Laws concerning environmental protection have a long history in the UK, but the last thirty years have seen unprecedented development in both the substantive body of environmental legislation and in thinking about underlying principles and institutional arrangements. The materials in this book, based on some of Richard Macrory's most significant writings, demonstrate how far environmental law has come in less than a generation, focussing in particular on the major themes of regulation, institutional arrangements, and enforcement which underlie the substantive detail of the law. Whilst acknowledging the growing importance of public international law relating to the environment, the book is largely concerned with UK and EC law, though many of the core themes have much wider relevance. Chapter 1 is concerned with major issues concerning regulatory reform, while chapter 2 considers challenges to current institutional arrangements, including the need for a specialised environmental court and tribunal, and the environmental implications of the major constitutional changes that have taken place in the United Kingdom in the last decade.
Chapter 3 reflects on the shifting dynamics of environmental law, new environmental standards, new technologies and the need to develop new notions of responsibility. Chapter 4 is a selection of reports of leading cases over the last decade illustrating how the higher courts have grappled with the interpretation of environmental legislation and the development of legal principle. The final two chapters focus on European dimensions, such as the key principles of EC law and its enforcement through unique, but by no means perfect, mechanisms developed under the Treaty.
Rezensionen / Stimmen
This compilation of Richard Macrory's engaging work comprises a selection of public lectures, academic articles, book chapters, a Cabinet Office report and policy briefings. Spanning his notable thirty year career, the book provides extensive evidence of Macrory's intellect, energy and sense of humour. One can find no better guide to the winding road along which the subject has travelled than this treasure chest. Neither a textbook nor a monologe, it offers a fascinating overview of the rapid development of the subject, through the lens of Macrory's own work. I read this book in one sitting. It is rare to find a volume which consumes one's attention for 756 pages - and rarer still that such a blockbuster be a law book...the real strength of this book lies in the overarching insights it provides into law and governance. Macrory does this by means of an environmental lens but this book is not solely for environmental enthusiasts - it should be essential reading for anyone concerned with the institutional reform, transparency and accountability in the UK and EU. Catherine MacKenzie The Cambridge Law Journal Volume 70/2 July 2011 Anyone interested in the evolution of environmental law in Western Europe during the last four decades will read this collection with profit. The comments are ... topical far beyond the year of their generation. Younger lawyers, Internet-oriented and less inclined to consider the evolution of law, might well learn from this inter-generational reflection on environmental law at the turn of the 20th and 21st century, where we come from, where we are going and, what is most important, where we should and could go in order to keep this planet in an enviromental state that is not worse than that of the 1960s or 1970s. Ludwig Kramer Common Market Law Review 2011 Richard's combination of serious scholarship and extensive experience in the world of environmental policy and regulation make this a particularly significant collection...This book should be essential reading for anyone concerned with the development of environmental law and policy. I hope also that it will be read by the next generation of environmental lawyers. They will be facing profound environmental challenges, which will undoubtedly require fresh legal solutions. The material in this collection will stand not only as a record of remarkable achievement, but as an inspiration for innovative thinking in the future. Foreword by Robert Carnwath May 2009 ...clearly destined to become the classic reference work on regulation and enforcement of environmental law...The author combines serious scholarship with extensive practical experience in the world of environmental policy and regulation...The volume is essential reading for those concerned with the development of environmental policy, law and regulations today; as well as for the next generation of environmental lawyers who will face profound environmental challenges calling for innovative legal solutions. Ayesha K. Dias Oil, Gas & Energy Law Intelligence Vol 7, Issue 4, December 2009 The latest scholarly book by Professor Richard Macrory, a leading authority in the field, chronicles the development of environmental law and policy in the UK. It is a dense volume of work, but a valuable one ...a useful tool for students and professionals alike seeking to better equip themselves for the future challenges - and opportunities - of environmental law. Jacqueline Goodrum EFL line Spring/Summer 2010 This book is a testament to the invaluable and distinctive contribution that Macrory has made to environmental law scholarship over the years. This book is an excellent reference work on environmental law. The material that Macrory has selected for inclusion covers a diverse range of issues, from the scope of environmental law to the role of the ECJ in furthering environmental objectives. By including publications that span four decades, it charts the evolution of contemporary thinking in environmental law and governance, thus providing a useful insight into not only how environmental law has developed in the past, but also how it might look in the future. All in all, it is an extremely important and valuable addition to the environmental lawyer's bookshelf. Carolyn Abbot Journal of Environmental Law Volume 22, Issue 2 This is an excellent and stimulating collection of works for a noted leader in environmental law. The key appeal and contribution of this work is that it pulls together different types of publication, all of which are important to environmental law. This collection is many good things: a readable and full introduction to the issues which can and should be part of the environmental law conversation; deep analysis of interest to scholars; pieces of immediate use to practitioners and policymakers; and, from a practical perspective, it comes with a good index. Dr Abbe E.L. Brown Climate Law November 2010
Sprache
Verlagsort
Verlagsgruppe
Bloomsbury Publishing PLC
Zielgruppe
Für höhere Schule und Studium
Für Beruf und Forschung
Maße
Höhe: 234 mm
Breite: 156 mm
Dicke: 38 mm
Gewicht
ISBN-13
978-1-84946-035-4 (9781849460354)
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Schweitzer Klassifikation
Richard Macrory is a barrister with Brick Court Chambers and Professor of Environmental Law at University College London where he is director of the Centre for Law and the Environment. At different times he has been chairman of the UK Environmental Law Association, editor of the Journal of Environmental Law, Standing Counsel to the Council for the Protection of Rural England, a member of the Royal Commission on Environmental Pollution, and chair of the steering board of European Environmental Advisory Councils. He has also been a specialist adviser to select committees in both the House of Commons and the House of Lords, a board member of the Environment Agency, England and Wales, and Hon. President of the National Council for Clean Air and Environmental Protection. In 2005-6 he was appointed by the Cabinet Office to conduct the Review on Regulatory Sanctions. He is currently legal correspondent to ENDS Report, and in 2006 was appointed a member of General Electric's Ecomagination Board. In 2000 he was made C.B.E, for services to law and the environment and in 2008 was appointed a Q.C. (Hon Causa) for his work on the development of environmental law.
Part I Regulatory Reform 1 Reforming Regulatory Sanctions 2 Regulatory Justice: Making Sanctions Effective 3 Regulating in a Risky Environment Part II Institutional Reform and Change 4 The Environment and Constitutional Change 5 Modernising Environmental Justice: Regulation and the Role of an Environmental Tribunal 6 Trust and Transparency: Reshaping Environmental Governance in Northern Ireland Part III The Dynamics of Environmental Law 7 Environmental Law: Shifting Discretions and the New Formalism 8 Loaded Guns and Monkeys: Responsible Environmental Law 9 Environmental Standards, Legitimacy, and Social Justice 10 Technology and Environmental Law Enforcement 11 The Scope of Environmental Law 12 Cycle Lore Part IV The Courts and the Environment 13 European Court of Justice 14 House of Lords 15 Court of Appeal 16 High Court Part V Europe and the Environment 17 The Amsterdam Treaty: An Environmental Perspective 18 The Legal Duty of Environmental Integration: Commitment and Obligation or Enforceable Right? 19 Environmental Citizenship and the Law - Repairing the European Road 20 Balancing Trade Freedom with the Requirements of Sustainable Development 21 Subsidiarity and European Community Environmental Law 22 Participatory Rights, Transboundary Environmental Governance and EC Law 23 Underlying Themes in the Policy Process Part VI Supra-national enforcement of environmental law 24 Compliance Mechanisms in the European Community - A Global Model 25 The Enforcement of EU Environmental Law: Some Proposals for Reform 26 The Enforcement of Community Environmental Law: Some Critical Issues
