European Energy and Environmental Law Review最新文献_第4页

Environmental Auditing: The EU Practice in the Context of Pursuing Sustainable Development Policy 环境审计:欧盟追求可持续发展政策背景下的实践

European Energy and Environmental Law Review Pub Date : 2022-08-01 DOI: 10.54648/eelr2022015

M. Yessenamanova, A. Lukyanets, E. Golovina, Nikolai Topornin

{"title":"Environmental Auditing: The EU Practice in the Context of Pursuing Sustainable Development Policy","authors":"M. Yessenamanova, A. Lukyanets, E. Golovina, Nikolai Topornin","doi":"10.54648/eelr2022015","DOIUrl":"https://doi.org/10.54648/eelr2022015","url":null,"abstract":"The key objective of the study is to explain the contribution of environmental auditing in the improvement and protection of the environment while respecting the concept of sustainable development. The study describes the role and benefits of environmental auditing in organizations as part of the governance framework based on the adopted broad regulatory framework of international environmental agreements like Espoo Convention, International Organization for Standardization (ISO) standards and the impact of the community governance framework on EU sustainable development policies using relevant EU normative acts like Regulation No 1836/93, EnvironmentalManagement and Audit Scheme (EMAS) Regulation, Directive 2012/27/EU, Member- States legislation. The classification features of environmental auditing have been clarified and systematized in accordance with its role and functions in the environmental management system. There is information on the shift of purely environmental auditing to the audit of labour protection, ecology, industrial and fire safety (joint audit). The relationship between environmental auditing, certification and environmental management systems is shown. There is a comparison of financial audit and environmental auditing; their similarities and differences have been revealed. The research results can be put into practice to provide specific proposals for reducing pollution and improving environmental protection.\u0000EMAS, environmental audit, environmental management, environmental protection, international environmental agreements, sustainable development","PeriodicalId":53610,"journal":{"name":"European Energy and Environmental Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43004371","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

A Legal Exploration of the European Union’s Carbon Border Adjustment Mechanism 欧盟碳边界调整机制的法律探索

European Energy and Environmental Law Review Pub Date : 2022-08-01 DOI: 10.54648/eelr2022016

R. Leal-Arcas, Manuliza Faktaufon, Anna Kyprianou

{"title":"A Legal Exploration of the European Union’s Carbon Border Adjustment Mechanism","authors":"R. Leal-Arcas, Manuliza Faktaufon, Anna Kyprianou","doi":"10.54648/eelr2022016","DOIUrl":"https://doi.org/10.54648/eelr2022016","url":null,"abstract":"In December 2019, the European Commission released a mechanism to fight climate change, namely the European Green Deal. This policy was put in place to materialize the goals of the Paris Agreement on Climate Change of 2015, that is, to combat the issue of climate change along the lines of sustainable development and fight poverty. In the context of the European Green Deal, one of the key instruments envisaged to achieve the ambitious plans of the European Union (EU) is the so-called Carbon Border Adjustment Mechanism (CBAM), which is the focus of this article and has been described as an ‘extraterritorial outreach’ for attempting to regulate matters outside the EU borders. This article seeks to answer is whether the CBAM is justified in line with the need to protect the environment and address climate change as well as increasing global economic welfare and reducing poverty. This article provides an overview of CBAM, analyses the rationale behind CBAM as well as the various misgivings from third parties. It contextualizes CBAM in the context of free trade and examines whether CBAM is consistent with multilateral trade rules. It then provides the design of a CBAM based on the principles of international trade and sustainable development. The article concludes that, overall, the analysis of CBAMs, particularly regarding the fervency of the EU to make its CBAM compatible with both trade rules and climate change objectives, demonstrates states’ growing interest in protecting the planet, while preserving economic values; it also indicates the importance of trade in managing those interests.\u0000Carbon border adjustment mechanism, WTO, European Green Deal, international trade, GATT, sustainable development, Fit for 55","PeriodicalId":53610,"journal":{"name":"European Energy and Environmental Law Review","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42118691","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 Reality Gap: Simplification of Environmental Law as Key for the Acceleration of Permit Procedures for Europe’s Green Deal 现实差距:简化环境法是加速欧洲绿色协议许可程序的关键

European Energy and Environmental Law Review Pub Date : 2022-08-01 DOI: 10.54648/eelr2022018

Reinhard Ruge

{"title":"The Reality Gap: Simplification of Environmental Law as Key for the Acceleration of Permit Procedures for Europe’s Green Deal","authors":"Reinhard Ruge","doi":"10.54648/eelr2022018","DOIUrl":"https://doi.org/10.54648/eelr2022018","url":null,"abstract":"To reach climate goals, there is a need for large scale changes to the energy system. This requires speedy permitting procedures. However, permitting procedures are everything else but speedy. Thus, there is a need to simplify the rules to accelerate the permit procedures. While permitting procedures are largely governed by national law, the central issue for large scale infrastructure projects is to handle the high standards of EU Environmental law. Enlarged rights of individuals and Non-Governmental Organizations (NGOs) to bring any mistaken application of these rules to court and thus stop projects from realization for years, represent the major risks of delay for the realization of infrastructure projects. Shortcomings on the application of EU Environmental law in permitting procedures are not only caused by narrow time schedules and stingy project promoters, but mainly by an overcomplex system of partly unclear rules that is evolving in the jurisdiction of the European Court of Justice (ECJ) only in one direction: Making every single rule even stricter case by case before the ECJ. This is reality. To cut on the duration of permit procedures for reaching climate goals in time, European environmental law needs to be adapted. Without streamlining and simplifying EU environmental law, all efforts to accelerate permit procedures are doomed to failure. This article suggests adaptations of the European Habitats and Birds Directives, Water Framework Directive and Environmental Impact Assessments Directive to significantly accelerate permit procedures.\u0000IMO Sulphur Regulation, Shipowner, Charterer, EGCS, Low Sulphur Fuel","PeriodicalId":53610,"journal":{"name":"European Energy and Environmental Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47095207","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

Impact of the European Union’s Seed Legislation and Intellectual Property Rights on Crop Diversity 欧盟种子立法和知识产权对作物多样性的影响

European Energy and Environmental Law Review Pub Date : 2022-05-01 DOI: 10.54648/eelr2022010

Joséphine de Mévius

{"title":"Impact of the European Union’s Seed Legislation and Intellectual Property Rights on Crop Diversity","authors":"Joséphine de Mévius","doi":"10.54648/eelr2022010","DOIUrl":"https://doi.org/10.54648/eelr2022010","url":null,"abstract":"Crop diversity results from farmers’ selection and exchange of seeds. The crop diversity erosion observed over the last century can be attributed to the transition from traditional to industrial farming practices. Farmers’ seed varieties have been replaced by a few privately owned, high-yielding varieties. The resulting uniformity is jeopardizing food security, further exacerbated by climate change. Both the international framework and the EU legislation perpetuate the root cause of crop diversity erosion. The EU only authorizes on the internal market varieties that are distinct, uniform, stable, and of ‘satisfactory value for cultivation and use’. Non-complying seeds, meaning traditional heterogeneous varieties, are banned. Furthermore, the few authorized varieties are open to privatization through either a Community Plant Variety Right or patents on biotechnological inventions. The exchange, access, and use of these seeds are strictly restricted. Although the EU provides derogations in certain cases, the legal space created is too narrow to ensure the conservation and sustainable use of plant genetic resources for food and agriculture (PGRFA).\u0000seed, plant reproductive material, intellectual property, commons, agriculture, food security, EU.","PeriodicalId":53610,"journal":{"name":"European Energy and Environmental Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48511314","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

Access to Environmental Justice and European Union Institutional Compliance With the Aarhus Convention: A Rather Longer and More Winding Road than Anticipated 获得环境正义和欧盟机构遵守《奥胡斯公约》:一条比预期更漫长、更曲折的道路

European Energy and Environmental Law Review Pub Date : 2022-05-01 DOI: 10.54648/eelr2022012

Martin Hedemann-Robinson

{"title":"Access to Environmental Justice and European Union Institutional Compliance With the Aarhus Convention: A Rather Longer and More Winding Road than Anticipated","authors":"Martin Hedemann-Robinson","doi":"10.54648/eelr2022012","DOIUrl":"https://doi.org/10.54648/eelr2022012","url":null,"abstract":"The aim of this article is to track through and offer some reflections on the efforts by the European Union (EU) to ensure that EU law adequately implements the access to environmental justice obligations set down in the 1998 Aarhus Convention (AC) with respect to activities carried out by its supranational institutions and other Union bodies. For a number of years the EU has struggled to ensure its legal framework is in conformity with the Convention’s requirements concerning access to justice, not least in the wake of adverse findings expressed by the Convention’s Compliance Committee responding to complaints from members of the public. However, matters appear to have improved significantly in October 2021 with the adoption of EU Regulation 2021/1767 amending the Union’s legislative rules on an internal review mechanism of EU administrative acts or omissions alleged by members of the public to contravene EU environmental law (namely the ‘Aarhus Regulation’ 1367/2006). Whilst this article considers that most of the key issues relating to noncompliance have now been addressed satisfactorily, much of the credit for this ultimately lies with the European Parliament and Council of the EU as primary co-legislators rather than other key Union institutional actors such as the European Commission or the Court of Justice of the EU (CJEU). At the same time, this recent legislative innovation has not enabled the EU to reach its destination of achieving full compliance with the Convention over access to environmental justice, with some important administrative activities affecting the environment still remaining exempt from the Union’s internal review system such as EU decisions on state aid.","PeriodicalId":53610,"journal":{"name":"European Energy and Environmental Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45859537","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

Regulatory Models of Community Energy (CE) in a Multi-Regulatory Approach: Juxtaposing the Global, the EU, the Japanese and Swedish Cases 多元监管模式下的共同体能源(CE)监管模式:全球、欧盟、日本和瑞典案例并置

European Energy and Environmental Law Review Pub Date : 2022-05-01 DOI: 10.54648/eelr2022013

Sandra Cassotta, Maciej M. Sokolowski

引用次数: 1

Linking Emissions Trading Schemes: Assessing the Potential for EU-South Korea Linkage 联系排放交易计划：评估欧盟与韩国联系的潜力

European Energy and Environmental Law Review Pub Date : 2022-05-01 DOI: 10.54648/eelr2022009

Gerard Kelly

引用次数: 0

Legitimacy and Consistency of Free Allocation in the EU ETS: The Role of Substitutes in Product Benchmarks 欧盟ETS中自由分配的合法性和一致性：替代品在产品基准中的作用

European Energy and Environmental Law Review Pub Date : 2022-05-01 DOI: 10.54648/eelr2022011

Andreas Johansson, Alexander Derelius

引用次数: 1

The Danish Income-Cap Regulation in the Power Supply Sector 丹麦电力供应部门的收入上限规定

European Energy and Environmental Law Review Pub Date : 2022-04-01 DOI: 10.54648/eelr2022006

Bent Ole Gram Mortensen

{"title":"The Danish Income-Cap Regulation in the Power Supply Sector","authors":"Bent Ole Gram Mortensen","doi":"10.54648/eelr2022006","DOIUrl":"https://doi.org/10.54648/eelr2022006","url":null,"abstract":"The break-even principle (a cost-based regulation approach) has been a fundamental principle for the price regulation of the Danish utilities for several decades. Following the liberalization of parts of the energy sector, this regulation has been supplemented with new instruments to regulate monopoly areas.\u0000This form of regulation was introduced in connection with a new electricity supply regulation from 1999. The detailed design of the income-cap regulation has been left to the Minister responsible for the energy sector and the supervisory authority (currently the Danish Utility Regulator (DUR)).\u0000Income-cap regulation of power grids has given rise to several challenges. Thus, the specific design of the revenue framework has been changed several times. At the same time, however, some experience has been gained with the administrative handling of this form of regulation. Several cases have, in the absence of administrative courts in Denmark, been dealt with by the Danish Energy Board of Appeals (EBA).\u0000Since the introduction of revenue frameworks, the power (electricity) sector has changed. Furthermore, the sector must now adapt to the green transition, which will require capacity expansion at both transmission and distribution levels, or other measures to be taken to prevent bottlenecks in the system. In this article the income-cap experience will be discussed.\u0000Income-cap, grid companies, green transition, electricity, power supply, utilities","PeriodicalId":53610,"journal":{"name":"European Energy and Environmental Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48478154","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

The Advent of Electricity Liberalization in Cyprus. Critical Analysis of the Current State and Charting a Path to Liberalization 塞浦路斯电力自由化的到来。对现状的批判性分析和绘制自由化之路

European Energy and Environmental Law Review Pub Date : 2022-04-01 DOI: 10.54648/eelr2022007

Costas Michail

引用次数: 0