Journal for European Environmental & Planning Law最新文献_第7页

Noise Pollution in Europe: Unpacking a Worryingly “Quiet” Regulatory and Policy Issue 欧洲的噪音污染：揭开令人担忧的“安静”监管和政策问题

IF 1.2

Journal for European Environmental & Planning Law Pub Date : 2019-03-27 DOI: 10.1163/18760104-01601002

K. Pouikli

{"title":"Noise Pollution in Europe: Unpacking a Worryingly “Quiet” Regulatory and Policy Issue","authors":"K. Pouikli","doi":"10.1163/18760104-01601002","DOIUrl":"https://doi.org/10.1163/18760104-01601002","url":null,"abstract":"Noise constitutes an unwanted by-product of the use of transport infrastructure and various other social and economic activities, especially in dense urbanized territories, affecting citizens’ health, sleep regime, social behavior and psychological comfort as well as the environment. The Directive 2002/49/ec on the assessment and management of environmental noise (end) sets the legislative background for the prevention of environmental noise and the reduction of its harmful effects on humans putting Member States (ms) in the driving-seat when shaping and implementing noise rules. However, although it was the first comprehensive effort aspiring to carve out a coherent eu-wide noise policy, its fragmented and problematic implementation raises crucial questions about its effectiveness. To this end, except from the end enforcement at national level, emphasis will be given to the noise protective regime emerging from echr and the ECtHR case law as well as to the most recent developments in the field, such as the “smart city” mechanisms for improving acoustic well-being in urban living spaces and the Dutch concept of “environmental distribution policy”.","PeriodicalId":43633,"journal":{"name":"Journal for European Environmental & Planning Law","volume":" ","pages":""},"PeriodicalIF":1.2,"publicationDate":"2019-03-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18760104-01601002","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48440551","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: 4

Climate Change, Human Rights and Access to Justice 气候变化、人权和诉诸司法

IF 1.2

Journal for European Environmental & Planning Law Pub Date : 2019-03-27 DOI: 10.1163/18760104-01601003

L. Krämer

引用次数: 6

Rights of Nature: Why it Might Not Save the Entire World 自然权利：为什么它可能无法拯救整个世界

IF 1.2

Journal for European Environmental & Planning Law Pub Date : 2019-03-27 DOI: 10.1163/18760104-01601004

Julien Bétaille

{"title":"Rights of Nature: Why it Might Not Save the Entire World","authors":"Julien Bétaille","doi":"10.1163/18760104-01601004","DOIUrl":"https://doi.org/10.1163/18760104-01601004","url":null,"abstract":"The advent of Rights of Nature (RoN) marks a new paradigm shift in the philosophical approach to nature. As such, the concept has generated enthusiasm amongst environmentalists and legal scholars. This is not surprising since granting legal personhood to nature seems to present itself as a relative easy fix for the multitude of deficiencies of “modern” environmental law. However, when critically assessed, many of the underlying assumptions justifying a shift towards rights-based approaches to nature are open to challenge. In this paper, which takes a more critical stance on the topic of RoN, it is submitted that also the much-criticized modern environmental law is moving towards a recognition of the intrinsic value of nature, puts breaks on property rights, offers remediation actions for pure ecological damage and also increasingly grants environmental ngos wide access to courts. Moreover, on a second level, it is argued that RoN are not a legal revolution and that many of the problems Rights of Nature tries to cure – such as a lack of enforcement – will simply re-emerge if not adequately assessed within this novel paradigm.","PeriodicalId":43633,"journal":{"name":"Journal for European Environmental & Planning Law","volume":" ","pages":""},"PeriodicalIF":1.2,"publicationDate":"2019-03-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18760104-01601004","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48243705","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: 10

Granting Legal Personhood to Nature in the European Union: Contemplating a Legal (R)evolution to Avoid an Ecological Collapse? (Part ii) 欧盟赋予自然法律人格：考虑法律（R）进化以避免生态崩溃？（第二部分）

IF 1.2

Journal for European Environmental & Planning Law Pub Date : 2019-03-27 DOI: 10.1163/18760104-01601005

Hendrik Schoukens

引用次数: 5

Contributors 贡献者

IF 1.2

Journal for European Environmental & Planning Law Pub Date : 2018-08-27 DOI: 10.1163/18760104-01502001

引用次数: 0

Injunctive Relief in Environmental Matters 环境事务中的禁令救济

IF 1.2

Journal for European Environmental & Planning Law Pub Date : 2018-08-27 DOI: 10.1163/18760104-01502007

L. Krämer

引用次数: 3

International miljoeret. Fra rammerne til reglerne, written by Veit Koester

IF 1.2

Journal for European Environmental & Planning Law Pub Date : 2018-08-27 DOI: 10.1163/18760104-01502008

L. Krämer

引用次数: 0

Judicial Cooperation in Environmental Matters: Mapping National Courts’ Behaviour in Follow-up Cases 环境事务中的司法合作：绘制国家法院在后续案件中的行为图

IF 1.2

Journal for European Environmental & Planning Law Pub Date : 2018-08-27 DOI: 10.1163/18760104-01502003

L. Squintani, Dionne Annink

{"title":"Judicial Cooperation in Environmental Matters: Mapping National Courts’ Behaviour in Follow-up Cases","authors":"L. Squintani, Dionne Annink","doi":"10.1163/18760104-01502003","DOIUrl":"https://doi.org/10.1163/18760104-01502003","url":null,"abstract":"The need to ensure a uniform interpretation and effective application of the large corpus of EU environmental regulation in the jurisdictions of the Member States remains a task of pivotal importance for the Court of Justice of the European Union (CJEU). A quick look at the \u0000CURIA\u0000 database reveals that many judgments are handed down every year to clarify the meaning of EU environmental provisions. It is therefore important to study the proper functioning of the tandem composed of the CJEU and the national courts in this field of EU law. In that sense, this article responds to Bogojević’s call ‘to draw a grander map of judicial dialogues initiated across various Member States’. More specifically, the topic investigated by this article is how Dutch courts have followed up on responses received from the CJEU to their preliminary reference requests in the field of EU environmental law, until January 2017. Almost all the cases we have retrieved from the Netherlands show various degrees of willingness to cooperate with the CJEU. This article highlights the existence of three trends: full cooperation, gapped cooperation and withdrawn cooperation.","PeriodicalId":43633,"journal":{"name":"Journal for European Environmental & Planning Law","volume":" ","pages":""},"PeriodicalIF":1.2,"publicationDate":"2018-08-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18760104-01502003","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47101663","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: 3

The Quest for the Holy Grail and the Dutch Integrated Approach to Nitrogen: How to Align Adaptive Management Strategies with the EU Nature Directives? 追求圣杯和荷兰氮素综合方法:如何使适应性管理战略与欧盟自然指令保持一致?

IF 1.2

Journal for European Environmental & Planning Law Pub Date : 2018-08-27 DOI: 10.1163/18760104-01502004

Hendrik Schoukens

{"title":"The Quest for the Holy Grail and the Dutch Integrated Approach to Nitrogen: How to Align Adaptive Management Strategies with the EU Nature Directives?","authors":"Hendrik Schoukens","doi":"10.1163/18760104-01502004","DOIUrl":"https://doi.org/10.1163/18760104-01502004","url":null,"abstract":"The concept of adaptive management is generally defined as a flexible decision-making process that can be adjusted in the face of uncertainties as outcomes of management actions and other events become better understood. These experimental management strategies, which may grant permit agencies more discretion to authorise economic developments, have become increasingly popular as tools to overcome deadlock scenarios in the context of the EU Nature Directives. One notable application is the Dutch Programmatic Approach to Nitrogen (Programma Aanpak Stikstof – PAS\u0000), which puts forward a more reconciliatory and integrated approach towards permitting additional nitrogen emissions in the vicinity of Natura 2000 sites. The purpose of this paper is to use the Dutch PAS as a benchmark to explore the margins available within the EU Nature Directives to implement more flexible adaptive management strategies. This paper argues that the Dutch PAS, especially taking into account the immediate trade-off that is provided between future restoration actions and ongoing harmful effects, appears to stand at odds with the substantive underpinning of the EU Nature Directives. As a result, its concrete application might be stalled through legal actions which advocate for a more restrictive approach to the authorization of additional impacts on vulnerable EU protected nature. It therefore remains highly doubtful whether the Dutch PAS is to be presented as a textbook example of a genuine sustainable management strategy within the context of EU environmental law.","PeriodicalId":43633,"journal":{"name":"Journal for European Environmental & Planning Law","volume":" ","pages":""},"PeriodicalIF":1.2,"publicationDate":"2018-08-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18760104-01502004","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43210026","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: 5

480.000 Dead per Year are Enough: The cjeu Opens a New Way to Better Enforce Air Quality Laws: Commentary on the cjeu Judgment in C-488/15, Commission v. Bulgaria, Judgment of 5 April 2017, ecli:eu:c:2017:267 每年48万人死亡就够了:欧盟为更好地执行空气质管法开辟了一条新途径:对欧盟委员会诉保加利亚案c -488/15判决的评论，2017年4月5日判决，ecli:eu:c:2017:267

IF 1.2

Journal for European Environmental & Planning Law Pub Date : 2018-04-06 DOI: 10.1163/18760104-01501007

L. Krämer

引用次数: 1