Environmental Rights in Europe and Beyond

ISBN-13: 9781509911110 / Angielski / Twarda / 2018 / 320 str.

Sanja Bogojevic; Rosemary Rayfuse

Opis

Global resources and the environment are under great pressure. This is giving rise to an environmental rights revolution, which puts the environmental law in the centre of current rights debates. This important collection tracks this and identifies 3 emerging resulting trends. Firstly, there is an increase in the constitutionalising of rights of nature; ie enshrining positive environmental rights. Secondly, participatory rights are on the rise, broadening the range of actors that might rely on environmental law. And finally, marketable rights to promote efficient use of natural resources are being applied. The collection brings together key experts to explore these trends from the national, European and international perspective.

Spis treści

Part I: Environmental Rights: Hopes, Fears and Realities 1. Environmental Rights in Europe and Beyond: Setting the Scene Sanja Bogojevic and Rosemary Rayfuse 2. Pitfalls in Promoting Environmental Rights Colin T Reid 3. Environmental Rights in Marine Spaces Richard Barnes Part II: What Kinds of Environmental Rights in the EU Context? 4. Substantive Environmental Rights in the EU: Doomed to Disappoint? Chris Hilson 5. Environmental (Property) Rights in Market-based Management Sanja Bogojevic 6. Environmental Rights and Principles: Investigating Article 37 of the EU Charter of Fundamental Rights Eloise Scotford 7. Article 11 TFEU and Environmental Rights Julian Nowag Part III: Courts and Environmental Rights 8. Green Courts as the Providers of Environmental Rights? The Case of the Swedish Land and Environment Courts Anders Bengtsson 9. EU Environmental Rights as Human Rights: Some Methodological Difficulties Facing European Courts 1 Eduardo Gill-Pedro Part IV: Whose Environmental Rights? 10. The Rights of Environmental Investors: The Case of Renewable Energy Anatole Boute 11. Pulling the Trigger: ENGO Standing Rights and the Enforcement of Environmental Obligations in EU Law Jan Darpö