EU environmental law, international environmental law, and human rights law : the case of environmental responsibility /

In EU Environmental Law, International Environmental Law, and Human Rights Law: The Case of Environmental Responsibility, Armelle Gouritin offers a critical appraisal of EU environmental responsibility law and asserts a new rights-based approach to international environmental law. This book addresse...

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Detalles Bibliográficos
Clasificación:Libro Electrónico
Otros Autores: Gouritin, Armelle (Editor )
Formato: Electrónico eBook
Idioma:Inglés
Publicado: Leiden : Brill, Nijhoff, 2016.
Colección:International Environmental Law Ser.
Temas:
Environmental law > European Union countries.
Environmental law.
Human rights.
Droits de l'homme (Droit international)
LAW > Administrative Law & Regulatory Practice.
Environmental law
Human rights
European Union.
Environmental damage.
European Union: environment.
Right to a sound, satisfactory and healthy environment.
International environmental law.
European Union countries
Acceso en línea:Texto completo
Tabla de Contenidos:
  • Intro
  • Contents
  • Acknowledgments
  • Executive Summary
  • Chapter 1 Introduction. Methodology, Terminology, Basic Concepts and Tensions
  • 1.1 What: Subject, Questions, Thesis and Hypothesis
  • 1.2 How: The Comparative Approach Applied in the Book. A Particular Focus on the Human Rights Approach
  • 1.3 Introduction to Environmental Responsibility
  • 1.4 Foundational Difficulties Encountered by the EU Legislator that are Addressed in the Book
  • Chapter 2 International Environmental Law and Human Rights Partially Conflict but Mainly Confirm the Anthropocentric Conceptions of the Directives
  • 2.1 Gaps in the Directives: Definition of Damage and Harm. The Anthropocentric and Regulatory Approaches
  • 2.2 Gaps in the Directives: The Grounds for Responsibility. Limits of the Public and Regulatory Approach
  • 2.3 International Environmental Law Partially Conflicts with the Directives: Natural Resources vs. Biodiversity
  • 2.4 International Environmental Law and Human Rights Confirm the Directives through Policy Diffusion: Damage and Harm to Natural Resources
  • 2.5 Conclusion
  • Chapter 3 Conflict with Human Rights: Deference to the International Civil Liability Frameworks that Applies to Oil Spills in Directive 2004/35
  • 3.1 Limited Scope of Application of the Directive: The Exclusions of Responsibility Mechanisms
  • 3.2 Deference to International Law Conflicts with Human Rights: The Case of the Exclusion of Oil-spill Damage
  • 3.3 Conclusion
  • Chapter 4 Human Rights and Procedural Limitations in the Directives: Complement and Conflict
  • 4.1 Gaps in the Directives that have a Procedural Dimension
  • 4.2 Impartiality and Independence Requirements and the Discretion of Public Authorities: A Complement Case.
  • 4.3 The Obligation to Guarantee Access to Environmental Information on Risk and the Boundaries of the Development Risk Defence: A Complement Case
  • 4.4 Access to Justice and Prescription: A Conflict Case
  • 4.5 Conclusion
  • Chapter 5 Conclusions
  • 5.1 The First Hypothesis is Verified: Gaps in Directives 2004/35 and 2008/99
  • 5.2 The Second Hypothesis is Partially Verified: International Environmental Law and Council of Europe Human Rights Law as Limited Gaps-fillers. In between Complement, Confirmation and Conflict
  • 5.3 The Thesis is Not Verified: The Comparative Approach does not Help to Depart from the Cost-allocation Paradigm
  • 5.4 Taking Stock of the Results
  • Annex-Summary of the Findings: Complement, Confirmation and Conflict
  • Bibliography
  • Academic Works
  • Case Law (Chronological Order)
  • Legal Texts (Chronological Order)
  • Reports and Press Releases (Chronological Order)
  • Index.

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