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date: 17 February 2020

(p. 1185) Index

(p. 1185) Index

Note: Tables and figures are indicated by an italic ‘t’ and ‘f’ following the page number.

Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters 1998891–2, 981–3, 985–8, 1049, 1063, 1087
Compliance Committee987, 1063
foreign state standing under1178
implementation1168
under EU law155–6, 166, 802–3, 983
in Germany192, 199, 208–9
in the UK355, 368, 369–70
Kiev Protocol to Pollutant Release and Transfer Registers 2003990–1
NGO rights under982–3; see also non-governmental organizations (NGOs)
Aborigines, Australian70, 79; see also Australia; indigenous peoples’ rights and interests
access to environmental information and justice1062–4
in Brazil1078
in the Czech Republic1078
EIAs, public participation duties890–2; see also environmental impact assessments (EIAs)
environmental information duties, see environmental information duties
environmental justice, see environmental justice
in Finland1078
in Germany192, 199, 208–9
information technology, impact on the ‘public domain’993–4
in Mexico288–90
in South Africa319–20, 324–5, 1063–4
treaties and instruments
Declaration on the application of Principle 10 of the Rio Declaration on Environment and Development in Latin America and the Caribbean984–5
Escazú Convention on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean (draft) (2018)985–8, 1063
Rio Declaration 1992, Principle 10978–85, 986, 1063; see also Rio Declaration on Environment and Development 1992
soft law instruments980–1
in the UK355, 368–70, 993–4, 1087
wider applications of principle1087see also human rights; principles of environmental law
acid rain399
Acid Rain Program, US414–15see also air pollution, transboundary effects
Ackerman, Bruce936
adjudication, environmental, see alternative dispute resolution; litigation
administrative agencies, environmental, see environmental protection agencies
agriculture:
Codex Alimentarius, see Codex Alimentarius
European Food Safety Authority756–7
farmers’ rights529; see also human rights
farmland use control440, 455–6; see also land degradation; land use control
food security443, 448; see also human rights
organic food
International Federation of Organic Agriculture Movements782
labelling of782, 1001, 1006, 1014, 1017, 1019; see also eco-labelling
UN Food and Agriculture Organization454, 490–1, 511, 786
air industry, see aviation industry
(p. 1186) air pollution416–17
‘air basin’ management approach873
air quality control
in Austria548
in Bangladesh732
in China136, 411–13
under EU law162–3, 402–6
EU, US and Chinese approaches compared413–16
in France178
in Germany197–9, 206–7, 868–9
in India218, 228–9, 732
in Indonesia242–3
in Japan262–3
in Mexico283
in Nepal732
in Singapore300–4
in South Korea340–1
in the UK359–60, 766, 868–9, 874
chemical hazards regulation, see chemicals regulation
China, air pollution levels in129, 398
definitions398, 399
functionalism applied to13; see also methodologies of comparative law
greenhouse gas emissions, see climate change policies
odour pollution, see odour pollution control
public health impact of416
transboundary effects
ASEAN Agreement on Transboundary Haze Pollution 2002303, 400
definition399
no-harm principle401
Singapore, pollution from forest burning in Indonesia303–4
Trail Smelter arbitration case (United States v Canada) (1941)399, 400–1
vehicle-source pollution, see vehicles, control of pollution from see also pollution control
Alberta, liquid fuel use560; see also Canada, climate change policies
Alien Tort Statute (US), see United States, Alien Tort Statute
alternative dispute resolution:
in Japan263, 274–5
in South Korea349
Trail Smelter arbitration case (United States v Canada) (1941)399, 400–1; see also air pollution, transboundary effects, litigation
Amazon Rainforest protection104–6; see also Brazil, rainforest protection
ambient air pollution, see air pollution
animals:
animal testing for chemicals regulation582–3, 595, 596; see also chemicals regulation
hunting regulation, see hunting regulation
juridical rights of nature/non-humans436–7, 714–15, 1059–62, 1069; see also public interest litigation
property rights over; see also property rights
excluded in France177
wild species474–5, 707–8
slaughterhouse regulation, India229
species protection, see habitats and species conservation
Antarctica839
Protocol on Environmental Protection to the Antarctic Treaty 1991880, 887see also protected areas
Aquaculture Stewardship Council certification scheme736; see also marine biodiversity and fish stocks; non-governmental organizations (NGOs)
aquatic ecosystems protection, see water resources governance, rivers and lakes
Argentina:
climate change policies536
contaminated sites remediation638
genetically modified organisms (GMOs) regulation514, 523
strict liability1030
Arup, Christopher946
ASEAN (Association of South East Asian Nations):
Agreement on Transboundary Haze Pollution 2002303, 400; see also air pollution, transboundary effects
Human Rights Declaration 2012 1054; see also human rights
as a transnational network778; see also transnational networkssee also international organizations
Atlantic Rainforest protection96; see also Brazil, rainforest protection
atmospheric pollution, see air pollution
audits, environmental, see environmental information duties, audits
Australia80
case law
Commonwealth v Tasmania (Tasmanian Dam case) (High Court)62–3
Murphyores Inc Pty Ltd v Commonwealth (High Court)61–2
Warringah Shire Council v Sedevcic (NSW Court of Appeal)79
(p. 1187) climate change policies71–2, 544, 566
Climate Change + Me education project, New South Wales964, 965, 965f
emissions trading74–5; see also emissions trading
energy transition, see Australia, energy policies
flood mitigation, Queensland739–40
judicial responses72–3
in New South Wales, see New South Wales, climate change policies
offshore greenhouse gas storage74–5; see also carbon capture and sequestration/utilization
statutory responses73–5
constitutional structure of environmental governance60, 150
distribution of powers between Commonwealth and sub-national governments61–5
contaminated sites remediation633, 637
energy policies
energy efficiency559
fossil fuels use566
renewable energy72–3, 74
environmental education960, 962t
Climate Change + Me project, New South Wales964, 965, 965f
education for sustainable development, national action plan963–4
environmental harm concept67–8
environmental rules, types65–6
genetically modified organisms (GMOs) regulation514, 523
habitats and species conservation709
in New South Wales68–9, 486, 711, 744
in Queensland711
heritage conservation, Northern Territory69–70
implementation and enforcement framework
criminal enforcement78
decision-making rules enforcement79
environmental audits76, 740
environmental impact assessments76, 883, 886, 893–4, 895, 897
environmental protection agencies76, 722, 726, 727–8
liability system77–8, 1032
litigation, see Australia, litigation
NGOs734, 738
Parliamentary select committees723–4
self-regulation, see Australia, self-regulation
standards742, 858, 859
taxation measures916–17
indigenous peoples’ rights and interests70, 79
litigation
judicial review79, 675–6, 802
in New South Wales, see New South Wales, litigation
public interest litigation79, 738
in South Australia, merits review731
specialist environmental courts78, 802, 805
minerals extraction, authorization63–4
noise pollution control916–17
pollution control
in Queensland67–8
in Victoria66–7
principles of environmental law659
intergenerational equity72
as legal catalysts, New South Wales675–6
precautionary principle664–5, 1176
public trust doctrine707
sustainable development, see Australia, sustainable development
self-regulation
in Australian Capital Territory745–6
in New South Wales744
soil conservation456
sustainable development70, 72–3
as climate change response, see Australia, climate change policies
influence of Rio Declaration 1997657; see also Rio Declaration on Environment and Development 1992
land use control70–1
in New South Wales664–5
polycentric decision-making for75
waste management621–2
in New South Wales, see New South Wales, waste management
in South Australia611, 614, 615, 617, 622
water resources governance64–5, 435
Australian Capital Territory:
environmental audits76
self-regulation745–6see also Australia
Austria, air pollution control548
authorizations, see permits and licences
aviation industry:
emissions reductions574; see also climate change policies
EU Emissions Trading Scheme, extension to162, 403–4, 573; see also European Union, Emissions Trading Scheme
energy efficiency initiatives559
international civil liability regime1028
noise pollution control; see also noise pollution control
in Australia916–17
in France916
in Japan263see also vehicles
(p. 1188) balancing approach to environmental and other objectives41
Bangladesh:
air pollution control732
constitutional rights and duties1056
energy policies559, 565
environmental education965, 966t, 967–9
Rose’s story969
Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal 1989608, 619–20, 773
implementation1169
under EU law167
in Japan265
in Singapore307see also hazardous waste control
Baumol, William905
Belgium:
climate change policies544
contaminated sites remediation638
criminal enforcement of environmental laws1130
litigation799, 1035
Bell, Justine739–40, 767
Bell, Stuart936
Belo Monte hydroelectric project controversy, Brazil93; see also Brazil
best available technique (BAT) standards, see standards, best available technique (BAT) standards
Bethlehem, Daniel1162
big data994
biodiversity, see conservation
biodiversity offsetting711, 741; see also market mechanisms
biogas capture552; see also renewable energy policies; waste management
Biosafety Protocol (Cartagena Protocol on Biosafety to the Convention on Biological Diversity 2000)167, 512, 519, 520, 660–1, 1028; see also Convention on Biological Diversity 1992 (CBD)
Bjällås, Ulf806
Bodansky, Dan929
Boer, Ben658
Bonn Declaration of World Heritage 2015955, 956; see also heritage conservation
Bosselmann, Klaus666–7
bottom-up functionalism18–19; see also functionalism
Boute, Anatole944
Boyd, David1052, 1054, 1057, 1059
Braithwaite, John721
Brazil106–7
biodiversity of83
climate change policies97–8, 534, 551
energy transition, see Brazil, energy policies
constitutional rights and duties89, 94, 1057–8
access to environmental information and justice1078
ecological function of property87–8
right to an ecologically balanced environment87, 102–4, 674, 1078
constitutional structure of environmental governance
constitutional rights and duties, see Brazil, constitutional rights and duties
distribution of powers between federal and sub-national governments85–6
judicial system101–2
natural resources, ownership and management of84–5
contaminated sites remediation636, 638
energy policies
Belo Monte hydroelectric project controversy93
energy efficiency560
renewable energy93, 556
unconventional oil and gas development86
environmental law
definitions91
development of89–90
National Environmental Policy Act 198190–2
forestry control88, 89–90, 551
deforestation regulation86, 93, 94, 103, 105
Forest Code 201293–5
legal reserve rules94, 95–6, 103
permanent preservation area rules94, 96, 103
protection of specific trees and tree species96
rainforest protection, see Brazil, rainforest protection
genetically modified organisms (GMOs) regulation517–18, 521, 523
habitats and species conservation96; see also Brazil, rainforest protection
heritage conservation89, 97
implementation and enforcement framework
challenges affecting98, 105, 107
criminal enforcement96–7, 100, 1130
environmental impact assessments92–3
environmental protection agencies99–100, 728
liability system, see Brazil, liability system
litigation, see litigation
Ministry of Environment99
permits and licences, see Brazil, permits and licences
prosecutors100–1
standards99, 107, 638, 871–2
indigenous peoples’ rights and interests89, 93, 105–6
liability system91–2
strict liability91–2, 103, 1030, 1130
litigation
judicial review674–5
(p. 1189) public interest litigation89, 90, 101, 102–4, 1039
súmula vinculante (binding legal precedents)102
permits and licences86, 97, 99
for minerals extraction84, 86, 89
for water pollution control426
pollution control91, 97, 426, 871–2
principles of environmental law90–1
access to environmental information and justice1078
ecological function of property87–8
intergenerational equity88
as legal catalysts674–5
precautionary principle674–5
right to an ecologically balanced environment87, 102–4, 674, 1078
rainforest protection
Amazon Rainforest104–6
Atlantic Rainforest96
Rainforest Alliance783, 1005
waste management
hazardous waste86, 98
solid waste98, 622
water resources governance84–5, 97
water pollution426, 871–2
Brexit372–3, 776, 853; see also United Kingdom
British Columbia:
carbon tax117, 540–1, 547–8, 919–20
electrification of vehicles576–7see also Canada
Brudner, Alan1131
Brundtland Report: Our common future (United Nations, 1987)955, 956–7
Brunnée, Jutte929
buildings, energy efficiency policies for556–8; see also energy efficiency policies
Burke-White, William1163
California:
chemicals regulation588, 591; see also chemicals regulation in the US
climate change policies332, 379, 409, 540, 546, 577
emissions trading scheme415, 577, 934, 935
environmental risks labelling1000, 1018
water resources governance431see also United States
Callon, Michael944–5
Canada126–7
case law
Trail Smelter arbitration case (United States v Canada) (1941)399, 400–1; see also air pollution, transboundary effects
chemicals regulation586, 591, 592, 593, 600, 605
climate change policies537
carbon taxes117, 540–1, 547–8, 919–20, 921–2
emissions trading118
energy transition, see Canada, energy policies
liquid fuel use, Alberta560
Regional Greenhouse Gas Initiative779
Western Climate Initiative779–80
constitutional structure of environmental governance109, 111–12
conflicts between federal and sub-national laws112, 909
constitutional rights and duties113–14
municipal powers113
contaminated sites remediation638
ecological footprint analysis117
energy policies
energy efficiency policies115, 560, 576–7
renewable energy feed-in tariff programmes117–18
environmental impact assessments115–16, 884, 888, 889, 893, 895, 897
indigenous peoples, participation rights116, 892
judicial review of898
environmental technology verification117
genetically modified organisms (GMOs) regulation514, 523
implementation and enforcement framework114
challenges affecting112, 115–16, 126
criminal enforcement124–5, 1130
economic instruments117–18
environmental impact assessments, see Canada, environmental impact assessments
environmental planning818, 822, 823, 827
independent advisory bodies and watchdogs117
information-based regulation115–17
institutions123–4
litigation, see Canada, litigation
standards114–15, 638, 859, 861, 862
taxation measures, see Canada, taxation measures
indigenous peoples’ rights and interests109–10, 122, 126–7
environmental impact assessments, participation rights116, 892
environmental jurisdiction110–11
incorporated into precautionary principle121
industrial pollution, pollutant release and transfer registries116–17
litigation
citation of Quebecer authorities118
class actions119, 122
environmental boards and tribunals123
judicial review125
private prosecutions125–6
public interest litigation119, 125, 126
tort claims118–19
marine pollution control1177–8
principles of environmental law
environmental justice122
polluter-pays120
(p. 1190) precautionary principle120–1
sustainable development121–2, 823, 827
soil conservation456
taxation measures909
carbon taxes117, 540–1, 547–8, 919–20, 921–2
waste management610, 622
water resources governance419see also British Columbia; Ontario; Quebec
Cane, Peter731
cap-and-trade mechanisms:
emissions trading, see emissions trading
for water pollution control427; see also water pollution control
carbon capture and sequestration/utilization568, 576
offshore, in Australia74
in the UK568
in the US568
in Victoria74see also climate change policies
Carson, Rachel579, 751, 952
cars, pollution from, see vehicles, control of pollution from
Cartagena Protocol on Biosafety to the Convention on Biological Diversity 2000167, 512, 519, 520, 660–1, 1028; see also Convention on Biological Diversity 1992 (CBD)
cartographical approach to comparative environmental law, see ‘mapping’ environmental law
Center for International Forestry Research442; see also deforestation; forestry control
chemicals regulation579–80
agricultural chemicals; see also agriculture
EU regulation of780
farm worker exposure to1017–18
M.C. Mehta v Union of India (Supreme Court) (Shriram Fertilizer case)223–4, 732
water pollution by, see water pollution control
in Canada586, 591, 592, 593, 600, 605
concepts
chemical hazards and risks581–2
chemicals regulation580–1
data acquisition for582–3, 595–6
animal testing582–3, 595, 596
environmental harm incidents involving chemicals579
EU and US regimes compared593, 599, 602, 603, 604, 605
identification of chemicals584–6
in Japan266–8, 592
liability systems593–4; see also liability systems
market failures justifying584, 589
Minamata Convention on Mercury 2013777
polymers and micro-plastics585
prescriptive tools589, 591–3; see also command and control regulation
prioritization schemes586
products incorporating or combined with chemicals585
risk assessment587–8
risk management589
corporate risk management programmes580, 584, 605, 745, 989–90; see also corporate environmental responsibilities
information tools589–91
in South Korea344–5
Stockholm Convention on Persistent Organic Pollutants 2001267, 592
taxation measures916; see also taxation measures
chemicals regulation in the US:
in California588, 591, 606
toxic release inventory989, 1006
Toxic Substances Control Act 1976 (TSCA) regime582, 598–9
chemicals inventory600
compared with EU REACH regime593, 599, 602, 603, 604, 605; see also European Union, chemicals regulation (REACH regime)
informational requirements590, 591, 604
liability system593–4
new chemicals and significant new uses authorizations603–4
prioritization, evaluation and management of active chemicals586, 600–3
risk assessment588
taxation measures914, 916see also chemicals regulation; United States
Chile, energy policies428, 559, 563, 566
China:
air pollution
effect on energy policies567
levels129, 398
regime compared with EU and US approaches413–16
regulation136, 411–13
circular economy policies132, 136, 624
climate change policies534
energy transition, see China, energy policies
greenhouse gases treated as air pollutants412
constitutional structure of environmental governance130, 909
constitutional rights and duties130–1
law enforcement inspection132
(p. 1191) National People’s Congress, legislative powers131–2, 410
People’s Congresses, regulatory oversight powers132–3
political system130–1
emissions trading schemes (proposed)
compared with the EU Emissions Trading Scheme937–9, 945–7; see also European Union, Emissions Trading Scheme
greenhouse gases covered938–9
objectives937
price management942–5
energy policies
air pollution controls, effect of567
energy efficiency560–1
renewable energy552, 561, 563
environmental impact assessments
judicial review of897
procedures886–7, 888, 893, 895, 898
public participation891
strategic environmental assessments885
environmental law
categories of laws133, 133f, 134
Environmental Protection Law 2014134–5, 138, 144, 146, 415
environment-related laws135–6
genetically modified organisms (GMOs) regulation518–19, 521
implementation and enforcement framework136
administrative organizational structure137–8
cadre evaluation using environmental targets138–9
challenges affecting413
corporate reporting duties990
eco-labelling1001
‘ecological civilization’ policy136–7
environmental impact assessments, see China, environmental impact assessments
environmental planning820, 821, 822, 823–4, 827–8, 830–1, 832
environmental protection agencies134, 137–8, 410–11, 414, 727
liability system, see China, liability system
litigation, see China, litigation
local government powers and duties412
non-governmental organizations (NGOs)898
standards519
taxation measures909
IPPEP (Interactions of Parties in Process of Environmental Protection) Model141, 142, 142f
major parties and players143–5
relationship between players and rules146–7
rules of conduct145–6
liability system138
pollution share liability1035
strict liability1030, 1031
litigation
judicial system139, 140, 140f
judicial systems in Hong Kong, Macao and Taiwan139
public interest litigation140–1, 144, 415
marine pollution control1168–9
water resources governance430
groundwater pollution levels129
water pollution control423, 426
Chowdhury, M. A. Taiyeb968
circular economy policies623–4
in China132, 136, 624
eco-labelling, life cycle analysis and costing for1009–11; see also eco-labelling
under EU law159, 623–4
in France179
in Japan265see also recycling policies
Cities Biodiversity Index308; see also Convention on Biological Diversity 1992 (CBD)
citizen suits, see public interest litigation
civil society actors, see non-governmental organizations (NGOs)
class actions:
in Canada119, 122
in France181–2, 187
in Japan271
in Mexico292
Clean Air Act 1970 (US), see United States, Clean Air Act 1970
Clean Water Act 1972 (US), see United States, Clean Water Act 1972
climate change policies:
in Argentina536
for the aviation industry, see aviation industry, emissions reductions
in Belgium544
in Brazil97–8, 534, 551
carbon capture and sequestration/utilization, see carbon capture and sequestration/utilization
causes of climate change442, 447
(p. 1192) deforestation regulation (REDD and REDD+)241, 551–2, 572; see also deforestation
for developing countries; see also developing countries
Clean Development Mechanism571–2
exceptionalism argument573
eco-labelling1001, 1002, 1007; see also eco-labelling
emissions reduction targets544–7
emissions trading, see emissions trading
energy transition, see energy policies, energy transition
of the EU161–2
in Fiji534
flood mitigation549, 739–40
greenhouse gases, specific policies
fluorinated gases553–4, 572–3
methane552; see also solid waste management
human and constitutional rights restrictions on 1080; see also constitutionality of environmental law; human rights
in Indonesia240–1, 551
information disclosure, climate change impacts187, 549–50; see also environmental information duties
judicial review of542, 543–4; see also judicial review
land use, land use change and forestry (LULUCF) policies241, 547, 550–2
in Malaysia539
in the Netherlands534, 544
in New Zealand534, 544, 548, 560
in Pakistan534, 544, 732–3, 1174
in Poland548
regulatory approaches
command and control548
comprehensive regulation533–6
gestures towards policy only539
patchworks of old and new laws536–8
policy but no laws538–9
transnational networks773, 774, 779–80, 785–6; see also transnational networks
regulatory governance
executives versus legislatures543
by sub-national actors540–3, 546
renewable energy policies, see renewable energy policies
for the shipping industry574; see also shipping industry
in Singapore309–10
in South Africa332
in Spain544
subsidies and tax incentives548–9
in Sweden548
tort claims1109, 1110; see also tort claims
treaties and instruments
Copenhagen Accord 20091175
Global Covenant of Mayors for Energy and Climate Change779, 781, 785
Montreal Protocol on Substances that Deplete the Ozone Layer 1987553, 571–3, 1168, 1181–2
Paris Agreement 2015, see Paris Agreement on Climate Change 2015
in the UK360–1, 534–5, 543, 544
in Venezuela539
in Vietnam551–2, 572
wildlife corridors and buffer zones472–3, 850–1; see also habitats and species conservation
Coase, Ronald934, 944
Codex Alimentarius:
Codex Alimentarius Commission786; see also transnational networks
GMOs regulation; see also genetically modified organisms (GMOs) regulation
GMO labelling524
Principles for the Risk Analysis of Foods Derived from Modern Biotechnology (2009)514see also agriculture; United Nations
collective environmental rights and interests:
collective redress, see class actions; public interest litigation
constitutionally protected, see constitutionality of environmental law
of future generations, see intergenerational equity principle
as public health matter, see public health and the environment
Collins, Harry763
Colombia:
indigenous peoples’ rights and interests1167
rights of the Atrato River recognized1061
(p. 1193) command and control regulation:
in Austria548
in Canada, via standards114–15
chemicals risk management589, 591–3; see also chemicals regulation
for climate change control548; see also climate change policies
environmental planning, see environmental planning
market mechanisms contrasted with933; see also market mechanisms
command and control model of market mechanisms930
protection of sites, see protected areas
in South Korea339
standards, see standards
in the UK359
in the US548see also environmental regulation
common concern of humankind principle448–9, 465, 474, 475; see also principles of environmental law
common heritage of mankind principle174, 448; see also Convention on the Law of the Sea 1982 (UNCLOS); principles of environmental law
community associations, see non-governmental organizations (NGOs)
companies, environmental duties, see corporate environmental responsibilities
comparative environmental law:
importance of30–1, 36
legal culture significance, see legal culture
noteworthy studies5–7, 17–23
principles of environmental law as legal connectors, see principles of environmental law, as legal connectors
scholarship, reasons for lack of4–5, 931–3
transnational networks, challenges posed by786–9; see also transnational networks
compensation for environmental harm, see liability systems, compensation
competences, distribution of, see distribution of powers
conceptual approach to comparative law11–12; see also methodologies of comparative law
conflict of laws rules applied to multinational companies, see multinational companies, extraterritorial liabilities
conservation:
forests, see forestry control
habitats and species, see habitats and species conservation
heritage conservation, see heritage conservation
marine biodiversity and fish stocks, see marine biodiversity and fish stocks
treaties and instruments462; see also land degradation, treaties and instruments
Bonn Declaration of World Heritage 2015955, 956
Convention for the Conservation of Southern Bluefin Tuna 1993777
Convention for the Protection of the Natural Resources and Environment of the South Pacific Region 1982470
Convention for the Protection of the World Cultural and Natural Heritage 197262, 457, 470, 839, 1166
Convention on the Conservation of European Wildlife and Natural Habitats 1979470, 474–5, 476
Convention on the Conservation of Migratory Species of Wild Animals 1979474, 477
International Convention for the Control and Management of Ships’ Ballast Water and Sediments 2004481
Minamata Convention on Mercury 2013777
Protocol on Environmental Protection to the Antarctic Treaty 1991880, 887
Revised African Convention on the Conservation of Nature and Natural Resources 2017450–1
World Charter for Nature 1982168, 1051–2
constitutionality of environmental law53–4, 1073–5
in Bangladesh1056
in Canada113–14
in China130–1
constitutional environmental norms1077–80; see also principles of environmental law
constitutional review, see judicial review
constitutional structures, see distribution of powers
in the Czech Republic1078
in Ecuador1060
environmental law’s impact on public and constitutional law1087–9
environmental regulation restricted by rights1079–80; see also environmental regulation
in Finland1078
in France173–4, 1175
in India53–4, 213–14, 230, 672, 1056
in Indonesia234
international law norms 1167; see also international environmental law
in Ireland1056
in Italy1077
in Japan256–7, 272
legal culture influence1080–1; see also legal culture
in Mexico279–81, 294
in the Netherlands1077
in ‘non-constitutional’ states1081–4
in Norway1078
in Pakistan1056, 1065
in Poland1077
in South Africa315–16, 317–20, 1048–9, 1054, 1057, 1063–4
in South Korea336–8
in Spain1078
in Sri Lanka1056
structures of governments, see distribution of powers
in the UK355–6, 793, 1082
in the US53, 376, 793, 1057–8, 1082
in Zimbabwe1053–4see also human rights; rule of law
consumer law and the environment:
eco-labelling, see eco-labelling
product liability1032, 1034, 1103
contaminated sites626–8, 639–40
aims of regulation, differences between states629–30
chemical hazards regulation, see chemicals regulation
‘contamination’ definition630–2, 641, 633–4
designing rules, decision areas50
hazardous waste control, see hazardous waste control
liability options634–7, 643t; see also liability systems
remediation policies
in Argentina638
in Australia633, 638
in Belgium638
in Brazil639–40, 643
in Canada643
in Denmark635
in Finland636
in France187, 638
in Germany636
in India635, 643
in Israel631–2
in Italy632, 636, 638
in Japan266–7, 633
in Mexico288
in the Netherlands632, 633, 638
in New South Wales633
in New Zealand633
in Poland633
in Singapore307
in South Korea343
in Sweden639
in Switzerland638
in the UK632, 633, 635, 636, 638, 639, 1127
in the US (Superfund regime)384–6, 912
in Venezuela638
in Western Australia633
remediation policy models637, 645t, 638–9
remediation standards634, 637, 645t
state comparisons tables640, 641t, 643t, 645t
Stockholm Convention on Persistent Organic Pollutants 2001267see also land degradation; pollution control
contextualist approach to comparative law15; see also methodologies of comparative law
Convention for the Conservation of Southern Bluefin Tuna 1993777
Convention for the Protection of the World Cultural and Natural Heritage 197262, 457, 470, 839, 1166; see also heritage conservation
Convention on Biological Diversity 1992 (CBD)168, 463, 478–9
biodiversity/biological diversity concept464–6, 487
Cartagena Protocol on Biosafety to the Convention on Biological Diversity 2000167, 512, 519, 520, 660–1, 1028
Cities Biodiversity Index308
common concern of humankind principle448, 465, 474, 475
‘ecosystem’ definition850
invasive species control481
Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization 2010465
‘protected area’ definition456, 467–8
sustainable land use provisions444, 446, 448, 456
Convention on International Trade in Endangered Species of Wild Fauna and Flora 1973 (CITES)482–4, 1179
implementation1169
Convention on Persistent Organic Pollutants 2001267; see also pollution control
Convention on the Conservation of European Wildlife and Natural Habitats 1979470, 474–5, 476; see also habitats and species conservation
Convention on the Conservation of Migratory Species of Wild Animals 1979474, 477; see also habitats and species conservation
(p. 1195) Convention on the Law of the Sea 1982 (UNCLOS)168, 848, 880, 1168, 1170
common heritage of mankind principle174, 448see also marine pollution
Convention to Combat Desertification in Countries Experiencing Serious Drought and/or Desertification, Particularly in Africa 1994 (UNCCD)440, 444, 445, 456, 458
2018-30 Strategic Framework453
Global Land Outlook441, 452, 454, 458
Ordos Declaration453see also land degradation
Copenhagen Accord 2009 1175; see also Framework Convention on Climate Change 1995 (UNFCCC)
corporate environmental responsibilities:
chemicals risk management580, 584, 605, 745, 989–90; see also chemicals regulation
climate change; see also climate change policies
climate change impact reporting duties187, 550, 991; see also environmental information duties, corporate reporting
emissions reduction targets set by companies546
corporate social responsibility781–2, 992, 1141–3
eco-labelling by companies998, 1002, 1004; see also eco-labelling
under EU law550
in France187–8, 550
in Germany
corporate influence on environmental policies208
product responsibility principle204, 208, 621
human rights obligations187; see also human rights
industrial pollution, see industrial pollution control
insurance companies as environmental regulators739–40; see also environmental regulation
market mechanisms to promote, see market mechanisms
multinational companies, extraterritorial liabilities, see multinational companies, extraterritorial liabilities
OECD Guidelines for Multinational Enterprises781
packaging and plastic waste, see recycling policies, packaging and plastic waste
project finance, environmental conditionality, see project finance
self-regulation, see self-regulation
in the UK372
in the US391, 550see also liability systems
Costa Rica:
genetically modified organisms (GMOs) regulation520
wetlands protection433, 435
courts and tribunals, specialist environmental:
adjudicative models, see litigation, adjudicative models
in Australia78, 802, 805
in Canada123
in China140–1
in India (National Green Tribunal)226–30, 673–4, 800
in Indonesia, proposals for246–7, 799
in New South Wales802, 805
in New Zealand802, 804–5
rationale for790–1, 795–6, 807–8
in Sweden (Land and Environmental Court system)806–7
in the UK371
in the US (Vermont Environment Court)802, 804, 807see also litigation
Covenant on Environment and Development (draft) (IUCN)449; see also IUCN (International Union for Conservation of Nature)
criminal enforcement of environmental laws1119–20, 1128, 1136–7
in Australia78
in Belgium1130
in Brazil96–7, 100, 1130
breach of standards, criminal liability859; see also standards
in Canada124–5, 1130
conflicts between environmental law and criminal law1128–9
moral uncertainty1134–5
under EU law167–8, 1123, 1125, 1130
in France97, 179, 185–6, 188
in India222, 223, 1127–8
in Indonesia245–6
international criminal law liability
ecocide (proposed international crime)186
in France185
interpretation of offences1134–5
in Japan270–1
in Mexico293
in New Zealand1130
offences as basis of tort claims1113, 1114–16, 1114t; see also private law and the environment; tort claims
offence types
one-step offences1123–4, 1134
two-step offences1124–5
three-step offences1125
private prosecutions, Canada125–6
purposes of1121–2, 1128
as risk-based regulation1132–4; see also environmental regulation
as sanction of last resort1125–7
in Singapore306–7, 309
in South Africa1125
in South Korea347–8
as substitute for standards1127–8; see also standards
in Sweden1130
in the US97, 391, 1121, 1130see also liability systems
cultural heritage, see heritage conservation
culture, legal, see legal culture
customary international law655, 658, 662, 1166–7, 1171–2; see also international environmental law; soft law instruments
Cutter-Mackenzie, Amy964, 965
Czech Republic:
access to environmental information and justice1078
tort claims, standing1100
Daly, Erin1057, 1066
damages for environmental harm, see liability systems, compensation
damage to the environment:
concept67–8
liability for, see liability systems
deforestation:
as cause of climate change442, 447; see also climate change policies
as cause of land degradation442–3; see also land degradation
control of
in Brazil86, 93, 94, 103, 105; see also Brazil, forestry control
in Indonesia, see Indonesia, forestry control
REDD and REDD+ schemes241, 551–2, 572
in Vietnam551–2, 572
extent of
in Brazil105
in Indonesia233see also forestry control
Deketelaere, Kurt630
delegated legislation723; see also environmental regulation
Denmark:
contaminated sites remediation635
energy efficiency policies558
Environmental Protection Authority725
taxation measures916
groundwater extraction tax917
tax incentives to cut packaging158
de Sadeleer, Nicolas660
descriptive approach to comparative law10–11; see also methodologies of comparative law
desertification, see land degradation
developing countries:
climate change policies; see also climate change policies
Clean Development Mechanism571–2
exceptionalism argument573
eco-labelling, equity concerns 1019; see also eco-labelling
energy transition in556; see also energy policies, energy transition
environmental responsibilities213
farmers’ rights529; see also human rights
international law, reception and applications1175–6, 1182–2; see also international environmental law
‘land-grabbing’ in441–2; see also land degradation
patenting of GMOs, attitude towards527; see also genetically modified organisms (GMOs) regulation
direct effect of international environmental law1173–4; see also international environmental law
Directives, EU, see European Union, Directives
distribution of powers679–80, 701–2, 1084–7
administrative regulation684, 685f; see also environmental protection agencies
centralization, rationales
adaptation and transfer costs reduction696
equal living conditions and ubiquitous safety levels696–7
equal market access694–5
‘level playing field’695–6
transboundary environmental effects and goods692–4
cooperation and ‘functional steering’697–8
auxiliary and vertical coordination700–1
minimum regulation and the right to ‘gold-plating’357, 699
need for effective flanking698–9
decentralization, rationales690–2
devolved systems46, 681
climate change policies540–3; see also climate change policies
in France180–1, 681, 687
in Indonesia235–6
in Japan256, 258–9
in South Africa321–2, 325–8, 330–1
in South Korea335–6
EU environmental governance, see European Union, environmental governance role
executive competences684, 685–7
federal and unitary systems distinguished680–3, 701, 728–9
local governments and self-governing bodies687–8, 688–9
in China412
in Germany541–2, 543, 689
Global Covenant of Mayors for Energy and Climate Change779, 781, 785; see also climate change policies
integrated pollution prevention and control699–700
in the Netherlands366, 700
Tokyo’s emissions trading programme541, 547
in the UK366, 700, 729
Dominican Republic, constitutionality of international law norms1167
Earth Summit (1992)90, 444, 955
Agenda 21444, 608, 688–9, 737, 992; see also sustainable development
ecocide (proposed international crime)186; see also criminal enforcement of environmental law
eco-labelling992–3, 996–9, 1021
chemicals590; see also chemicals regulation
in China1001
climate change-related1001, 1002, 1007
content types999, 1000t
neutral labels1001
positive claims999, 1000
process claims1001–2, 1003, 1019
process/product distinction1001
warnings1000, 1016–18
effectiveness of1008
European Commission research on997–8
influence on consumer behaviour1014–16, 1017
labelling methodology1008–11
limitations998
energy efficiency549, 559, 560, 574, 997–8, 1006–7
under EU law997–8, 1000, 1001, 1005, 1007
in France188
in Germany992, 1006
Global Ecolabelling Network993
governance types 1003t, 1004
first-party and third-party labels1004–5, 1011–12
public label governance1005–8
international trade implications1007–8
life cycle analysis and costing for1009–11; see also circular economy policies
in the Netherlands1006
normative concerns
equity998–9, 1016–19
legitimacy1011–14
organic products782, 1001, 1006, 1014, 1017, 1019
in the Philippines1006
sustainable products and practices
Aquaculture Stewardship Council certification scheme736
Fairtrade scheme1005, 1017
as a form of ‘weak’ sustainability1008, 1019–20
Global GreenTag1002
Marine Stewardship Council certification and labelling scheme782–3, 784–5, 1001, 1005
ecologically sustainable development, see sustainable development
Ecuador:
constitutional rights and duties1060
Ecuador v Chevron controversy 1143; see also United States, Alien Tort Statute
education, environmental, see environmental education
Ehlers, Knut452
electrical equipment and appliances, energy efficiency policies for558–9; see also energy efficiency policies
emissions control, see air pollution; climate change policies
emissions trading547–8
in Australia74–5
in Canada118
EU and Chinese schemes compared937–9, 945–7
in France1097–8
ideal type of scheme936
in Japan269
Tokyo541, 547
in Mexico284
in New Zealand560
price management928
in China942–5
under the EU Emissions Trading Scheme939–42
(p. 1198) property rights applied to schemes1096–8; see also property rights
in South Korea335, 339, 341–2
standards, emissions trading facilitated by860; see also standards
taxation measures, relationship with923–4, 933–5; see also taxation measures
in the UK1098
endangered species protection:
in Japan261
in Mexico286
poaching, data on483
role of lists476–8, 483, 484
energy efficiency policies532, 556
in Australia559
in Bangladesh559
in Brazil560
for buildings556–8
in Canada115, 560, 576–7
in Chile559
in China136, 560–1
eco-labelling549, 559, 560, 574, 997–8, 1006–7; see also eco-labelling
effectiveness of574–5
for electrical equipment and appliances558–9
under EU law557–8, 560
in France554
in Germany200, 576
in India535, 560
in Japan558, 560
in Mexico560
in the Netherlands561, 576
in Norway561, 576
in Singapore300, 309–10, 560
in South Africa558
in South Korea560
standards557, 558–9, 574–5
in the US558, 560–1
energy policies555
in Chile428, 559, 563, 566
energy efficiency, see energy efficiency policies
energy transition; see also climate change policies
approaches in developed and developing countries compared556
in Australia, see Australia, energy policies
in France554
in Germany (Energiewende), see Germany, energy policies
regulatory approaches554–5
in South Africa, see South Africa, energy policies
in South Korea, see South Korea, energy policies
fossil fuels565–8, 576
subsidies and tax incentives549, 568–9; see also market mechanisms
in Norway561, 565, 576
nuclear energy, see nuclear energy
transferability of576–7; see also transplantations of environmental law
unconventional oil and gas development
bans856–7
in Brazil86
Centre for Sustainable Shale Development782, 785
licensing regimes856
in Spain856–7
standards for856–7; see also standards
enforcement of environmental laws, see environmental regulation
environmental courts and tribunals, see courts and tribunals, specialist environmental
environmental damage:
concept67–8
liability for, see liability systems
environmental education970
concept954
education for sustainable development956; see also sustainable development
Australian national action plan963–4; see also Australia, environmental education
neoliberal foundation critique956–8
SDG 4.7: environmental education 957; see also United Nations, Sustainable Development Goals (SDGs)
(p. 1199) UN Decade for Education for Sustainable Development955, 956, 963
legal culture influence50–1; see also legal culture
‘mapping’ the approaches958, 959t, 959–60, 961t; see also ‘mapping’ environmental law
UNESCO initiatives952, 953t, 954
Tbilisi Declaration on Environmental Education (1977)50–1, 954
environmental governance, distribution of powers, see distribution of powers
environmental harm:
concept67–8
liability for, see liability systems
environmental impact assessments (EIAs)876–8, 899
in Australia76, 883, 886, 893–4, 895, 897
in Brazil92–3
climate change impacts889–90
in France172
in Japan268–9
judicial review of896–7; see also judicial review
in New South Wales76
origins and global spread of878–81, 895–6
Espoo Convention on Environmental Impact Assessment in a Transboundary Context 1991880, 891–2, 895
as legal transplants15, 42–3, 895–6; see also transplantations of environmental law
UN EIA guidelines879, 887
World Bank EIA policies879, 885, 886, 897–8
procedures880–1
applications883–5
decisions892–4
follow-up and monitoring894–5
public participation116, 890–2
scoping887–90
screening885–7
in Russia881, 885, 888, 890–1, 893, 896, 898
in Singapore313–14
social, human rights and sustainability impacts included885
in South Africa889
in South Korea339
strategic environmental assessments156, 884–5
theoretical approaches881–3
by third party surrogate regulators741–2; see also environmental regulation
environmental information duties:
audits
auditors as environmental regulators740; see also environmental regulation
in Australian Capital Territory76
in New South Wales740
on climate change impacts187, 549–50; see also climate change policies
corporate reporting; see also corporate environmental responsibilities
in China990
on climate change impacts187, 550, 991
eco-labelling998, 1002, 1004; see also eco-labelling
under EU law550
in France187, 550
G20’s Financial Stability Board’s recommendations550
in Indonesia990
state-mandated duties988–91
in the UK991
in the US550, 989
voluntary disclosure991–3
eco-labelling, see eco-labelling
environmental education, see environmental education
under EU law155–6, 166
freedom of information duties of governments977–8
governance challenges975–7
in Mexico288–9
purposes served by973–4
environmental justice:
concept1064–5, 1068–9
court rules, role of733
under EU law155–6, 406
for future generations, see intergenerational equity principle
for indigenous peoples, see indigenous peoples’ rights and interests
litigation, see litigation
in Mexico289–90
rule of law, see rule of law
in South Africa319, 324–5
in the UK, barriers368–70
(p. 1200) environmental law:
alternative terminology4
comparative studies of, see comparative environmental law
concept4, 7–8
‘environment’ definition634
constitutionality of, see constitutionality of environmental law
regulation, see environmental regulation
as a single overall technology7–8, 29, 30f; see also ‘mapping’ environmental law
transnational environmental law concept 1053; see also transboundary effects of environmental harm
environmental liability systems, see liability systems
environmental litigation, see litigation
environmental permits and licences, see permits and licences
environmental planning:
in Canada818, 822, 823, 827
in China820, 821, 822, 823–4, 827–8, 830–1, 832
environmental plans
concept815–16
coverage824–8
evolution of816–20, 832
formulation of822–4
implementation techniques828–31
legal effects of831–2
theory of820–1
under EU law816–17, 826, 831
in France817–18, 819–20, 822, 824–5, 828
in Japan819, 821, 822, 827, 831–2
in the Netherlands817, 822, 824, 829
protected areas, management plans842; see also protected areas
in South Korea822
in Sweden817, 819, 825, 831
in the UK818, 819, 822, 829, 831
environmental protection agencies:
administrative discretion of1083–4
discretionary criminal enforcement1125–7; see also criminal enforcement of environmental laws
administrative regulation powers684, 685f, 1082–3
in Australia77–8, 722, 726, 727–8
in Brazil99–100, 728
in Canada123–4
in China134, 137–8, 410–11, 727
delegated legislative powers723
in Denmark725
duty to explain decision-making762
European Environment Agency150, 163, 402, 751
in France181
in Germany196
in India221–3, 726, 728
liability rules enforcement1040–1, 1088; see also liability systems
in Mexico278, 291
models
concentrated versus devolved systems728–9
integrated versus functional agencies727–8
single versus multiple agencies725–7
in New South Wales726, 727–8
in the Philippines728
rules designed to be enforced by46
scientific evidence, uses of, see scientific evidence for environmental governance
in Singapore310–11, 725, 729
‘super-agencies,’ list of725
environmental regulation746–7
command and control regulation, see command and control regulation
concept27–8, 533, 720–1
delegated legislation723
distribution of regulatory powers, see distribution of powers
environmental planning, see environmental planning
fault-based liability, relationship with1041–2; see also liability systems, fault-based liability
human and constitutional rights restrictions1079–80; see also constitutionality of environmental law; human rights
instruments
liability rules, see liability systems
market mechanisms, see market mechanisms
permits and licences, see permits and licences
standards, see standards
legal culture influence, see legal culture, for environmental governance
litigation, see litigation
market failures justifying584, 589, 926–7
regulatory actors
accreditation assessors and certifiers740–2
courts and tribunals, see litigation
environmental protection agencies, see environmental protection agencies
external environmental auditors740
fourth/integrity branch of government733–5
insurance companies739–40
international organizations, see international organizations
(p. 1201) judicially established regulatory bodies732–3
legislatures722–4, 1074–5
standards organizations721, 736–7, 742, 772–3, 784
third party surrogate regulators, rationale for738–9
regulatory capacity, see distribution of powers
risk-based regulation1132–4
scientific evidence, uses of, see scientific evidence for environmental governance
self-regulation, see self-regulation
environmental standards, see standards
environmental stewardship duty, see stewardship duty
environmental taxation, see taxation measures
Equator Principles for managing environmental and social risk in project finance transactions783, 880; see also project finance
Espoo Convention on Environmental Impact Assessment in a Transboundary Context 1991880, 891–2, 895; see also environmental impact assessments (EIAs)
European Environment Agency150, 163, 402, 751; see also environmental protection agencies; European Union
European Union:
access to environmental information and justice164, 1087
Court of Justice, rules of standing406, 803
freedom of information978
air pollution control162–3, 402–6, 698, 867
regime compared with US and Chinese approaches413–16
case law167–9, 471
Charter of Fundamental Rights of the European Union 20001055
chemicals regulation (REACH regime)159, 582, 594
authorization process596–8
evaluation process596
informational requirements589–90, 591, 595
prioritization586
registration requirements594–6
restriction programme598
risk assessment587–8
as a transnational network780; see also transnational networks
climate change policies161–2, 406, 544, 550, 1085
Emissions Trading Scheme, see European Union, Emissions Trading Scheme
energy transition, see European Union, energy policies
fluorinated gases control553
methane emissions from solid waste552
vehicle emissions controls403–4
Common Fisheries Policy496, 497–9, 502–3, 506
compared with Japanese and New Zealand fisheries policies505–7, 508
comparative law, forms of influence; see also comparative environmental law
EU law development, foreign law influence on150, 157, 166–9, 198, 199, 621
EU law influence in the UK after Brexit372–3, 776, 853
EU law’s indirect influence on Member States163
EU principles as legal catalysts670–2
Directives43
Ambient Air Quality and Cleaner Air for Europe (CAFE) Directive (2008/50/EC)162, 360, 404, 405, 698, 868
Energy Efficiency Directive (2012/27/EU)557–8
Energy Performance and Buildings Directive (2010/31/EU)557–8
Environmental Impact Assessment Directive (2011/92/EU)156, 879–80
Environmental Liability Directive (2004/35/EC)154, 156–7, 205, 848, 1040–1, 1095
Framework Directives154
Freedom of Access to Environmental Information Directive (90/313/EEC)978
Habitats Directive (92/43/EEC), see Habitats Directive (92/43/EEC)
Industrial Emissions Directive (2010/75/EU)163, 402–3, 863
Integrated Pollution Prevention and Control (IPPC) Directive (96/61/EC)198–9, 207, 359, 402
Marine Strategy Framework Directive (2008/56/EC)505–6, 870–1
National Emission Ceilings Directive (NECD) (2001/81/EC)404, 405
Packaging and Plastic Waste Directive (94/62/EC)158, 204, 616–17, 621
Plastic Bag Directive (2015/720/EU)916
Strategic Environmental Assessment Directive (2001/42/EC)884–5
Waste Framework Directive (2008/98/EC), see European Union, waste management
Water Framework Directive (2000/60/EC)159–60, 207, 421, 423, 698, 870, 873
Wild Birds Directive (2009/147/EC)160–1, 471, 475, 476
Emissions Trading Scheme161, 415, 547, 1085, 1096–7
(p. 1202) allowances as ‘goods,’ Member State divergences1097–8
aviation industry, extension to162, 403–4, 573
compared with proposed Chinese schemes937–9, 945–7; see also China, emissions trading schemes (proposed)
distinguished from a tax system934
as a global model935
objectives, controversy over937
price management939–42
energy policies
energy efficiency557–8, 560
renewable energy162, 552
environmental governance role; see also distribution of powers
competence1085
‘gold-plating’ right of Member States699
integrated pollution prevention and control700
rationales for694, 695, 696
environmental impact assessments879–80, 886, 889, 890, 897, 1087
strategic environmental assessments156, 884–5
environmental law
comparative law, influence on150, 157, 166–9; see also European Union, comparative law, forms of influence
competence1085
development of151–3, 398, 402, 404–5
Environment Action Programme816–17, 826, 831
European Pollutant Release and Transfer Register (E-PRTR)990
genetically modified organisms (GMOs) regulation
disputes with the US over516–17, 523–4
labelling of GMOs522
patenting of GMOs528
risk assessment approach513, 521
risk regulation approach516
habitats and species conservation160–1, 167, 168, 434, 462–3, 471–2
invasive species control480
marine biodiversity and fish stocks467, 505–6, 870–1; see also European Union, Common Fisheries Policy
Natura 2000 programme457, 463
protected areas, management agreements with private landowners711–12
Sites of Special Scientific Interest841
Special Areas of Conservation471–2, 840
wildlife corridors and buffer zones472–3
wild species475, 476
implementation and enforcement framework150–1, 163–4
Court of Justice’s role164–6, 406, 415, 670–2, 799, 800–3, 805–6
criminal enforcement167–8, 1123, 1125, 1130
eco-labelling997–8, 1000, 1001, 1005, 1007
environmental impact assessments, see European Union, environmental impact assessments
environmental planning816–17, 826, 831
European Chemicals Agency159
European Commission’s role and competence164, 401–2, 406, 413, 502, 698, 778–9
European Environment Agency150, 163, 402, 751
European Food Safety Authority756–7
liability system, see European Union, liability system
by Member States406
taxation measures908, 910, 922
industrial pollution control163, 198–9, 203, 207, 359, 402–3
judicial review, doctrine informed by precautionary principle671–2
liability system156–7
administrative enforcement1040–1
product liability1032, 1103
principles of environmental law
access to environmental information and justice, see European Union, access to environmental information and justice
influence of Rio Declaration 1992658; see also Rio Declaration on Environment and Development 1992
integration principle154, 172
as legal catalysts670–2
polluter-pays154, 906
precautionary principle154–5, 169, 513, 671
prevention principle617
subsidiarity principle691, 729
private international law applied to multinational companies
applicable law1153–8
jurisdiction, general rule1148–52
jurisdiction, special rules1152–3
soil conservation449
standards197, 609, 613, 699–700
best available technique (BAT) standards163, 199, 202, 359, 403, 446, 618–19
good environmental status870–1
as a transnational network770, 775, 777–9, 780, 785, 787; see also transnational networks
waste management157–9, 608–9, 609–10, 611, 612, 616
circular economy policies159, 623–4
(p. 1203) deposit of controlled waste offence1123
extended producer responsibility principle621
hazardous waste616, 619, 620, 621
packaging and plastic waste158, 204, 616–17
recycling policies204, 613–14
solid waste552, 610
treatment near source/proximity principle618
‘waste’ definition157, 613–14
waste hierarchy157–8, 615, 617
waste prevention principle617, 618
water pollution control159–60, 421, 698, 870
‘good ecological status’ objective423–4
river basin management873
eutrophication:
Gothenburg Protocol on Acidification, Eutrophication and Ground-level Ozone 1999405; see also LRTAP Convention (Geneva Convention on Long-Range Transboundary Air Pollution 1979)
water pollution control to prevent424; see also water pollution control
Evans, Robert763
evolutionary approach to comparative law10–11; see also methodologies of comparative law
extended producer responsibility principle, waste management law609, 620–3, 625; see also polluter-pays principle; waste management, principles
factual approach to comparative law13–14; see also methodologies of comparative law
fair balance41
Faure, Michael1123, 1124, 1133
feed-in tariffs for renewable energy117–18, 561, 562, 578; see also renewable energy policies
Fiji, climate change policies534
finance, see project finance
Findley, Roger W.106–7
Finland:
access to environmental information and justice1078
contaminated sites remediation636
duty to protect the environment principle168
litigation799
national parks471
water resources governance419
Fisher, Elizabeth C.38, 44, 54
fish stocks conservation, see marine biodiversity and fish stocks
flood mitigation549, 739–40; see also climate change policies
flora and fauna, species protection, see endangered species protection; habitats and species conservation
Florida, climate change policies540; see also United States, climate change policies
fluorinated gases control553–4, 572–3; see also climate change policies
food, see agriculture
forestry control:
Białowieża Forest case (European Commission v Poland (C-441/17))168–9
certification and labelling schemes782–3; see also eco-labelling
Forest Stewardship Council737, 782, 784, 785, 1001
Rainforest Alliance783, 1005
deforestation regulation, see deforestation
FLEGT Facility779
Framework Convention on the Protection and Sustainable Development of the Carpathians 2003471
in India216, 219
in Indonesia, see Indonesia, forestry control
in Peru548–9
in protected areas845; see also protected areas
Statement of Forest Principles 1992 (UN)443, 444
subsidies and tax incentives548–9
in Tasmania71
forum shopping1140
fossil fuels use, see energy policies, fossil fuels
Framework Convention on Climate Change 1995 (UNFCCC)773, 1179–80
common concern of humankind principle448
Copenhagen Accord 20091175
Paris Agreement 2015, see Paris Agreement on Climate Change 2015
on the precautionary principle660; see also precautionary principle
sustainable land use provisions444, 446–8, 456; see also land degradation, remediation policies
as a transnational network774; see also transnational networks, climate change policies
(p. 1204) France172
air pollution control178
circular economy policies179
climate change policies178–9, 550
emissions trading1097–8
energy transition554, 565
financial support to Tétouan Wind Farm Project, Morocco571–2
constitutional structure of environmental governance
constitutional rights and duties173–4, 1175
development of176
devolution of powers180–1, 681, 687
contaminated sites remediation187, 638
energy policies
energy transition554, 565
nuclear energy569–70
unconventional oil and gas development856–7
environmental law
development and codification173, 176
future developments188
integration of international and EU environmental law174–6, 1175
genetically modified organisms (GMOs) regulation182
habitats and species conservation177
hazardous waste control183
implementation and enforcement framework
challenges affecting182–8
coordination of public and private laws, need for180
corporate liability187–8
criminal enforcement97, 179, 185–6, 188
eco-labelling188
environmental impact assessments172
environmental planning817–18, 819–20, 822, 824–5, 828
environmental protection agencies181
liability system, see France, liability system
litigation, see France, litigation
private law instruments179
self-regulation179
taxation measures916
industrial pollution control179, 185
liability system183–5
strict liability1031, 1099, 1103
litigation
class actions181–2, 187
judicial review181
private international law1149
public interest litigation184–5
tort claims182–3, 188, 1035, 1036, 1100, 1107, 1116
marine pollution control (Erika oil spill case (Cour de cassation))175, 183, 188
noise pollution control916
principles of environmental law173–5, 181
common heritage of the nation177
influence of Rio Declaration 1992657–8; see also Rio Declaration on Environment and Development 1992
non-regression174–5
participation principle659
precautionary principle175, 182–3
prevention principle173
remediation of environmental harm183–5
water resources governance430
Fukushima nuclear accident, Japan (2001), nuclear phase-outs following275–6, 554–5, 566; see also nuclear energy
functionalism12–13
bottom-up functionalism18–19
framework proposed by Nicholas Robinson21–3
top-down functionalism19–21see also methodologies of comparative law
fundamental rights, see human rights
future generations, environmental rights and interests, see intergenerational equity principle
Gardner, John1134–5
Gellers, Joshua C.1055–6, 1057
genetically modified organisms (GMOs) regulation510–11, 529–30
in Argentina514, 523
in Australia514, 523
in Brazil517–18, 521, 523
in Canada514, 523
in China518–19, 521
consequences of diverging regulatory approaches514–15, 523–4