Journal for European Environmental & Planning Law最新文献

{"title":"Unlawfully Authorised Projects under the Habitats Directive: Remediation at All Costs?","authors":"L. Braaksma, Thomas Haugsted","doi":"10.1163/18760104-20010005","DOIUrl":"https://doi.org/10.1163/18760104-20010005","url":null,"abstract":"\u0000On 10 November 2022, the cjeu delivered its judgment in AquaPri concerning a Danish fish farm, which had been authorised in breach of the requirement to carry out an appropriate assessment laid down in Article 6(3) hd. The case provided the Court with an opportunity to clarify several important issues that may occur when the national authorities fail to carry out an appropriate assessment in line with this provision. In this annotation, we discuss the three main issues dealt with by the Court, namely (i) whether the renewal of existing permits falls under the concept of ‘project’ under Article 6(3) hd, (ii) the extent to which Member States must remedy the consequences of a failure to carry out an appropriate assessment, and (iii) the role of already conducted programme-based impact assessments in this regard.","PeriodicalId":329409,"journal":{"name":"Journal for European Environmental & Planning Law","volume":"51 6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115979166","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Strategic Climate Change Litigation and the EU Habitats Directive: Squaring the Circle with the Help of the U.S. Endangered Species Act?","authors":"Hendrik Schoukens","doi":"10.1163/18760104-20010004","DOIUrl":"https://doi.org/10.1163/18760104-20010004","url":null,"abstract":"\u0000Against the backdrop of the rising temperatures and the existing ‘emission gap’, climate change lawsuits have recently emerged as a new lever in order to step up compliance with international reduction targets. As of today, the majority of these strategic lawsuits are based upon tort law and human rights duties, which is evident given the major impact unhalted climate change on the immediate survival chances of future generations of humans. However, many terrestrial as well as marine ecosystems are already suffering from the global rise of temperatures, also in Europe. This article addresses the principal question as to whether within the specific context of the European Union, climate change litigation could not also use the 1992 Habitats Directive as an complementary instrument to mitigate future greenhouse gas emissions or at least prepare and adapt ecosystems for the inevitable impact of climate change. Using the recent courtroom experiences with the U.S. Endangered Species Act (ESA) of 1973 in the context of climate change-related lawsuits as a benchmark, this article argues that global warming will be an increasingly important factor when applying the conservation duties of the Habitats Directive in the coming decades.","PeriodicalId":329409,"journal":{"name":"Journal for European Environmental & Planning Law","volume":"73 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125870851","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Looking Ahead the Road in 2023","authors":"L. Squintani","doi":"10.1163/18760104-20010002","DOIUrl":"https://doi.org/10.1163/18760104-20010002","url":null,"abstract":"","PeriodicalId":329409,"journal":{"name":"Journal for European Environmental & Planning Law","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125701348","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Rights of Nature in Europe: The Spanish Lagoon Mar Menor Becomes a Legal Person","authors":"L. Krämer","doi":"10.1163/18760104-20010003","DOIUrl":"https://doi.org/10.1163/18760104-20010003","url":null,"abstract":"\u0000Following a popular initiative, the Spanish Parliament granted legal personality tot he lagoonof Mar Menor and gave the right to everybody to defend the lagoon’s rights in administrative or judicisal action. The contribution prsents the new Spanish legislation, places it in the context of global trends to give rights to parts of the natural envronment and points to some aspects, which the new legislation raises.","PeriodicalId":329409,"journal":{"name":"Journal for European Environmental & Planning Law","volume":"56 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124170678","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Role of Islam in Realizing the Goals of Climate Change Law: From Theory to Practice?","authors":"Hojjat Salimi Turkamani","doi":"10.1163/18760104-20010007","DOIUrl":"https://doi.org/10.1163/18760104-20010007","url":null,"abstract":"\u0000As the second-largest followed religion, Islam traditionally has general teachings about protecting the environment. In the context of climate change these traditional teachings have crystallized in the form of non-binding declarations. These traditional and new perceptions have been manifested as promotive force in the behavior of Islamic actors, including Muslims, Islamic ngo s, Islamic stats, and international Islamic organizations to combat climate change. The question is, have Islamic teachings been able to be effective in the practice of Islamic countries in achieving the goals of the climate change law? Analyzing of the latest report of oic (2021) indicates that, despite the increasing vulnerability of Islamic countries to the effects of greenhouse gas emissions, their greenhouse gas emissions have increased. It is concluded that despite the extensive participation of Islamic countries in international climate change meetings and documents, due to the economic problems, secularity of the government and the continuous effects of colonialism on them, Islam has had an ineffective role on the final result; Because, their approach to climate change is subject to economic and political considerations and not Islamic teachings. Therefore, to create a promotive role for Islam in realizing the goals of climate change law, more attention should be paid to the economic and political considerations of Islamic countries.","PeriodicalId":329409,"journal":{"name":"Journal for European Environmental & Planning Law","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121727344","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Climate Change Liability, Negative Emissions and Biodiversity Restoration","authors":"E. Brans","doi":"10.1163/18760104-19040003","DOIUrl":"https://doi.org/10.1163/18760104-19040003","url":null,"abstract":"\u0000This article is about climate liability and the stimulation of negative emissions through nature restoration. Such a measure can contribute to the reduction of greenhouse gas emissions, but can also lead to a restoration of biodiversity and of ecosystem services. In order to finance measures aimed at achieving natural negative emissions, the European Commission is considering introducing a system of carbon credits as part of the ‘Fit for 55’ program. This contribution investigates the advantages and disadvantages thereof and wonders about the nature and extent of the liability risks if, for example, nature is destroyed that is financed with carbon credits and which results in the release of stored co2. In that respect, attention is given to the Environmental Liability Directive. If the stimulation of natural negative emissions is also aimed at restoring biodiversity, in the event of a loss of nature, merely recouping the market price of a ‘carbon credit’ is insufficient to compensate the public for the damage done.","PeriodicalId":329409,"journal":{"name":"Journal for European Environmental & Planning Law","volume":"64 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134090226","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Legal Regulation of the National Ecological Network Development in Russia: Issues and Prospects","authors":"A. Anisimov, N. Voronina, Alla I. Milovidova","doi":"10.1163/18760104-19040004","DOIUrl":"https://doi.org/10.1163/18760104-19040004","url":null,"abstract":"\u0000The main aim of the present article is to justify the requisite nature of a fundamental reform of Russian environmental legislation regulating the procedure for the creation and functioning of specially protected natural areas (spna s). It advances arguments for the conclusion about the need to switch to an ecological network approach when creating spna s, taking into account the condition of adjacent lands. It also examines the research results of natural scientists, as well as the legislative experience of a number of former Soviet republics that have implemented an advanced concept of conservation of natural objects and complexes. The article substantiates the reasonableness of a number of amendments to the Russian legislation, as well as of the regulation of the procedure for creating private spna s. An ecological network is expected to include all the categories of protected areas, water protection zones, wetlands, land plots listed in the Red Book of Soils of the Russian Federation, resorts, etc.","PeriodicalId":329409,"journal":{"name":"Journal for European Environmental & Planning Law","volume":"27 10","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120812730","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"One Health, One Welfare, One Right: Introducing Animal Rights in Europe","authors":"Elien Verniers","doi":"10.1163/18760104-19040002","DOIUrl":"https://doi.org/10.1163/18760104-19040002","url":null,"abstract":"\u0000The increasing interlinkage between humans and animals has led to the emergence of the ‘One Health’ and ‘One Welfare’ discourse. The covid-19 pandemic has proven the intersectionality between humans and animals and fueled these campaigns even more. The concept of One Health has in particular found its way into regulatory policy. A World Health Assembly resolution of 19 May 2020 includes a specific reference to One Health as an approach that could guide the research into the origin and transmission of covid-19 and the prevention of future pandemics. The EU also devotes attention to the One Health concept and approach, for instance with regard to its Action Plan against Antimicrobial Resistance and a study requested by the committee on the Environment, Public Health and Food Safety that examines the relation between different zoonotic pandemics and the livestock sector. While we acknowledge the interwoven connection between animal and human welfare and health, a similar approach regarding legal protection has been almost totally ignored. Hence, regarding the current momentum of animal-human integration and following the example of these movements, the time has come to consider a ‘One Right’ approach to address legal rights for (nonhuman) animals in Europe. This contribution will canvass two possibilities for legal animal rights within the framework of the European Convention for the Protection of Human Rights and Fundamental Freedoms (echr). Firstly, the umbrella of article 8 of the echr and the case for a human right to animal protection will be explored. Currently, it has been accepted that this right to respect for private and family life also entails the right to a healthy environment. It is contended that likewise simple animal rights can be created under Article 8 following a responsible anthropocentric angle. In contrast, a second entry-point which will be scrutinized concerns a biocentric viewpoint and departs from an extensive interpretation of Article 1 of the echr. Through a dynamic and (r)evolutionary interpretation the personal scope of the echr can be extended to include (certain) animals.","PeriodicalId":329409,"journal":{"name":"Journal for European Environmental & Planning Law","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122603365","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Environmental Scholarship at Times of Crises","authors":"L. Squintani","doi":"10.1163/18760104-19040001","DOIUrl":"https://doi.org/10.1163/18760104-19040001","url":null,"abstract":"When looking back at 2022, there is no doubt that the armed conflict in Ukraine marked a development that none would have expected. From the European perspective, the long lasting peace brought by the strengthening of the collaborations among States on the European continent had made a war seem so unlikely. The prospective of an armed conflict so unreal. This armed conflict is now felt in all of Europe, with Ukraine facing the horrors of the armed conflict and the other States feeling the consequences of the geopolitical instability the armed conflict has bought. The energy crisis that we are facing risks of becoming an economic and social crisis. The importance of concepts as energy security, energy affordability and energy poverty & justice gained in significance on the political agenda of all European countries. In light of such developments, we can ask ourselves what is the role of academia. What is the role of environmental scholarship. To an extent, environmental scholarship is used to act in times of crises. The ecological crisis, the climate crisis and the energy crises characterize the work of environmental scholars. In the fifteen years that I have been working as an environmental scholar, I cannot remember a presentation or paper authored by me or another colleague who did not aim at redressing or preventing environmental damage, climate change or energy crises. Environmental scholarship is shaped by crises. The manuscripts in this issue are, in this light, an exemplary confirmation of the role of environmental scholarship, with specific attention on the protection of nature. First, Elien Verniers’s manuscript focuses on animal rights in Europe. Echoing the ‘One Health’ and ‘One Welfare’ discourse, Verniers pleas for the introduction of a ‘One Right’ approach to address legal rights for (nonhuman) animals in Europe. Building upon the European Convention for the Protection of Human Rights and Fundamental Freedoms (echr), she depicts","PeriodicalId":329409,"journal":{"name":"Journal for European Environmental & Planning Law","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131050070","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"cjeu Environmental Judgments between April and June 2022","authors":"L. Krämer","doi":"10.1163/18760104-19040005","DOIUrl":"https://doi.org/10.1163/18760104-19040005","url":null,"abstract":"","PeriodicalId":329409,"journal":{"name":"Journal for European Environmental & Planning Law","volume":"73 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127180578","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}