| Description |
1 online resource. |
|
text file |
| Series |
International Environmental Law Ser.
|
|
International Environmental Law Ser.
|
| Bibliography |
Includes bibliographical references and index. |
| Contents |
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. |
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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. |
| Summary |
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 addresses environmental damage, environmental harm, the grounds for environmental responsibility and the exceptions to the responsibility principle. A critical appraisal of EU Directives 2004/35 and 2008/99 is complemented by an analysis of the input of the European Court on Human Rights and international environmental law with a view to filling the gaps identified in the Directives. Gouritin offers a full analysis of the potential and limits of the rights-based approach applied to environmental responsibility. |
| Local Note |
eBooks on EBSCOhost EBSCO eBook Subscription Academic Collection - North America |
| Subject |
Environmental law -- European Union countries.
|
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Environmental law. |
|
European Union countries. |
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Environmental law.
|
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Human rights.
|
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Human rights. |
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LAW -- Administrative Law & Regulatory Practice. |
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European Union. |
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Environmental damage. |
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European Union: environment. |
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Right to a sound, satisfactory and healthy environment. |
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International environmental law. |
| Genre/Form |
Electronic books.
|
| Subject |
Human rights. |
| Added Author |
Gouritin, Armelle, editor.
|
| Added Title |
European Union environmental law, international environmental law, and human rights law |
| Other Form: |
Print version: EU environmental law, international environmental law, and human rights law. Leiden : Brill, Nijhoff, 2016 9789004302136 (DLC) 2015041816 |
| ISBN |
900430214X (E-book) |
|
9789004302143 (electronic book) |
|
9789004302136 (hardback ; alkaline paper) |
| Standard No. |
10.1163/9789004302143 |
|
