Journal for European Environmental & Planning Law最新文献_第5页

Editorial Note 编者按语

IF 1.2

Journal for European Environmental & Planning Law Pub Date : 2020-01-25 DOI: 10.1163/18760104-01701002

Lorenzo Squintani

引用次数: 0

The Programmatic Approach: Finding the Right Balance between the Precautionary Principle and the Right to Conduct a Business 方案方法:在预防原则和经营权之间找到适当的平衡

IF 1.2

Journal for European Environmental & Planning Law Pub Date : 2020-01-25 DOI: 10.1163/18760104-01701006

R. Kegge, A. Drahmann

引用次数: 2

To justifie the wayes of God to men. Limits to the Court’s powers of interpretation, written by Matthijs van Wolferen (2018) 为要证明神对人的道是正确的。《法院解释权的限制》，作者:马蒂伊斯·范·沃尔芬(2018)

IF 1.2

Journal for European Environmental & Planning Law Pub Date : 2020-01-25 DOI: 10.1163/18760104-01701007

L. Krämer

引用次数: 0

Rights of Nature and Their Implementation 自然权利及其实施

IF 1.2

Journal for European Environmental & Planning Law Pub Date : 2020-01-25 DOI: 10.1163/18760104-01701005

L. Krämer

引用次数: 4

The Fate of EU Environmental and Investment Law after the Achmea Decision Achmea决定后欧盟环境与投资法的命运

IF 1.2

Journal for European Environmental & Planning Law Pub Date : 2020-01-25 DOI: 10.1163/18760104-01701004

M. Fermeglia, Alessandra Mistura

{"title":"The Fate of EU Environmental and Investment Law after the Achmea Decision","authors":"M. Fermeglia, Alessandra Mistura","doi":"10.1163/18760104-01701004","DOIUrl":"https://doi.org/10.1163/18760104-01701004","url":null,"abstract":"In the landmark Slowakische Republik v. Achmea\u0000BV judgment, the ecj arguably took a resolute stance against the compatibility of International Investment Agreements between EU Member States and the inherent functioning of EU’s legal order. However, the issue as to whether the foreign investment protection regime is at odds with the sound application of EU law is far from being settled. Furthermore, the international investment protection regime as interpreted by investment tribunals may hamper EU Member States’ regulatory space, especially in the implementation of ambitious environmental and climate policies. The recent surge of litigation before international investment tribunals triggered by retrospective changes to supporting schemes for renewable energy sources and the phase-out of nuclear power plants in some European Member States is a telling example. The purpose of this article thus is to analyse the avenues currently available to ensure consistency between EU’s environmental and climate policies as implemented by EU Member States and the investment protection regime as applied by investment tribunals in the wake of the Achmea decision, with a view to devising a benchmark to prevent and avoid, rather than foster, policy conflicts.","PeriodicalId":43633,"journal":{"name":"Journal for European Environmental & Planning Law","volume":" ","pages":""},"PeriodicalIF":1.2,"publicationDate":"2020-01-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18760104-01701004","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46301543","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}

引用次数: 1

Filling in for Governments? The Role of the Private Actors in the International Climate Regime 代替政府？私人行为者在国际气候制度中的作用

IF 1.2

Journal for European Environmental & Planning Law Pub Date : 2020-01-25 DOI: 10.1163/18760104-01701003

C. Streck

{"title":"Filling in for Governments? The Role of the Private Actors in the International Climate Regime","authors":"C. Streck","doi":"10.1163/18760104-01701003","DOIUrl":"https://doi.org/10.1163/18760104-01701003","url":null,"abstract":"The 2015 Paris Agreement on climate change abandons the Kyoto Protocol’s paradigm of binding emissions targets and relies instead on countries’ voluntary contributions. However, the Paris Agreement encourages not only governments but also sub-national governments, corporations and civil society to contribute to reaching ambitious climate goals. In a transition from the regulated architecture of the Kyoto Protocol to the open system of the Paris Agreement, the Agreement seeks to integrate non-state actors into the treaty-based climate regime. In 2014 the secretariat of the United Nations Framework Convention on Climate Change Peru and France created the Non-State Actor Zone for Climate Action (and launched the Global Climate Action portal). In December 2019, this portal recorded more than twenty thousand climate-commitments of private and public non-state entities, making the non-state venues of international climate meetings decisively more exciting than the formal negotiation space. This level engagement and governments’ response to it raises a flurry of questions in relation to the evolving nature of the climate regime and climate change governance, including the role of private actors as standard setters and the lack of accountability mechanisms for non-state actions. This paper takes these developments as occasion to discuss the changing role of private actors in the climate regime.","PeriodicalId":43633,"journal":{"name":"Journal for European Environmental & Planning Law","volume":"17 1","pages":"5-28"},"PeriodicalIF":1.2,"publicationDate":"2020-01-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18760104-01701003","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46300115","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}

引用次数: 9

The Governance System of the European Energy Union and Climate Action 欧洲能源联盟治理体系与气候行动

IF 1.2

Journal for European Environmental & Planning Law Pub Date : 2019-12-06 DOI: 10.1163/18760104-01604002

Sabine Schlacke, Michèle Knodt

{"title":"The Governance System of the European Energy Union and Climate Action","authors":"Sabine Schlacke, Michèle Knodt","doi":"10.1163/18760104-01604002","DOIUrl":"https://doi.org/10.1163/18760104-01604002","url":null,"abstract":"On 24 December 2018, the Regulation (EU) 2018/1999 on the governance system of the Energy Union and Climate Action entered into force. The Governance Regulation provides the European Union with a new regulatory regime for renewable energies and energy efficiency. It has the function of an ‘Umbrella Regulation’ which aims at the overarching control of energy and climate policies for the period 2021 to 2030. Its target is to implement the climate protection goals of the Paris Agreement. At the same time, it represents a compromise and compensation for the European Union’s lack of competences in the area of energy supply, especially concerning the determination of the energy mix of the Member States. Despite choosing a Regulation (which applies automatically) as the legislative tool, its steering and sanctioning mechanisms are in this respect rather ‘soft’: The Regulation gives the Member States a wide scope of decision-making. Which goals and instruments are established by the Governance Regulation, which scope of decision making remains at the national level, how Germany exercises its decision making powers and how it should be exercised are key questions addressed in this article.","PeriodicalId":43633,"journal":{"name":"Journal for European Environmental & Planning Law","volume":"16 1","pages":"323-339"},"PeriodicalIF":1.2,"publicationDate":"2019-12-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42409558","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}

引用次数: 1

The Aarhus Convention in Practice: Challenges and Perspectives for German Environmental Authorities 实践中的奥胡斯公约:德国环境当局的挑战与展望

IF 1.2

Journal for European Environmental & Planning Law Pub Date : 2019-12-06 DOI: 10.1163/18760104-01604004

Dr. Ulrich Gieseke

{"title":"The Aarhus Convention in Practice: Challenges and Perspectives for German Environmental Authorities","authors":"Dr. Ulrich Gieseke","doi":"10.1163/18760104-01604004","DOIUrl":"https://doi.org/10.1163/18760104-01604004","url":null,"abstract":"The Aarhus Convention aims to democratize environmental decision-making. Since its adoption 20 years ago, the Aarhus Convention has led to a fundamental change in German environmental administration. This article explores the administrative capacities, organizational structures and enforcement requirements, identifies challenges for environmental authorities and outlines prospects for better implementing the Aarhus Convention. The main challenges are: extended responsibilities for authorities, greater complexity of environmental decisions, increased transparency, more external communication, stricter procedural requirements, extended access to justice and the reduction of enforcement deficits. The success of the Aarhus Convention largely depends on high-capacity administration, which adapts its way of decision-making to these challenges. In addition, substantive environmental law is the foundation upon which the three pillars of the Aarhus Convention rest. Therefore, this article argues that legal instruments and a high level of substantive environmental law are essential for environmental authorities to achieve effectively the objective of the Aarhus Convention.","PeriodicalId":43633,"journal":{"name":"Journal for European Environmental & Planning Law","volume":"16 1","pages":"372-385"},"PeriodicalIF":1.2,"publicationDate":"2019-12-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42729055","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}

引用次数: 0

Natura 2000 and the Regulation of Agricultural Ammonia Emissions Natura 2000与农业氨排放管制

IF 1.2

Journal for European Environmental & Planning Law Pub Date : 2019-12-06 DOI: 10.1163/18760104-01604003

C. Backes, A. Keessen, H. Anker, L. Baaner

引用次数: 5

Technology-Neutral Auctions for Renewable Energy: EU Law vs. Member State Reality 可再生能源技术中性拍卖：欧盟法律与成员国现实

IF 1.2

Journal for European Environmental & Planning Law Pub Date : 2019-12-06 DOI: 10.1163/18760104-01604005

Lars Jerrentrup, Bastian Lotz, Silvana Tiedemann, Lion Hirth

{"title":"Technology-Neutral Auctions for Renewable Energy: EU Law vs. Member State Reality","authors":"Lars Jerrentrup, Bastian Lotz, Silvana Tiedemann, Lion Hirth","doi":"10.1163/18760104-01604005","DOIUrl":"https://doi.org/10.1163/18760104-01604005","url":null,"abstract":"European Union competition law, intended to thwart subsidies paid out by national governments, plays an important role in shaping EU Member States’ support schemes for renewable energy. The Environmental and Energy State Aid Guidelines 2014–2020, which formalize the European Commission’s take on subsidies in the electricity sector, prescribe technology-neutral auctions as the standard mechanism to determine support levels. In this study, we have assessed the formal decisions of the Commission with respect to technology-neutrality between July 2014 and May 2018. It turns out that 16 out of 18 schemes are not technology-neutral and figure high degrees of technology-differentiation. We have also studied the exemption clauses invoked to \u0000justify technology-discrimination, finding that the most ambiguous clause is used most frequently, and that the application and level of scrutiny varies strongly from case to case. The State Aid Guidelines are meant to increase transparency and legal certainty. We find that with respect to technology-neutral auctions for renewable energy, the Guidelines fail to deliver on their purpose.","PeriodicalId":43633,"journal":{"name":"Journal for European Environmental & Planning Law","volume":" ","pages":""},"PeriodicalIF":1.2,"publicationDate":"2019-12-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48640389","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}

引用次数: 2