Environmental Law and Policy in the European Union and the United States

Author: Randall Baker

Publisher: Greenwood Publishing Group

ISBN: 9780275952624

Category: Law

Page: 269

View: 2861

Authorities in the fields of environmental and international law and policy, political science, environmental technology, and public administration compare and contrast the ways in which the United States and the European Union handle similar environmental issues. The contributors critically analyze the influence of culture and history on the way apparently similar developed democracies handle the same problems; they examine the center-state relationship as it applies to EU member countries in contrast to states within the United States; they look at the challenge of transboundary, international, and global environmental problems, and how these relate to the still-emerging geopolitical reconfigurations involved in such structures as NAFTA and the EU; and they examine how transnational resources are handled in the North American and EU contexts. Randall Baker has assembled leading experts who examine significant issues for policymakers and environmentalists in North America and Western Europe.
Release

Environmental Law, the Economy and Sustainable Development

The United States, the European Union and the International Community

Author: Richard L. Revesz,Philippe Sands,Richard B. Stewart

Publisher: Cambridge University Press

ISBN: 9780521049009

Category: Business & Economics

Page: 448

View: 9643

This book provides a comparative analysis of environmental regulation in multi-jurisdictional legal and political systems, focusing on the United States, the European Union, and the international community. Each of these systems must deal with environmental interdependencies that cross local borders. Some transjurisdictional environmental problems are global, including stratospheric ozone depletion, climate change and the loss of biodiversity. Other environmental problems, however, are localized in their effect on health and the environment: for example, municipal waste disposal, many forms of pollution and resource development, and drinking water quality. These varying jurisdictional and environmental circumstances pose the central question of how responsibility for addressing different environmental problems should be allocated among the different levels of decision making and implementation in a multi-jurisdictional system.
Release

The Rules of Federalism

institutions and regulatory politics in the EU and beyond

Author: R. Daniel. KELEMEN,R. Daniel Kelemen

Publisher: Harvard University Press

ISBN: 0674039424

Category: Business & Economics

Page: 256

View: 8092

This book examines patterns of environmental regulation in the European Union and four federal polities--the United States, Germany, Australia, and Canada. Daniel Kelemen develops a theory of regulatory federalism based on his comparative study, arguing that the greater the fragmentation of power at the federal level, the less discretion is allotted to component states. Kelemen's analysis offers a novel perspective on the EU and demonstrates that the EU already acts as a federal polity in the regulatory arena. In The Rules of Federalism, Kelemen shows that both the structure of the EU's institutions and the control these institutions exert over member states closely resemble the American federal system, with its separation of powers, large number of veto points, and highly detailed, judicially enforceable legislation. In the EU, as in the United States, a high degree of fragmentation in the central government yields a low degree of discretion for member states when it comes to implementing regulatory statutes. Table of Contents: Acknowledgments 1. Regulatory Federalism and the EU 2. Environmental Regulation in the EU 3. Environmental Regulation in the United States 4. Environmental Regulation in Germany 5. Environmental Regulation in Australia and Canada 6. Food and Drug Safety Regulation in the EU 7. Institutional Structure and Regulatory Style Notes References Cases Cited Index R. Daniel Kelemen's The Rules of Federalism is an important contribution to both the literature on federalism and on the European Union. It makes an original theoretical and empirical contribution to our understanding of regulatory federalism and sheds new light on the federal systems which it compares. It will open up new avenues of inquiry. --Alberta Sbragia, University of Pittsburgh The Rules of Federalism makes a significant contribution to the literature on regulatory federalism. Keleman's original theoretical perspective is made plausible through a series of fascinating case studies. The book will be of interest to scholars of federalism, constitutional design, environmental policy, and the European Union. --Susan Rose-Ackerman, Yale Law School
Release

Environmental and Health Regulation in the United States and the European Union

Protecting Public and Planet

Author: M. Smith

Publisher: Springer

ISBN: 0230337767

Category: Political Science

Page: 195

View: 916

During the first decade of the twenty-first century, the United States increasingly has relaxed its regulatory posture in the face of critical challenges to public health and the environment. This is true for regulation of recycling of end-of-life products, including autos and electronic components; potentially hazardous chemicals; and health claims on food labels. Coincidentally, the European Union has gravitated toward more restrictive regulation in these very same areas. How might we explain these diverging regulatory trajectories of the world s two largest market economies in an era of rising public awareness of dangers to the public and the planet? The explanation derives not from cultural differences in willingness to tolerate risk, but rather from distinctive regulatory tradeoffs - between environment and competitiveness in the United States and environment, competitiveness, and integration in the EU.
Release

Green Giants?

Environmental Policies of the United States and the European Union

Author: Michael E. Kraft,Sheldon Kamieniecki

Publisher: MIT Press

ISBN: 9780262720441

Category: Political Science

Page: 398

View: 5675

An examination of current environmental policy trends in the United States and the European Union and the implications for future transatlantic and global cooperation.
Release

The Conflict Over Environmental Regulation in the United States

Origins, Outcomes, and Comparisons With the EU and Other Regions

Author: Frank T. Manheim

Publisher: Springer Science & Business Media

ISBN: 0387758771

Category: Business & Economics

Page: 318

View: 9364

in Congress – are not considered, they may affect future energy programs just as they have past programs. Finally, potentially ruinously costly increases in energy imports force attention to the problem of how major public policy plans have been and are prepared in the United States. A witches’ brew of some 500 energy bills proposed in the 110th C ongress in the House and Senate is now being stirred up. This “inspirational” approach to public policymaking bears little resemblance to the thoughtful way critical policies have been developed in the EU. A change of the way major national planning is undertaken may do more than anything else to bring facts and reality into play, reduce hostilities, open up cooperation, new resources, technologies, creative energies, and productivity toward energy policy transitions. Chapter 6 Foreign Experience 6. 1 The European Union and Other Nations Take the Lead “The EU has pioneered a new form of post-national government, in which nation-states pool some of their sovereignty for the common good. Many of its admirers see this as a useful potential model for Southeast Asia, the Indian subcontinent, China-Taiwan, Latin America, parts of Africa and so on. The EU takes some issues, like human rights, global warming and the fostering of an international system of justice, with admirable seriousness . . . . . . Considering the kind of Europe it replaced, the EU has been an almost miraculous success (Walker, 2007).
Release

Climate Change Law and Policy

EU and US Approaches

Author: Cinnamon Piñon Carlarne

Publisher: Oxford University Press, USA

ISBN: 0199553416

Category: Law

Page: 384

View: 9705

Existing climate change governance regimes in the US and the EU contain complex mixtures of regulatory, market, voluntary, and research-based strategies. The EU has adopted an approach to climate change that is based on mandatory greenhouse gas emission reductions; it is grounded in 'hard' law measures and accompanied by 'soft' law measures at the regional and Member State level. In contrast, until recently, the US federal government has carefully avoided mandatory emission reduction obligations and focused instead on employing a variety of 'soft' measures to encourage - rather than mandate - greenhouse gas emission reductions in an economically sound, market-driven manner. These macro level differences are critical yet they mask equally important transatlantic policy convergences. The US and the EU are pivotal players in the development of the international climate change regime. How these two entities structure climate change laws and policies profoundly influences the shape and success of climate change laws and policies at multiple levels of governance. This book suggests that the overall structures and processes of climate change law and policy-making in the US and the EU are intricately linked to international policy-making and, thus, the long-term success of global efforts to address climate change. Accordingly, the book analyses the content and process of climate change law and policy-making in the US and the EU to reveal policy convergences and divergences, and to examine how these convergences and divergences impact the ability of the global community to structure a sustainable, effective and equitable long-term climate strategy.
Release

The Politics of Precaution

Regulating Health, Safety, and Environmental Risks in Europe and the United States

Author: David Vogel

Publisher: Princeton University Press

ISBN: 0691124167

Category: History

Page: 317

View: 4540

"This is comparative politics at its very best. Vogel takes the reader on a fascinating transatlantic journey to show how and why regulatory leadership shifts with political pressures, elite preferences, and new views on risk management. His book should be required reading for everyone concerned about the safety of man and environment."--Lennart J. Lundqvist, University of Gothenburg, Sweden "Written by an eminent and eloquent scholar in the field, "The Politics of Precaution" addresses a major issue in risk regulation and transatlantic relations. The book's central claim is that there has been an overall shift from greater American to greater European relative precaution and stringency in risk regulation. Whether one agrees with that claim or not, one must contend with Vogel's argument."--Jonathan B. Wiener, Duke University and coeditor of "The Reality of Precaution: Comparing Risk Regulation in the United States and Europe" ""The Politics of Precaution" challenges some commonly held views about the political economy of regulation. The book will serve as a useful counter to those given to easy assumptions about the differences in how Europeans and Americans regulate similar consumer and environmental risks."--Keith Hawkins, professor emeritus of law and society, University of Oxford ""The Politics of Precaution" addresses an intriguing transatlantic topic, contains a wealth of interesting case studies, and is written by a seasoned and perceptive scholar. It is a serious contribution to the literature."--John D. Graham, Indiana University
Release

The European Union and Multilateral Governance

Assessing EU Participation in United Nations Human Rights and Environmental Fora

Author: Hans Bruyninckx,Sudeshna Basu

Publisher: Springer

ISBN: 023037591X

Category: Political Science

Page: 285

View: 5799

An interdisciplinary approach to the study of the EU in UN human rights and environmental governance which addresses the legal and political science dimensions. With contributions from academics and policy-makers, this volume is a comprehensive analysis of how the challenges it faces impact on the EU's position in UN fora.
Release

Public Environmental Law in the European Union and the United States

A Comparative Analysis

Author: René Seerden,Michiel Heldeweg,Kurt Deketelaere

Publisher: N.A

ISBN: N.A

Category: Law

Page: 583

View: 5276

This volume presents an overview of public environmental law in the European Union and the United States of America. It focusses on constitutional and administrative environmental law but also includes other areas of law such as criminal and private law (in as far as these are relevant to the understanding of public environmental law). The book offers a comparative introduction, by editors and native authors, to the most important aspects of environmental law (prevention of pollution). It thus aspires to contribute to both 'transboundary' understanding of different regimes for Environmental Law and to a greater co-operation between different international and European partners in their strive towards more adequate (legal) modes of protection and improvement of the environment. For the purpose of the use of this book in education, research and legal practice, the contributions to the book are all based on one and the same format, thus making it more accessible for its readers. The final chapter offers comparative remarks by the editors.
Release

The Global Environment

Institutions, Law and Policy

Author: Norman J. Vig,Regina S. Axelrod

Publisher: Earthscan

ISBN: 9781853836459

Category: Environmental law, International

Page: 352

View: 5962

All serious environmental threats are now international in scope and more than one thousand international environmental agreements already exist. Yet the prospects for international cooperation leading to the management of impacts on the planet remain grim. The Global Environment meets the need for an authoritative assessment of the state of international environmental institutions, laws and policies at the end of the 20th century.The book examines disagreements over the meaning of sustainable development, problems inherent in implementing environmental policies and the conflict over the exclusion of developing countries from the Kyoto Protocol. It discusses the profound trade-offs that may be required, the role of international financial interests in promoting incompatible forms of development and analyses international environmental institutions, law and policy and sustainable development.
Release

The Quest for Environmental Regulatory Integration in the European Union

Integrated Pollution Prevention and Control, Environmental Impact Assessment and Major Accident Prevention

Author: Eberhard Bohne

Publisher: Kluwer Law International B.V.

ISBN: 9041120815

Category: Political Science

Page: 644

View: 9533

It is a commonplace that pollution knows no borders, and that environmental law must allow for cross-border implementation. The European Union specifies this principle in EC directives on integrated pollution prevention and control (IPPC), on environmental impact assessment (EIA), and on the control of major accident hazards involving dangerous substances (Seveso II). This is the first book to investigate from both empirical and normative perspectives the effectiveness of these directives at the national level. It provides by far the most extensive comparative analysis and evaluation of the industrial permitting and inspections, EIA, and major accident prevention in the EU. Offering an in-depth study of the transposition and implementation of EC environmental directives in eight EU member states (Denmark, France, Germany, Italy, the Netherlands, Spain, Sweden, and the United Kingdom), the author who has played a significant role in the formulation of environmental legislation and regulation at both the national (German) and EU levelsand¿provides a stable base for an assessment of the benefits and costs of the integrated approach to environmental protection. Among the factors considered are the following: key features of national constitutional, administraand¬tive, and judicial systems which provide the framework for environand¬mental regulations and their implementation in the eight countries under study; procedures and substantive requirements transposing the IPPC, EIA and Seveso II directives into national laws; and evaluation of national deficiencies and the extent of muddling through. The empirical part of Dr Bohne's analysis draws on 138 expert interviews with public and private actors, a survey of 178 public authorities, and document analyses of selected industrial permits and environmental impact statements. His comparative analysis of procedural, organizational, and substantive integration makes it possible to identify and compare national accomplishments in regulatory integration, and offers new insights into the effectiveness and limits of EC law. The study concludes with a discussion of the implications of the findings for European governance and better regulation after the enlargement of the EU. This thoroughly researched, rigorous, and insightful study will be of great interest and value to policymakers, regulators, business people, environmental NGOs, consultants, and lawyers, as well as to students of environmental policies and European governance.
Release

Environmental Regulation of Oil and Gas

Author: Zhiguo Gao,Chih-Kuo Kao

Publisher: Kluwer Law International B.V.

ISBN: 9041107266

Category: Law

Page: 615

View: 9683

This book contains in-depth articles written by scholars, international lawyers, and practitioners from around the world. It deals with the environmental aspect of the hydrocarbon cycle in general and oil and gas exploration and production in particular. Its main thrust is management of environmental legal risks and issues in upstream operations.
Release

Maritime Safety Law and Policies of the European Union and the United States of America: Antagonism or Synergy?

Author: Iliana Christodoulou-Varotsi

Publisher: Springer Science & Business Media

ISBN: 3540698744

Category: Law

Page: 162

View: 642

The International Maritime Organization (IMO), as the United Nations specialized agency responsible for the regulation of shipping engaged in international trade from the points of view of maritime safety and the prevention and control of pol- tion by ships, recognizes that these goals can only be effectively achieved if each and every link in the corresponding chain of responsibility meets fully its obli- tions. Flag, port and coastal States, as well as the shipping industry itself, all have roles to play in collectively improving safety and protecting the environment, both marine and atmospheric, through the development, adoption, and uniform imp- mentation and enforcement of, global standards. In this book, Dr. Christodoulou-Varotsi sets out to explore the extent to which the actions of the European Union and the United States, as the main originators of high standards in these fields, constitute a paradigm to the rest of the inter- tional maritime community. In this regard, while underscoring the need for a - listic, multilateral approach to maritime regulation – as epitomized by the work of IMO – the author explores how standards could be enhanced through the use of unilateral action.
Release

Risk Regulation and Administrative Constitutionalism

Author: Elizabeth Fisher

Publisher: Bloomsbury Publishing

ISBN: 1847313728

Category: Law

Page: 256

View: 5172

Over the last decade the regulatory evaluation of environmental and public health risks has been one of the most legally controversial areas of contemporary government activity. Much of that debate has been understood as a conflict between those promoting 'scientific' approaches to risk evaluation and those promoting 'democratic' approaches. This characterization of disputes has ignored the central roles of public administration and law in technological risk evaluation. This is problematic because, as shown in this book, legal disputes over risk evaluation are disputes over administrative constitutionalism in that they are disputes over what role law should play in constituting and limiting the power of administrative risk regulators. This is shown by five case studies taken from five different legal cultures: an analysis of the bifurcated role of the Southwood Working Party in the UK BSE crisis; the development of doctrines in relation to judicial review of risk evaluation in the US in the 1970s; the interpretation of the precautionary principle by environmental courts and generalist tribunals carrying out merits review in Australia; the interpretation of the WTO Sanitary and Phytosanitary Agreement as part of the WTO dispute settlement process; and the interpretation of the precautionary principle in the EU context. A strong argument is thus made for re-orienting the focus of scholarship in this area.
Release

The EU Environmental Liability Directive

A Commentary

Author: Lucas Bergkamp,Barbara Goldsmith

Publisher: OUP Oxford

ISBN: 0191648930

Category: Law

Page: 408

View: 3621

Similar to the United States (US) Natural Resource Damage (NRD) program, defined under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or "Superfund") and the Oil Pollution Act (OPA), the European Union's (EU) Environmental Liability Directive (ELD)imposes liability for, and requires remediation of, significant damage to natural habitats and species protected at Community and national levels, surface and ground waters covered by the Water Framework Directive, and land.The ELD was first published in 2004 and has since been transposed into the national laws of all EU Member States. However there is little guidance available to authorities and industry in interpreting and applying the ELD and meeting its prevention and restoration objectives. This volume is the first to describe the EU's ELD and to examine the emerging issues and practices in its application. While there are differences between the US and EU regimes, some of the underlying concepts, approaches and definitions embedded in NRD are also mirrored in the text of the ELD. The book includes a comparison of similarities and differences as well as synergies in practice; hence, this book will be of interest to both US and European readers. The ELD imposes liability for significant damage to natural habitats and species protected at Community and national levels, surface and ground waters covered by the Water Framework Directive, and land. Prior to the ELD's adoption many Member States had programs in place for the restoration of soil and groundwater contamination, but none had a regime for addressing harm to unowned natural resources. This volume presents a comprehensive legal commentary on the legal issues arising under the ELD, as well as an overview of administrative, technical, and legal issues and practices in applying the ELD regimes to cases of actual or threatened environmental damage. In doing so, it discusses both substantive issues and important procedural and process-related issues. Several case studies are presented to illustrate the issues and practical solutions. In addition, emerging best practices relating to practical ELD application are identified and presented. Identifying and discussing a wide range of emerging administrative, technical, and economic practice issues arising under member state legislation transposing and implementing the ELD, this book will be a valuable resource for all those whose work is affected by the ELD.
Release

Environmental Policy in the European Union

Actors, Institutions, and Processes

Author: Andrew Jordan

Publisher: Earthscan

ISBN: 1849771227

Category: Political Science

Page: 385

View: 8520

This second and fully revised edition brings together some of the most influential work on the theory and practice of contemporary EU environmental policy. Comprising five comprehensive parts, it includes in-depth case studies of contemporary policy issues such as climate change, genetically modified organisms and trans-Atlantic relations, as well as an assessment of how well the EU is responding to new challenges such as enlargement, environmental policy integration and sustainability. The book's aim is to look forward and ask whether the EU is prepared or even able to respond to the 'new' governance challenges posed by the perceived need to use 'new' policy instruments and processes to 'mainstream' environmental thinking in all EU policy sectors.
Release

The Transatlantic Colossus

Global Contributions to Broaden the Debate on the EU-US Free Trade Agreement

Author: Daniel Cardoso, Philani Mthembu, Marc Venhaus, Miguelángel Verde Garrido

Publisher: Internet & Gesellschaft Collaboratory

ISBN: 3000446486

Category:

Page: 104

View: 7830

Now available online: The Transatlantic Colossus: Global Contributions to Broaden the Debate on the EU-US Free Trade Agreement (2014), a publication from the Berlin Forum on Global Politics (BFoGP) in collaboration with the Internet & Society Collaboratory and FutureChallenges.org of the Bertelsmann Stiftung. The free trade agreement (TAFTA | TTIP) currently being negotiated between the United States and the European Union has the potential to significantly impact the lives of people on both sides of the Atlantic and across the world. Because it is crucial to broaden the debate on this topic of global importance, the Berlin Forum on Global Politics decided to send out an international call for papers in order to collect a strong plurality of views on TAFTA | TTIP as part of the Collaboratory's Initiative on "Globalization and the Internet". The result is an open knowledge publication, freely accessible under its Creative Commons (BY) license, which includes 22 articles written by a multitude of well-informed global stakeholders, members of civil society, academia, think tanks, consumer and activist groups, and business organizations.
Release

The EU, the US and Global Climate Governance

Author: Dr Christine Bakker,Professor Francesco Francioni

Publisher: Ashgate Publishing, Ltd.

ISBN: 1472426541

Category: Law

Page: 300

View: 5729

This volume presents a critical analysis of transatlantic relations in the field of environmental governance and climate change. The work focuses on understanding the possible trends in the evolution of global environmental governance and the prospects for breaking the current impasse on climate action. Drawing on research involving experts from eleven different universities and institutes, the authors provide innovative analyses on policy measures taken by the EU and the US, the world’s largest economic and commercial blocs, in a number of fields, ranging from general attitudes on environmental leadership with regard to climate change, to energy policies, new technologies for hydrocarbons extraction and carbon capture, as well as the effects of extreme weather events on climate-related political attitudes. The book examines the way in which the current attitudes of the EU and the US with regard to climate change will affect international cooperation and the building of consensus on possible climate policies, and looks to the future for international environmental governance, arguably one of the most pressing concerns of civilisation today. This book, which is based on research carried out in the context of the EU-financed FP7 research project TRANSWORLD, will appeal to academics, policy makers and practitioners seeking a deeper understanding of the challenges resulting from climate change.
Release

EU Food Law and Policy

Author: Debra Holland,Helen Pope

Publisher: Kluwer Law International B.V.

ISBN: 9041121242

Category: Law

Page: 228

View: 9808

To all appearances, Europe is at present undergoing a crisis of consumer confidence with respect to the food industry. Recent food scares, the genetically-modified food controversy, a growing public awareness of the environmental footprint of intensive farming methods, and a perceived threat to the deeply-held European cultural values surrounding diet and cuisine all have combined to expose the vulnerability of consumers in the very ordinary activity of purchasing food. Although the creation of the European Food Safety Authority (EFSA) in February 2002 can be viewed as an EU response to this crisis, it in fact represents an inevitable milestone in a body of food-specific European legislation and case law that has been growing for many years. The EFSA does, however, clearly establish food law as an autonomous branch of EU law. This is the first book to survey and analyse this body of law in depth, drawing together the relevant laws and cases and taking stock of the trends and likely future developments in this dynamic and emotive area of law and policy. elucidates the scope of European food law by investigating several avenues and facets of the subject, including the following: its underpinnings in Article 3 of the EC Treaty, on the free movement of goods;the principle of mutual recognition among Member States;case law developments concerning composition of foodstuffs, labelling, sales promotion, advertising, and other aspects of food production and distribution;aims and policies of the January 2000 White Paper on Food Safety issued by the European Commission;appropriate hygiene standards; andauthorisation and labelling of GMOs. Because food is such a central and essential element in society, food law has far-reaching economic, social, and environmental consequences. And because Europe's new food safety regime is intended, by an extraordinary unanimity of Member States and major political groups, to be the most up-to-date and effective in the world, a broad range of legal practitioners and scholars, social scientists, and policymakers will greatly appreciate this thoroughgoing and insightful analysis.
Release