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":"Legal Framework of the Direct Line in the European Union Law","authors":"Justyna Kanas","doi":"10.54648/eelr2024005","DOIUrl":"https://doi.org/10.54648/eelr2024005","url":null,"abstract":"This paper provides a legal analysis of the direct line in the legislation of the European Union. The direct line, serving as a legal instrument to implement offgrid solutions, plays a crucial role in amplifying competition within the energy market. Compared to other instruments introduced by the First Liberalization Package in 1992, the direct line is not a subject commonly brought about by legal literature. The core part of legal analyses is divided into two parts, which focus on different approaches of direct line, i.e., European Union and selected Member States (Estonia, Latvia, Lithuania, and Poland). The motives of the Union in establishing the direct line instrument was to support opening the energy market to increase energy generating units. During the transposition of the direct line into national laws, analysed countries have directed the usage of this mechanism to promote renewable energy sources. The presented case studies create a rare pattern of how the Member States form their own interpretations and hence use the Union law in practice, which differs from the direction established in the Union forum. The research focused on legal dogmatic examining of regulations at both European and national levels, with a particular emphasis on the definition part while figuring a crucial role in shaping the direct line concept. The paper also presents other convoluted legal schemes, such as the permit issuance process for direct line construction. The conclusions assess the modifications in the European Union regime, but also their impact on electricity prices and green investments.\u0000direct line, energy market, liberalization, energy transformation, energy security, energy law, European Union","PeriodicalId":53610,"journal":{"name":"European Energy and Environmental Law Review","volume":"443 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140757599","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":"Addressing The Vulnerability Of Energy Consumers","authors":"Olga Hrynkiv, S. Lavrijssen","doi":"10.54648/eelr2023020","DOIUrl":"https://doi.org/10.54648/eelr2023020","url":null,"abstract":"In the shift to a climate-neutral society and economy, an essential solution for renewable energy is at decentralized energy system relying on more distributed generation, energy storage, and more active involvement of consumers. In the European Union (EU), the Clean Energy Package puts consumers at the center of EU energy policy and introduces a wide range of initiatives to engage consumers in the transition to clean energy. In addition to implementing EU policies, EU Member States are also developing and implementing ambitious laws and policies related to the energy transition and climate change. For example, theNetherlands, which serves as a case study in this article, committed in the Rutte IV coalition agreement to emit less than 55% CO2 compared to 1990 by 2030 and to be completely climate neutral by 2050. The country aims to switch to renewable energy sources such as wind and solar power and develop a robust and flexible energy infrastructure system that can be operated on a smaller scale and decentralized. Such transformations have profound implications for understanding the role of the consumer in the Dutch energy market and highlight the need for greater consumer involvement in the connection, transmission, delivery, and use of energy.\u0000This article aims to answer the overarching question of how the principles of good governance (transparency, effectiveness, accountability, and participation) can contribute to better protecting (vulnerable) consumers from governance vulnerabilities to ensure a just and smart energy transition. It focuses on the consumer protection approach introduced in the proposal for the new Energy Act (2023) in the Netherlands. The article examines to what extent the principles of good governance are effectively incorporated and elaborated in the Dutch legal framework for the protection of energy consumers. Ultimately, it seeks to provide recommendations on how to improve support for vulnerable consumers in the Netherlands and empower them to actively participate in energy markets and make informed choices. Although the article focuses primarily on the Dutch experience, it can offer valuable lessons and guidance to other countries that must deal with the challenges and opportunities associated with the transition to renewable energy sources and a more digitized energy market.","PeriodicalId":53610,"journal":{"name":"European Energy and Environmental Law Review","volume":"45 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140523022","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":"Strengthening European Energy Security and Resilience through Minerals","authors":"Nidhi Srivastava","doi":"10.54648/eelr2024002","DOIUrl":"https://doi.org/10.54648/eelr2024002","url":null,"abstract":"While energy security has always been a concern for the European Union (EU), the Covid-19 Pandemic and the Russia-Ukraine war have led to a greater emphasis on fostering energy resilience. Traditionally, resilience has been seen in the context of import dependence on oil and gas. However, the EU’s commitment to decarbonization requires attention to other energy sources, and the entire supply chain of such clean energy technologies.\u0000 EU’s Energy Transition has a prominent role for solar photovoltaics, wind energy, grid-based storage, and electric mobility. All of these energy technologies depend on a secure and reliable access to affordable critical raw materials (CRM). Non-fuel minerals like lithium, nickel, cobalt, copper, and graphite are at the core of decarbonization of the EU’s energy sector. The European Commission has been focusing on CRM for a few years now and has recently released a Proposal for Establishing a Framework for CRM security. This article studies the EU’s approach to CRM, especially in light of the recent Proposal for a Regulation establishing a framework for ensuring a secure and sustainable supply of CRMs by adopting a more contemporary and broader definition of resilience which balances recovery or bouncing back with adaptability or bouncing forward.\u0000Critical Minerals, Energy Transition, Critical Raw Materials, EU, Energy Resilience","PeriodicalId":53610,"journal":{"name":"European Energy and Environmental Law Review","volume":"18 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140520464","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}