European Energy and Environmental Law Review最新文献

{"title":"Regulating Industrial Emissions, Water Management or Aquatic Biodiversity? Navigating the Evolving European Legal Landscape on Waters","authors":"Tiina Paloniitty, Susanna Kaavi, Li Yuan","doi":"10.54648/eelr2024004","DOIUrl":"https://doi.org/10.54648/eelr2024004","url":null,"abstract":"The EU Green Deal has direct and indirect impact on EU environmental law. We examine the future of EU regulatory activity on waters in this era from the viewpoint of industrial water pollution. We simultaneously explore the feasibility of Gunningham’s classic categorization of environmental law, regulation, and governance in the novel reality created by Green Deal and Nature Restoration Law (NRL). In the EU, the relations between the regulation (Water Framework Directive, WFD) and law (Industrial Emissions Directive) (IED) layers have been particularly tense. Although the Court of Justice of the European Union (CJEU) has attempted to clarify the situation, significant diversity remains at the Member States level, as our account from two Member States, Finland and Germany, illustrate. Though the EU has opted for and continues to embrace integrated and holistic water management integrated water resources management (IWRM), it would also be possible to adopt other regulatory strategies. An example of this, and of collaborative governance, is China, where the River Chief System (RCS) has moved on from IWRM. The EU’s chosen path seems, however, to lie elsewhere, as our function analysis of the proposed NRL shows. Through the NRL, the EU regulator declares to ‘fill the gaps’ of the WFD. This new reality of EU ‘aquatic biodiversity governance’ seems to create another layer in the traditional categorization of environmental law and governance, where all pre-existing EU environmental law is harnessed to combat (aquatic) biodiversity loss. Instead of managing waters, the NRL seeks to perfect the WFD but does not address its shortcomings, leaving room for concern.\u0000Nature Restoration Law, Water Framework Directive, River Chief System, Industrial Emissions Directive, biodiversity, water law","PeriodicalId":53610,"journal":{"name":"European Energy and Environmental Law Review","volume":"246 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140774028","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":"Nature Restoration and Agriculture and Forestry: At the Opposite Side of the Fighting Ring or Compatible After All? An Analysis of the Proposal and the Final Agreement on the Nature Restoration Law","authors":"Elisa Cavallin","doi":"10.54648/eelr2024003","DOIUrl":"https://doi.org/10.54648/eelr2024003","url":null,"abstract":"Land degradation and nature degradation are widespread phenomena. From an economic and cost-efficiency point of view, avoiding degradation in the first place is ideally the best option. When degradation has occurred, however, the best course of action is restoration.Restoration efforts are key inside and outside of (EU) protected areas as more resilient nature, whether protected or not, contributes to the fight against biodiversity loss and climate change and to the achievement of key human-related ecosystem services (such as the provision of food related to e.g., the restoration of agroecosystems and pollinators, independently of economic considerations). In addition, nature does not know borders.This is where nature conservation and restoration might enter into conflict with certain economic activities, such as agricultural production and forestry. Cue the proposed Nature Restoration law, which has sparked an intense political and societal debate in the past months, leading up to the adoption of the Council General Approach, the European Parliament’s (EP’s) Position and, finally, the interinstitutional agreement.\u0000 This contribution intends to shed some light on the latest policy and legislative developments on nature restoration and highlight possible conflicts between nature restoration and the Nature Restoration Law (both the Proposal and the final agreement) and agriculture and forestry to consider whether nature restoration and these economic activities are, indeed, on the opposite side of the fighting ring or if, perhaps, they can be reconciled.\u0000Nature restoration, EU Nature Restoration Law, biodiversity, agriculture, forestry, restoration","PeriodicalId":53610,"journal":{"name":"European Energy and Environmental Law Review","volume":"44 17","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140797201","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":"Pandemics and Climate Change as Systemic Risks: Law, Policy, Insurance, Physical Activity and Exercise as Mitigating Environmental Degradation Mechanisms","authors":"K. Noussia, Georgios Nousias","doi":"10.54648/eelr2023022","DOIUrl":"https://doi.org/10.54648/eelr2023022","url":null,"abstract":"Climate change and the Covid-19 pandemic have been classified as systemic risks and have elaborated that such systemic risks will become the new normal. Ways to tackle the long-term effects of climate change include law and environmental policy. In addition, insurance can help mitigate the burden placed on governments when such systemic risks occur, including pandemics. In relation to the Covid-19 pandemic and the effects of long-Covid, sports and exercise are examined as a mitigating factor able to release pressure from public health and help mitigate its long-term effects. This article discusses the correlation of Covid-19 with environmental changes and climate changes and goes on to address the role of insurance, on the one hand and sports and exercise on the other hand as mitigating mechanisms to handle systemic risks such as climate change and pandemics. The article’s findings suggest and conclude that 1) outside state action (law and policy), private action such as change in lifestyle towards a more sustainable way of life, and sports and exercise can help with the long-term effects of pandemics and 2) insurance can act as a mitigating private sector mechanism. Governments should integrate law, policy, and mitigating techniques such as private insurance to tackle and respond to systemic risks.\u0000climate change, Covid-19, systemic risks, insurance, physical exercise, mitigation for climate change, mitigation, public health","PeriodicalId":53610,"journal":{"name":"European Energy and Environmental Law Review","volume":"5 1-2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140520220","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":"A Quantitative Ecological Analysis of the Law: A New Methodological Approach to Legal Studies on Environmental Matters","authors":"Francesco Gambino, Mattia Tassinari","doi":"10.54648/eelr2023013","DOIUrl":"https://doi.org/10.54648/eelr2023013","url":null,"abstract":"The main characteristic of economic analyses of law is the adoption of economic efficiency as the essential criterion in analysing and evaluating the effects of laws. However, contemporary environmental challenges oblige us to radically reconsider not only the legal norms underlying social behaviours but also the methodological approach and the founding principles through which said norms are defined and evaluated. This aspect lays the grounds for a new discipline which could be called quantitative ecological analysis of the law, aimed at quantifying the short- and long-term ecological benefits derived from the introduction of a law. This article develops and discusses the prospect of a quantitative ecological analysis of the law as a methodological approach useful in formulating and evaluating environmental laws. The methodological approach proposed in this article is applied to analysing two new environmental laws and quantifying, in analytical terms, the ecological benefits that could derive from the hypothetical introduction of these laws in the Italian legal system.\u0000quantitative ecological analysis of the law, environmental law, quantitativemethods, environmental challenges, Co2 emission reduction, sustainable transport, railway transport, electric vehicles, Italian legal system.","PeriodicalId":53610,"journal":{"name":"European Energy and Environmental Law Review","volume":"49 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135762568","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":"Combating Climate Change Through the International Law Perspective: The Role of the EU in Environmental Diplomacy","authors":"Nataliia Volchenko, Serhii Zhmakin, Roman Udovenko, Serhii Soldatkin, Igor Soldatkin","doi":"10.54648/eelr2023016","DOIUrl":"https://doi.org/10.54648/eelr2023016","url":null,"abstract":"The impacts of climate change extend to all countries and continents and have a cross-cutting effect on social, economic and ecological systems. Therefore, it is necessary to work together at the international level to effectively manage this problem. One effective method is to adopt a proper international legal framework. International legal regulation allows for the creation of common standards and rules that are followed by participating countries. The European Union is one of the most important actors in international cooperation on the environment and climate change. It has committed itself to achieving climate neutrality by 2050 and is taking a wide range of measures, including reducing greenhouse gas emissions, supporting renewable energy, and promoting green development. Moreover, the EU provides various instruments and financial support to implement climate change measures. In view of this, it is important to study climate change at the international level, including the role of the EU in this regard. The purpose of the article is to examine the important role of the European Union in environmental diplomacy and combating climate change through international law. The article examines how the EU is an active participant in shaping the international legal regime on climate change. In particular, it participates in negotiations, concludes international agreements, and actively implements and enforces the obligations agreed upon under such agreements, such as the Paris Agreement\u0000climate change, international law, European Union, international agreements, climate neutrality, international cooperation","PeriodicalId":53610,"journal":{"name":"European Energy and Environmental Law Review","volume":"113 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135762570","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 Foundations for Resolving Land Disputes Through Mediation as An Alternative Dispute Resolution Method","authors":"Bogdan Derevyanko, Mykola Lohvynenko, Valentyna Nezhevelo, Liudmyla Nikolenko, Nadiia Zahrisheva","doi":"10.54648/eelr2023014","DOIUrl":"https://doi.org/10.54648/eelr2023014","url":null,"abstract":"The relevance of this topic lies in the fact that land disputes are a widespread phenomenon that can arise in any country or region. The article examines the legal foundations of resolving land disputes using mediation as a non-judicial mechanism for preventing and resolving conflicts through negotiations. It discusses the essence of mediation and its use in land disputes, particularly as an effective tool for achieving mutually beneficial agreements between parties.\u0000The article considers the procedure and stages of mediation in land disputes, including preparation for the mediation process, the actual mediation process, and the formation of a mediation agreement. The aim is to investigate the nature of mediation as a conflict resolution mechanism and promote the use of mediation in resolving land disputes while emphasizing the necessity for further development of legal mechanisms that support and popularize mediation as an extrajudicial means of conflict resolution within the realm of land relations. Furthermore, the article explores international experiences of mediation in land disputes, highlighting successful examples from countries like the Netherlands, the United Kingdom, Sweden, and France. Conclusions can contribute to improving international relations and the development of sustainable land management.\u0000mediation, alternative dispute resolution, land disputes, directive, international experience of countries and organizations","PeriodicalId":53610,"journal":{"name":"European Energy and Environmental Law Review","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135761996","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 Legal Transition Towards a More Circular Plastic Packaging Chain<i>A Case Study of the Netherlands</i>","authors":"I.M. De Waal","doi":"10.54648/eelr2023015","DOIUrl":"https://doi.org/10.54648/eelr2023015","url":null,"abstract":"The production and generation of plastic packaging waste in the EU continues to increase, which is accompanied by several negative externalities. At the same time, reuse remains limited and recycling rates of plastic packaging are stagnating, resulting in a significant loss of materials and value to the economy. The transition towards a more circular plastic packaging chain is proposed as a solution: both plastics and packaging are highlighted as key product groups in the EU’s Circular Economy Action Plans. However, by looking specifically at the legal framework governing the life cycle of plastic packaging – EU chemicals, product and waste legislation – this research has identified barriers to the transition towards a more circular plastic packaging chain, as well as untapped solutions and incentives to stimulate this transition. It is argued that changes to the legal framework governing the life cycle of plastic packaging are therefore necessary to enable and stimulate the transition towards a more circular plastic packaging chain. Besides improving both the alignment with and the actual contribution of the provisions and instruments of the legislation to the achievement of Circular Economy (CE) objectives, the inherent interlinkages between the different life cycle stages and the legislation governing them need to be better taken into account to not only create a legal framework that is fit for purpose, but also to avoid negative effects and unlock synergies in pursuance of CE objectives.\u0000Circular Economy (CE), plastic packaging, EU chemicals legislation, EU product legislation, EU waste legislation","PeriodicalId":53610,"journal":{"name":"European Energy and Environmental Law Review","volume":"211 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135762565","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":"European Regulatory Approaches to Preventing Carbon Leakage: Rolling Back Johnson’s EU ‘Diplomacy’ for a Brighter Environmental Future","authors":"Z. Makuch, Bethan Sloan, Nikzad Oraee- Mirzamani, Behdeen Oraee- Mirzamani","doi":"10.54648/eelr2023012","DOIUrl":"https://doi.org/10.54648/eelr2023012","url":null,"abstract":"Further to the EU carbon regulatory framework, particularly the EU Emissions Trading Scheme and the EU Carbon Border Adjustment Mechanism (CBAM), this legal and related implementation research addresses the regulatory future of carbon leakage prevention within the UK industrial sector. Carbon leakage from other countries or sectors will not be addressed. Further, the UK ETS will be the central regulatory mechanism from which carbon leakage will be considered while other avenues will not be addressed. The scope will be narrowed further for a case study, which explores the regulatory scenario in the context of the UK cement industry as a demonstration of a regulatory scenario in action. To the best of the authors’ knowledge, no research currently explores future prevention of carbon leakage in the UK ETS with specific qualitative analysis of the UK cement industry. This research is designed to fill this gap. This research also identifies and analyses the regulatory options available to prevent carbon leakage in the UK ETS for the UK industrial sector, to guide future regulatory strategy with continuing EU regulatory alignment in mind, at least as a means of Brexit damage control limitation noting that Johnsonian Anti-EU diplomacy needs to be reversed in the UK environmental and economic interest. Among the objectives of the research, we review and critique the evidence base for carbon regulatory leakage within the UK’s industrial sector, and the historical and current regulatory strategies to avoid it. We analyse how a particular regulatory scenario may apply to the UK cement industry, and how the industry may be affected by the implementation of this regulatory scenario. Interviews with key experts and stakeholders were conducted in order to reinforce and validate the literature and case study analysis. After an Introduction (section I), the research design is explained and justified in methodological terms (section II). Then we conduct a literature analysis to address the phenomenon of carbon leakage in its current and historical context (section III). A regulatory scenario is developed and presented in section IV to understand CBAM implementation challenges. In section V we conduct a case study of CBAM and the cement industry to further explore the regulatory scenario. Section VI, the Discussion section addresses semi-structured interview responses which are thematically analysed alongside findings from previous sections. Finally, we conclude with remarks about key findings, limitations and future research opportunities. In summation, if the UK hopes to meet its ambitious climate goals, an updated carbon leakage strategy is required to mitigate this. The UK should immediately consider how it wishes to align with the EU ETS on these regulatory matters. Experts across sectors agreed that pursuing linkage of the UK ETS with the EU ETS and implementing a similar CBAM would benefit the UK. If this is the regulatory future of choice, alignment of curr","PeriodicalId":53610,"journal":{"name":"European Energy and Environmental Law Review","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41685492","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":"Decentralized Energy Generation for Sustainable Energy Development in EU","authors":"K. Byttebier, José Grabiel Luis Cordova, Yanelys Delgado Triana","doi":"10.54648/eelr2023010","DOIUrl":"https://doi.org/10.54648/eelr2023010","url":null,"abstract":"Human history has been the story of the constant search for energy, e.g., in terms of food conversion to energy. Early on in its origins, humankind has had to satisfy its energy demand through available energy resources. Although the use of non-renewable energy sources has been perpetuated over time, there are currently many strategies implemented by states to develop energy transition for sustainable development. An example of this is the emergence of decentralization initiatives such as prosumers and energy communities. Within the European Union, the Directives 2018/2001 and 2019/944 open a broad regulatory framework for this type of practice. In the face of the challenges imposed by the so-called energy transition towards more environmentally friendly forms of energy (= ‘green energy’) and climate change, energy democracy plays a key role. These initiatives have currently yielded important results where individuals and communities have become increasingly empowered and have become important actors in energy generation from renewable energy sources. The general objective of this research is to substantiate the need for decentralized energy generation transitions. The main results of the research are the assessment of the legal framework for initiatives in decentralized energy generation in the European Union and the identification of good practices in the European context.\u0000energy decentralization initiatives, sustainable energy development, European Union, Energy Law, Energy Policy, energy prosumerism, energy communities, EU Law, energy market, energy consumer empowerment","PeriodicalId":53610,"journal":{"name":"European Energy and Environmental Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48515016","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":"Unbundling of the Electricity Distribution System Operator (DSO): Refining and Extending the EU Law Regime","authors":"Simon Vanhove","doi":"10.54648/eelr2023011","DOIUrl":"https://doi.org/10.54648/eelr2023011","url":null,"abstract":"The Clean Energy Package laid the foundations of a more sophisticated unbundling regime for distribution system operators (DSO’s) for electricity. In this article, I propose a systematic analysis of this new regime. I first distinguish vertical from horizontal unbundling. The latter is then further divided in those activities explicitly governed by EU energy law, and a residual category. This residual category amounts to a core business test on behalf of the DSO. Moreover, I propose to extend the EU unbundling regime for DSO in two ways. First, the scope should also cover entities in the same corporate group. Second, it should apply to specific financial burdens on the grid infrastructure for goals other than distribution activities.\u0000EU energy law, distribution system operator (DSO), electricity, unbundling, flexibility services, electromobility, energy storage, core business test","PeriodicalId":53610,"journal":{"name":"European Energy and Environmental Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47241394","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}