 30 leading experts from seven different research institutions in Europe and India. It provides the reader with an up-to-date assessment of policy options for future global climate governance. The authors address three major questions throughout the book, which will arguably be at the heart of any future climate agreements: what is the most effective legal and institutional architecture for global climate politics? What role should non-state actors play? And lastly, what are the possibilities for the global community to adapt to a warmer world? The authors’ aim is to develop and generate new ideas that may assist future negotiations on a new global agreement on global climate governance for the period after 2012, when the current commitment period under the Kyoto Protocol expires. In the 19 chapters the authors seek to answer these questions by integrating a variety of approaches ranging from quantitative research to legal and policy analysis. Copyright © 2010 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR2010018 |
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ISSUE 6 | |
'Effective, Proportional and Dissuasive Penalties in the Implementation of the Environmental Crime and Ship-source Pollution Directives: Questions and Challenges', Michael G. Faure, Issue 6, pp. 256–278 |
infoMichael G. Faure, 'Effective, Proportional and Dissuasive Penalties in the Implementation of the Environmental Crime and Ship-source Pollution Directives: Questions and Challenges' (2010) 19 European Energy and Environmental Law Review, Issue 6, pp. 256–278 | | Copyright © 2010 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR2010019 |
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'Causation in the Polluter Pays Principle', Youri Mossoux, Issue 6, pp. 279–294 |
infoYouri Mossoux, 'Causation in the Polluter Pays Principle' (2010) 19 European Energy and Environmental Law Review, Issue 6, pp. 279–294 | | The aim of this paper is to show the limits of the discretionary power that EU primary law provides for public authorities in determining the polluter in order to allocate the costs of pollution under the polluter pays principle. According to the ECJ, the polluter is a person who by his activity contributes to the risk that pollution occurs. Hence, public authorities may not classify someone as a polluter if he did not cause the pollution. Causation in the polluter pays principle can be compared to causation in civil liability. When the legislator predetermines the polluter in the legislation, he uses ex ante causal probabilities, but when public administrations or national courts identify the polluter in a concrete case they should use the condition sine qua non theory. This is confirmed by secondary legislation and case law, especially in the fields of waste management, environmental liability. Copyright © 2010 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR2010020 |
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'EU Energy Policy and the Arctic Region: A Balancing Interest between Environmental Responsibility and Resource Dependence', Kamrul Hossain, Issue 6, pp. 295–305 |
infoKamrul Hossain, 'EU Energy Policy and the Arctic Region: A Balancing Interest between Environmental Responsibility and Resource Dependence' (2010) 19 European Energy and Environmental Law Review, Issue 6, pp. 295–305 | | Copyright © 2010 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR2010021 |
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'Oil and Gas: A Practical Handbook, edited by Geoffrey Picton-Turbervill. (Globe Business Publishing Ltd, 2009)', Rayhan Rashid, Issue 6, pp. 306–308 |
infoRayhan Rashid, 'Oil and Gas: A Practical Handbook, edited by Geoffrey Picton-Turbervill. (Globe Business Publishing Ltd, 2009)' (2010) 19 European Energy and Environmental Law Review, Issue 6, pp. 306–308 | | Copyright © 2010 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR2010022 |
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