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'Country Reports: Greece, The Netherlands', Issue 1, pp. 2–4 |
info'Country Reports: Greece, The Netherlands' (1999) 8 European Energy and Environmental Law Review, Issue 1, pp. 2–4 | | Copyright © 1999 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR1999001 | 
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'New Opportunities or Trade Barrier in Disguise? The EC Eco-Labelling Scheme', Bart Driessen, Vermulst, Issue 1, pp. 5–15 |
infoBart Driessen, Vermulst, 'New Opportunities or Trade Barrier in Disguise? The EC Eco-Labelling Scheme' (1999) 8 European Energy and Environmental Law Review, Issue 1, pp. 5–15 | | The EC and other eco-labelling schemes; their voluntary nature; "cradle-to-grave" or "single-issue" bases. Organisation of the EC scheme and the procedure for setting eco-labelling criteria. Applying for an eco-label Costs of participation. The Commission's proposal for a revised scheme. Compatibility of the EC scheme with the WTO Agreement on Technical Barriers to Trade (TBT); whether or not eco-labelling schemes fall within the Agreement; the requirements which would then apply and resulting legal problems. The inclusion in eco-labelling criteria of production processes and methods (PPMs) and consequent difficulties for producers based outside the EC. Conclusion that despite current difficulties (lack of transparency, proliferation of schemes, slowness of implementation, questions of recognition of mutual equivalence of standards, reliance on PPMs, obtaining certification for exporters from developing countries, and the place of the TBT Agreement), the EC scheme remains a valuable marketing tool. Copyright © 1999 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR1999002 |
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'A New Network to Aid Enforcement of Environmental Laws in Central and Eastern Europe and Central Asia', Andrew M Farmer, Issue 1, pp. 15–17 |
infoAndrew M Farmer, 'A New Network to Aid Enforcement of Environmental Laws in Central and Eastern Europe and Central Asia' (1999) 8 European Energy and Environmental Law Review, Issue 1, pp. 15–17 | | A new international network (ECAINECE) of environmental law enforcement agencies was established in May 1998 covering countries of central and eastern Europe and Central Asia. It is different from existing European networks (e.g. IMPEL) in not focusing on a common set of legislation, but shares common goals of exchange of information and experience. Success of the network would significantly aid the development of environmental law and its enforcement in non EU accession transition states. Copyright © 1999 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR1999003 |
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'The Approximation of EU Environmental Legislation in the Czech Republic', Andrej Hronec, Issue 1, pp. 17–20 |
infoAndrej Hronec, 'The Approximation of EU Environmental Legislation in the Czech Republic' (1999) 8 European Energy and Environmental Law Review, Issue 1, pp. 17–20 | | Copyright © 1999 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR1999004 |
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'European Court of Justice: Case Report', Christine Denys, Issue 1, pp. 21–30 |
infoChristine Denys, 'European Court of Justice: Case Report' (1999) 8 European Energy and Environmental Law Review, Issue 1, pp. 21–30 | | Copyright © 1999 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR1999005 |
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'Eurobrief', Issue 1, pp. 30–32 |
info'Eurobrief' (1999) 8 European Energy and Environmental Law Review, Issue 1, pp. 30–32 | | Copyright © 1999 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR1999006 |
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ISSUE 2 | |
'Country Reports: Belgium, The Netherlands, Portugal, Switzerland, the United Kingdom', Issue 2, pp. 34–43 |
info'Country Reports: Belgium, The Netherlands, Portugal, Switzerland, the United Kingdom' (1999) 8 European Energy and Environmental Law Review, Issue 2, pp. 34–43 | | Copyright © 1999 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR1999007 |
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'Precaution and Prevention: Giving Effect to Article 130r Without Direct Effect', Alan Doyle, Tom Carney, Issue 2, pp. 44–47 |
infoAlan Doyle, Tom Carney, 'Precaution and Prevention: Giving Effect to Article 130r Without Direct Effect' (1999) 8 European Energy and Environmental Law Review, Issue 2, pp. 44–47 | | Article 13Or, EC Treaty, setting out the principles of Community environmental policy, and not having direct effect; contention, based on an analogy with Community competition law, that Article 130r imposes obligations to be observed when Member States legislate and when their authorities make individual environmental decisions; argument that European environmental legislation must be interpreted in accordance with Article 13Or even when the legislation was adopted before Article 130r was enacted; effect on public international law if the overall thesis were accepted. Copyright © 1999 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR1999008 |
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'Eurobrief', Issue 2, pp. 48–64 |
info'Eurobrief' (1999) 8 European Energy and Environmental Law Review, Issue 2, pp. 48–64 | | Copyright © 1999 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR1999009 |
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ISSUE 3 | |
'Country Reports: Germany, The Netherlands, United Kingdom', Issue 3, pp. 66–71 |
info'Country Reports: Germany, The Netherlands, United Kingdom' (1999) 8 European Energy and Environmental Law Review, Issue 3, pp. 66–71 | | Copyright © 1999 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR1999010 |
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'UK Perspectives on the Definition of "Waste" in EU Legislation', David Pocklington, Issue 3, pp. 72–76 |
infoDavid Pocklington, 'UK Perspectives on the Definition of "Waste" in EU Legislation' (1999) 8 European Energy and Environmental Law Review, Issue 3, pp. 72–76 | | The recent decision of the High Court of England and Wales in Mayer Parry Recycling v The Environment Agency, providing an analysis of the term "discard" in the context of waste law and its relationship to recovery operations; the point at which material ceases to be regarded as waste; the "environmental criterion" in borderline cases. Copyright © 1999 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR1999011 |
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'The Gabcikovo-Nagymaros Case: A Step Forward for Environmental Considerations in the Joint Development of Transboundary Resources?', F. Nii Botchway, Issue 3, pp. 76–82 |
infoF. Nii Botchway, 'The Gabcikovo-Nagymaros Case: A Step Forward for Environmental Considerations in the Joint Development of Transboundary Resources?' (1999) 8 European Energy and Environmental Law Review, Issue 3, pp. 76–82 | | The agreement between Czechoslovakia and Hungary for construction works on both sides of the River Danube; abandonment of the project by Hungary and implementation of an alternative project by Czechoslovakia. Decision of the International Court of Justice that abandonment of the project could not be justified on the grounds of ecological necessity and that Czechoslovakia violated its agreement with Hungary by implementing its alternative scheme. The political context - the demise of communism and the growth of environmentalism, particularly in Hungary; the principle that change in the system of political governance alone is insufficient to invalidate treaty obligations. Whether the doctrine of frustration or force majeure could have been invoked The environmental arguments raised by Hungary and the increasing consideration given to them; whether recent environmental insights could be incorporated retroactively into the treaty, the court's position apparently indicating that this could be so. International law on joint developments - two conflicting positions. Copyright © 1999 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR1999012 |
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'European Court of Justice: Case Report', Christine Denys, Issue 3, pp. 82–89 |
infoChristine Denys, 'European Court of Justice: Case Report' (1999) 8 European Energy and Environmental Law Review, Issue 3, pp. 82–89 | | Copyright © 1999 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR1999013 |
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'Eurobrief', Issue 3, pp. 89–96 |
info'Eurobrief' (1999) 8 European Energy and Environmental Law Review, Issue 3, pp. 89–96 | | Copyright © 1999 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR1999014 |
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ISSUE 4 | |
'Country Reports: Spain, United Kingdom', Issue 4, pp. 98–100 |
info'Country Reports: Spain, United Kingdom' (1999) 8 European Energy and Environmental Law Review, Issue 4, pp. 98–100 | | Copyright © 1999 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR1999015 |
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'Carbon Dioxide Emissions and Cars: An Environmental Agreement at EU Level', Jan Bongaerts, Issue 4, pp. 101–104 |
infoJan Bongaerts, 'Carbon Dioxide Emissions and Cars: An Environmental Agreement at EU Level' (1999) 8 European Energy and Environmental Law Review, Issue 4, pp. 101–104 | | The EU's commitment to reducing carbon dioxide emissions and its "three pillars" strategy. The environmental agreement entered into with the European Automobile Manufacturers Association (ACEA); execution of the agreement; its contents; assessment by the Commission; the position of nonmembers of ACEA. Intermediate evaluation of the agreement. Reasons for adopting an environmental agreement rather than formulating legislation-uncertainty about the relative success of different technological measures, changes in marketing mix and keeping the global playing field level Conclusion that "the challenge will consist in putting the agreement into practice". Copyright © 1999 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR1999016 |
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'Shipments of Waste: Challenges to Transnational Cooperation', A M E Veldkamp, Issue 4, pp. 104–110 |
infoA M E Veldkamp, 'Shipments of Waste: Challenges to Transnational Cooperation' (1999) 8 European Energy and Environmental Law Review, Issue 4, pp. 104–110 | | As a result of the differing costs of waste processing within the Community, the shipment of waste offers waste brokers, collectors and processors opportunities to profit. Cheap processing is not, however, always environmentally sound. Regulation (EEC) No 259/93 on the supervision and control of shipments of waste should guarantee that waste will be transported and processed without negative consequences for the environment. Nevertheless, in many countries persons and undertakings evade the Regulation and other Community legislation on the processing of waste. Transnational co-operation in both implementation and enforcement seems to be a conditio sine qua non for the effective operation of the Regulation. This article shows the cooperation which the Regulation requires, and the legal framework for this cooperation, which is not wholly adequate, it offers the Member States. The Netherlands and Germany (Nordrhein-Westfalen and Hessen) have more or less changed their national implementation and enforcement structures and policies in the way the Regulation demands. Yet the transnational cooperation contemplated in the Regulation is unlikely to be achieved unless far-reaching harmonisation of environmental standards for waste-processing and legal instruments for cooperation in enforcement are created at Community level. Copyright © 1999 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR1999017 |
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'The WTO Appellate Body In Shrimp/Turtle: Picking up the Pieces', Geert van Calster, Collegium Falconis, Issue 4, pp. 111–115 |
infoGeert van Calster, Collegium Falconis, 'The WTO Appellate Body In Shrimp/Turtle: Picking up the Pieces' (1999) 8 European Energy and Environmental Law Review, Issue 4, pp. 111–115 | | The WTO Appellate Body's Report in the Shrimp/Turtle case dismisses the application by the Panel of Article XX of the GATT Agreement. A unilateral measure cannot be excluded from the application of this Article merely because of its design. GATT Article XX requires a case-by-case approach. The "related to" test of GATT Article XX(g) requires a close relationship of ends and means. The US measures at issue amount to unjustifiable discrimination, because US officials applied a rigid and unbending standard for the granting of import licences, and failed to take account of all conservation measures in the exporting countries. The US legislation was also held to lead to arbitrary discrimination on due process grounds. The Report signals the further integration of international environmental developments in free trade law. Copyright © 1999 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR1999018 |
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'Eurobrief', Issue 4, pp. 115–128 |
info'Eurobrief' (1999) 8 European Energy and Environmental Law Review, Issue 4, pp. 115–128 | | Copyright © 1999 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR1999019 |
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ISSUE 5 | |
'Country Reports: Austria, Ireland, The Netherlands, Sweden,United Kingdom', Issue 5, pp. 130–136 |
info'Country Reports: Austria, Ireland, The Netherlands, Sweden,United Kingdom' (1999) 8 European Energy and Environmental Law Review, Issue 5, pp. 130–136 | | Copyright © 1999 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR1999020 |
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'The Beef Hormones Dispute and the Use of National Standards under WTO Law', Wybe Th. Douma, M. Jacobs, Issue 5, pp. 137–144 |
infoWybe Th. Douma, M. Jacobs, 'The Beef Hormones Dispute and the Use of National Standards under WTO Law' (1999) 8 European Energy and Environmental Law Review, Issue 5, pp. 137–144 | | The quest for balance between the interests of trade and the interests of the environment; whether it is necessary to amend the WTO/GATT rules to allow members to set their own higher standards for the protection of health, safety, the environment and biodiversity; the GATT 1994; the Agreement on Technical Barriers to Trade ("TBT"); and the Agreement on the Application of Sanitary and Phytosanitary Measures ("SPS"); the restraints on members' freedom to adopt and enforce national standards; Article 5 of the SPS-risk assessment, the proportionality test and the precautionary principle The Beef Hormones Case; the EC prohibition on imports of hormone-treated beef and the WTO Panel finding that this contravened WTO law. Conflicts between international and national measures - the WTO and EU situations compared. Conclusion that certain amendments of the SPS might reduce uncertainty about the right of members to set their own standards. Copyright © 1999 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR1999021 |
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'Eco-Labels: Benefits Uncertain, Impacts Unclear?', Andrew Herrup, Issue 5, pp. 144–153 |
infoAndrew Herrup, 'Eco-Labels: Benefits Uncertain, Impacts Unclear?' (1999) 8 European Energy and Environmental Law Review, Issue 5, pp. 144–153 | | The nature of eco-label schemes and the reasons for their introduction; the process by which product groups and eco-labelling criteria are defined and the problems these raise in practice - independence, defining product categories, setting criteria, transparency, the multiplicity of programs; history of eco-labelling and an overview of the schemes which have been introduced; an evaluation of their effectiveness in terms of individual consumers and major corporate consumers; the effect of eco-labelling on trade and the debate as to whether or not they constitute barriers to trade; the place of international trade agreements; the current position; conclusion that close study must continue to determine whether eco-labelling schemes will in the long term succeed or fail. Copyright © 1999 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR1999022 |
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'European Court of Justice: Case Report', Han Somsen, Issue 5, pp. 153–157 |
infoHan Somsen, 'European Court of Justice: Case Report' (1999) 8 European Energy and Environmental Law Review, Issue 5, pp. 153–157 | | Copyright © 1999 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR1999023 |
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'Eurobrief', Issue 5, pp. 158–160 |
info'Eurobrief' (1999) 8 European Energy and Environmental Law Review, Issue 5, pp. 158–160 | | Copyright © 1999 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR1999024 |
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ISSUE 6 | |
'Country Reports: Belgium, Ireland, United Kingdom', Issue 6, pp. 162–170 |
info'Country Reports: Belgium, Ireland, United Kingdom' (1999) 8 European Energy and Environmental Law Review, Issue 6, pp. 162–170 | | Copyright © 1999 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR1999025 |
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'The Creation and Enforcement of Environmental Agreements', Patricia M. Bailey, Issue 6, pp. 170–179 |
infoPatricia M. Bailey, 'The Creation and Enforcement of Environmental Agreements' (1999) 8 European Energy and Environmental Law Review, Issue 6, pp. 170–179 | | In response to the Community's promotion of alternative instruments, as evidenced by the Fifth Environmental Action Programme, the last decade has seen an increased use of environmental agreements. These agreements, which are known by several different names, including "voluntary agreements", "negotiated agreements" and "covenants", are typically executed between government and industry, although recent participants have also included NGOs, environmental interest groups and the general public. Yet, despite the successes of environmental agreements, they are not universally popular and, indeed, often suffer from a credibility problem. Part of this problem stems from the lack of enforceability of these agreements, which lack is in turn often caused by a failure to provide appropriate conditions for monitoring compliance or imposing sanctions. This article begins with a review of what environmental agreements are, why they are useful and how they are created. That is followed by an analysis of how provisions for monitoring and sanctions can be utilised to enhance the efficiency and credibility of environmental agreements. The article next considers whether intervention by the state is necessary, and concludes with a look at the concept of the environmental agreement as a private law contract. Copyright © 1999 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR1999026 |
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'Integrated Pollution Prevention and Control: The Implementation of Directive 96/61/EEC', Antoinette Long, Claudio Mereu, Issue 6, pp. 180–184 |
infoAntoinette Long, Claudio Mereu, 'Integrated Pollution Prevention and Control: The Implementation of Directive 96/61/EEC' (1999) 8 European Energy and Environmental Law Review, Issue 6, pp. 180–184 | | Key elements of the Directive - Obligations imposed on industrial operators - Permits requirements and the "best available techniques" (BAT) criterion - Establishing European emission limit values - The exchange of information between the Commission and the Member States and the preparation of reference documents (BREFs) - The role of the lPPC Bureau - The implementation of the IPPC Directive by November 30, 1999, with a transitional period until October 30, 2007. Copyright © 1999 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR1999027 |
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'Eurobrief', Issue 6, pp. 184–192 |
info'Eurobrief' (1999) 8 European Energy and Environmental Law Review, Issue 6, pp. 184–192 | | Copyright © 1999 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR1999028 |
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ISSUE 7 | |
'Country Reports: Germany, Italy, United Kingdom', Issue 7, pp. 194–201 |
info'Country Reports: Germany, Italy, United Kingdom' (1999) 8 European Energy and Environmental Law Review, Issue 7, pp. 194–201 | | Copyright © 1999 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR1999029 |
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'Environmental Risks on Acquiring a Company in Possession of Contaminated Land', Karen Aitchison, Matthias Berger, Amel Al-Shajlawi, Bob Martens, Els Empereur, Bruno Kern, Dominique Vienne, Flavia Rosembuj, Issue 7, pp. 201–207 |
infoKaren Aitchison, Matthias Berger, Amel Al-Shajlawi, Bob Martens, Els Empereur, Bruno Kern, Dominique Vienne, Flavia Rosembuj, 'Environmental Risks on Acquiring a Company in Possession of Contaminated Land' (1999) 8 European Energy and Environmental Law Review, Issue 7, pp. 201–207 | | Environmental risks on the acquisition of a company in possession of contaminated land; the possible transmission of liabilities from a subsidiary company to a parent company; a comparative study of Belgium, France, Germany, Spain and the United Kingdom, examining the legal framework and the corporate liability regime in each; conclusion that there is an increasing view that soil protection is more likely to be best regulated by effective administrative law than by a system of civil liability. Copyright © 1999 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR1999030 |
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'The New German Batteries Ordinance', Claus-Peter Martens, Issue 7, pp. 207–211 |
infoClaus-Peter Martens, 'The New German Batteries Ordinance' (1999) 8 European Energy and Environmental Law Review, Issue 7, pp. 207–211 | | A review of the new German Ordinance on the Taking Back and Disposal of Used Batteries; implementation of the EU Directives, rendering compulsory certain arrangements previously assumed voluntarily; objectives - waste avoidance, recycling and proper disposal; definitions; the duties on manufacturers to take back batteries and recycle or dispose of them; the joint take-back system; the duty of distributors to take back certain batteries; special provisions in relation to vehicle starter batteries; duty on waste disposal bodies to accept batteries; the duty of end-users to return certain batteries; review of the system; labelling requirements; prohibition on introducing certain batteries into circulation; duties to provide information; penalties for breach. Copyright © 1999 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR1999031 |
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'European Court of Justice: Case Report', Han Sonzsen, Issue 7, pp. 211–218 |
infoHan Sonzsen, 'European Court of Justice: Case Report' (1999) 8 European Energy and Environmental Law Review, Issue 7, pp. 211–218 | | Copyright © 1999 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR1999032 |
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'Eurobrief', Issue 7, pp. 219–224 |
info'Eurobrief' (1999) 8 European Energy and Environmental Law Review, Issue 7, pp. 219–224 | | Copyright © 1999 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR1999033 |
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ISSUE 8/9 | |
'Country Reports: Italy, United Kingdom', Issue 8/9, pp. 226–229 |
info'Country Reports: Italy, United Kingdom' (1999) 8 European Energy and Environmental Law Review, Issue 8/9, pp. 226–229 | | Copyright © 1999 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR1999034 |
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'The Codification of Flemish Environmental Law', L. Lavrysen, Issue 8/9, pp. 230–234 |
infoL. Lavrysen, 'The Codification of Flemish Environmental Law' (1999) 8 European Energy and Environmental Law Review, Issue 8/9, pp. 230–234 | | The devolution of environmental competences to the Belgian Regions; the establishment, in Flanders, of the Interuniversity (Bocken) Commission; its mission; the Draft Decree on Environmental Policy; the Commission's sources and inspiration; the influence of European environmental law; difficulties in implementing the codification and progress to date; conclusion that the ultimate goal is still very far away. Copyright © 1999 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR1999035 |
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'Forthcoming Conferences', Issue 8/9, pp. 234–234 |
info'Forthcoming Conferences' (1999) 8 European Energy and Environmental Law Review, Issue 8/9, pp. 234–234 | | Copyright © 1999 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR1999036 |
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'Environmental Impact Assessment in Spain: A Critical Review', Esther Garcia Rodriguez, Issue 8/9, pp. 234–243 |
infoEsther Garcia Rodriguez, 'Environmental Impact Assessment in Spain: A Critical Review' (1999) 8 European Energy and Environmental Law Review, Issue 8/9, pp. 234–243 | | Spanish environmental legislation and the implementation of Directives 85/337/EEC and 97/11/ EC on environmental impact assessment (EIA); an analysis of the main factors that influence the effectiveness of EIA in Spain, those factors being characterised as either internal (that is, inherent in legislation) or external, that is, other factors, which can vary from political to social issues. A comparison between the theory and the practice; and an assessment of the likely efficacy of the amended EIA Directive in Spain. Conclusion that certain failings are caused by failings in the text of the EIA Directive itself; although certain national legislative mechanisms in Spain have gone beyond the terms of the Directive, EIA in Spain is a politicised and arbitrary process and legislation is not usually respected, leading to a high proportion of unsatisfactory EIA and irregular implementation. Copyright © 1999 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR1999037 |
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'Sweden's Role in EU Environmental Policy', Katarinn Molin, Issue 8/9, pp. 243–251 |
infoKatarinn Molin, 'Sweden's Role in EU Environmental Policy' (1999) 8 European Energy and Environmental Law Review, Issue 8/9, pp. 243–251 | | Upon accession to the EU in 1995, Sweden declared that it would take a keen interest in the development of EU environmental policy. Having already developed a national environmental policy which is progressive by international standards, the Swedish government stated its intention to work for strict environmental protection standards at the EU level also. In this article it is argued that, between 1995 and 1998, Sweden acted as an environmental leader in the three cases studied in particular: the 1996 Inter-Governmental Conference (IGC); acidification; and the Auto/Oil Programme. It is recognised, however, that the active role taken by Sweden in these policy areas owes much to domestic considerations, such as a high level of ecological vulnerability and a wish to protect national environmental standards. To achieve results in EU policy-making, both domestically-based and EU strategies have been applied by Sweden, which, in EU negotiations so far, has preferred compromise to confrontation. Copyright © 1999 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR1999038 |
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'Book Review', Issue 8/9, pp. 251–252 |
info'Book Review' (1999) 8 European Energy and Environmental Law Review, Issue 8/9, pp. 251–252 | | Copyright © 1999 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR1999039 |
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'Eurobrief', Issue 8/9, pp. 253–256 |
info'Eurobrief' (1999) 8 European Energy and Environmental Law Review, Issue 8/9, pp. 253–256 | | Copyright © 1999 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR1999040 |
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ISSUE 10 | |
'Country Reports: Belgium, Czech Republic, Italy, United Kingdom', Issue 10, pp. 258–265 |
info'Country Reports: Belgium, Czech Republic, Italy, United Kingdom' (1999) 8 European Energy and Environmental Law Review, Issue 10, pp. 258–265 | | Copyright © 1999 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR1999041 |
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'Integrated Product Policy: The New Approach to Environmental Regulation', Ian Rose, George Knighton, Issue 10, pp. 266–270 |
infoIan Rose, George Knighton, 'Integrated Product Policy: The New Approach to Environmental Regulation' (1999) 8 European Energy and Environmental Law Review, Issue 10, pp. 266–270 | | The development of integrated product policy, environmental controls being complemented by environmental management and the encouragement of "best available techniques"; the first "producer responsibility" obligations; the expected Green Paper; IPP defined as producer responsibility for a product from extraction of raw materials to managing the waste at the end of the product's life; lessons learnt from the Packaging and Packaging Waste Directive; other "producer responsibility" initiatives - the proposed directives on end-of-life vehicles and on waste electrical and electronic equipment; compliance and enforcement; competition issues; conclusions that the development of IPP is likely to accelerate, that those affected must monitor developments vigilantly, and that costs for businesses will increase. Copyright © 1999 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR1999042 |
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'Eeotaxes in the Framework of Community Law', Kirsten Borgsmidt, Issue 10, pp. 270–281 |
infoKirsten Borgsmidt, 'Eeotaxes in the Framework of Community Law' (1999) 8 European Energy and Environmental Law Review, Issue 10, pp. 270–281 | | The requirements of Community law to be met when setting up an ecotax derive from the fundamental principle of free circulation, and from different fields of law having different goals: the purpose of environmental law is environmental protection, whereas the purpose of international tax law is neutrality of tax measures. Community tax rules are deeply rooted in international (GATT/ WTO) law which still governs trade relations with third countries. International competitiveness is not to he distorted by tax measures. International law offers the instrument of border tax adjustment to ensure the neutrality of tax measures in cross border relations. However, border tax adjustment was not conceived in the light of environmental law. The merging of the two fields of law with different goals in the context of an ecotax tends to a preponderance of tax rules, simply because tax rules are so well-established in international law, whereas environmental rules, as part of a new field of law, are only slowly finding a Community-wide, or even worldwide, consensus. Greening the relevant tax rules therefore remains an open issue. The present article deals with the relevant Community law as developed by the Court of Justice, and draws attention to some of the open issues when environmental protection takes the form of taxes. Copyright © 1999 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR1999043 |
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'Eurobrief', Issue 10, pp. 281–288 |
info'Eurobrief' (1999) 8 European Energy and Environmental Law Review, Issue 10, pp. 281–288 | | Copyright © 1999 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR1999044 |
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ISSUE 11 | |
'Country Reports: Greece, Italy, the Netherlands, the United Kingdom', Issue 11, pp. 290–297 |
info'Country Reports: Greece, Italy, the Netherlands, the United Kingdom' (1999) 8 European Energy and Environmental Law Review, Issue 11, pp. 290–297 | | Copyright © 1999 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR1999045 |
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'The New Legal Framework for Remedying Contaminated Sites in Germany: The Soil Protection and Residual Pollution Ordinance', Matthias Berger, Andersen Freihalter, Issue 11, pp. 297–298 |
infoMatthias Berger, Andersen Freihalter, 'The New Legal Framework for Remedying Contaminated Sites in Germany: The Soil Protection and Residual Pollution Ordinance' (1999) 8 European Energy and Environmental Law Review, Issue 11, pp. 297–298 | | Copyright © 1999 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR1999046 |
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'Shaping the EC Regime on Liability for Environmental Damage: Progress or Disillusionment?', Sara Poli, Issue 11, pp. 299–309 |
infoSara Poli, 'Shaping the EC Regime on Liability for Environmental Damage: Progress or Disillusionment?' (1999) 8 European Energy and Environmental Law Review, Issue 11, pp. 299–309 | | the draft White Paper of March 1999 proposing an EC civil liability regime in respect of environmental damage; the historical background; the reasons for establishing a regime; the possible legal basis; the options for a way forward-accession to the Lugano Convention, a regime on transboundary damage, a Recommendation or a Directive; the Commission's chosen strategy. The main elements of the proposed regime: scope; identifying the liable party; multiple parties; strict liability; possible defences; causation; criteria for requiring damage to be remedied; "significant" damage only to be covered; access to justice; financial security; comparison with the US Superfund scheme. The interest groups: the attitudes of the business world, the environmental bodies and the Member States. Conclusion that the draft White Paper represents progress in certain respects, but that the proposal is weaker than might have been hoped. Copyright © 1999 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR1999047 |
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'Eurobrief', Issue 11, pp. 310–320 |
info'Eurobrief' (1999) 8 European Energy and Environmental Law Review, Issue 11, pp. 310–320 | | Copyright © 1999 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR1999048 |
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ISSUE 12 | |
'Country Reports: The Netherlands, the United Kingdom', Issue 12, pp. 322–324 |
info'Country Reports: The Netherlands, the United Kingdom' (1999) 8 European Energy and Environmental Law Review, Issue 12, pp. 322–324 | | Copyright © 1999 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR1999049 |
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'Proposals for International Environmental Liability in Respect of Waste and Biotechnology Products', Lucas Bergkamp, Issue 12, pp. 324–327 |
infoLucas Bergkamp, 'Proposals for International Environmental Liability in Respect of Waste and Biotechnology Products' (1999) 8 European Energy and Environmental Law Review, Issue 12, pp. 324–327 | | An overview of the proposed Liability Protocol under the Basel Convention on Transboundary Movements of Hazardous Wastes and their Disposal, and of the proposed rules on liability pursuant to the UN Biodiversity Convention; a short evaluation of the proposals - whether the problem is serious enough to warrant legislative intervention, balancing costs and incentives; conclusion that the proposals would require that the polluter pay twice, and need to be seriously reconsidered with a view to avoiding "overly ambitious, inefficient" schemes. Copyright © 1999 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR1999050 |
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'The Swedish Environmental Code', Stefan Rubenson, Issue 12, pp. 328–332 |
infoStefan Rubenson, 'The Swedish Environmental Code' (1999) 8 European Energy and Environmental Law Review, Issue 12, pp. 328–332 | | An overview of the Swedish Environmental Code, in force from 1 January 1999; the precautionary approach as the basis - the burden of proof, requirements to use best possible techniques, requirements as to the location of activities and to reuse and recycle, clarification on liability to clean up polluted sites; new powers to introduce environmental quality standards; provisions on environmental impact assessment; nature conservation, based on a network of protected areas; GMOs; new obligations in respect of chemicals; waste legislation; enforcement - penal provisions and sanction charges. Copyright © 1999 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR1999051 |
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'Transport and the Environment: The Ugly Face of the Internal Market', Jochem Wiers, Issue 12, pp. 332–340 |
infoJochem Wiers, 'Transport and the Environment: The Ugly Face of the Internal Market' (1999) 8 European Energy and Environmental Law Review, Issue 12, pp. 332–340 | | The links between, on the one hand, the internal market and the growth in transport, and, on the other, between increased transport and greater environmental problems. A survey of European Union policy initiatives and proposals for legislation concerning the relationship between transport and the environment - the Treaty provisions, Council conclusions, secondary legislation and other instruments. An overview of three important policy issues - transport and C02, inter modality, and efficient transport pricing. Conclusion that despite the many strategy papers, the Council "does not seem to be in much of a hurry to take action to mitigate environmental problems caused by transport, let alone to stimulate the structural changes that appear necessary" Copyright © 1999 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR1999052 |
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'European Court of Justice: Case Report', Han Somsen, Issue 12, pp. 341–346 |
infoHan Somsen, 'European Court of Justice: Case Report' (1999) 8 European Energy and Environmental Law Review, Issue 12, pp. 341–346 | | Copyright © 1999 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR1999053 |
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'Eurobrief', Issue 12, pp. 346–348 |
info'Eurobrief' (1999) 8 European Energy and Environmental Law Review, Issue 12, pp. 346–348 | | Copyright © 1999 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR1999054 |
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'Annual lndex', Issue 12, pp. 349–352 |
info'Annual lndex' (1999) 8 European Energy and Environmental Law Review, Issue 12, pp. 349–352 | | Copyright © 1999 Kluwer Law International
All rights reserved ISSN: 0966-1646
ID: EELR1999055 |
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