Despite bringing prosperity, industrialisation generally leads to
increasing levels of pollution which has a detrimental impact on
the environment. In response, legislation which seeks to control or
prevent such impact has become common. Similarly, climate
change and energy security have become major drivers for the
regulatory regimes that have emerged in the energy field. Given the
global or regional scope of many environmental problems,
international cooperation is often necessary to ensure such
legislation is effective. The EU and the UK have contributed to the
development of the environmental and energy law regimes
currently in force, spanning across international, transnational
and national levels. At the same time, practical responses to
environmental and energy problems have largely been the focus of
engineers, scientists and other technical experts.
Environmental & Energy Law attempts to bridge the
knowledge gap between legal developments designed to achieve
environmental and/or energy-related objectives and the practical,
scientific and technical considerations applicable to the same
environmental problems. In particular, it attempts to convey a
broad range of topical issues in environmental and energy law, from
climate and energy regulation, technology innovation and transfer,
to pollution control, environmental governance and enforcement. In
addition the book outlines key sector specific legal regimes
(including water, waste and air quality management), focusing on
issues or topics that are particularly relevant to both
environmental and energy lawyers, and engineering, science and
technology-oriented professionals and students. In this vein,
the book guides the reader on some basic practical applications of
the law within scientific, engineering and other practical
settings.
The book will be useful to all those working or studying in the
environmental or energy arena, including law students, legal
professionals, engineering and science students and professionals.
By adopting a multi-disciplinary approach to environmental and
energy law, the book embraces all readerships and helps to address
the often thorny problem of communication between scientists,
engineers, lawyers and policy-makers.
Inhoudsopgave
About the Editors ix
The Contributors ix
PART ONE INTRODUCTION 1
1 Introduction 3
Karen E. Makuch and Ricardo Pereira
Questions and activities 32
PART TWO INNOVATION, SUSTAINABILITY AND THE LAW 35
2 Sustainable Development and Best Available Techniques in International and European Law 37
Panos Merkouris
3 Environmental Regulation, Business Competitivenessand Corporate Responsibility 61
Ricardo Pereira
4 A Legal Framework for Clean Technology Transfer and Finance75
Helena Wright and Ricardo Pereira
5 Technology Innovation and the Law – the Example of Climate Adaptation Technologies 92
Katrin Glatzel, Helena Wright, and Zen Makuch
Questions and activities 115
PART THREE SUSTAINABLE ENERGY AND CLIMATE CHANGE LAW117
6 Sustainable Energy Law and Policy 119
Matthew Leach and Sandip Deshmukh
7 International and EU Climate Change Law 141
Ricardo Pereira and Charlotte Jourdain
8 UK Climate Change Law and Policy 172
Karen E. Makuch, Zen Makuch, Ricardo Pereira, and Charlotte Jourdain
Questions and activities 193
PART FOUR EXPLORATION AND EXPLOITATION OF ENERGY RESOURCES197
9 The Exploration and Exploitation of Energy Resources in International Law 199
Ricardo Pereira
10 Occupational Health and Safety Law: the Oil and Gas Industry225
John Paterson
11 Energy Agreements – Force Majeure and Hardship Clauses240
Isabelle Fellrath and Frank Spoorenberg
Questions and activities 253
PART FIVE CLEAN TECHNOLOGIES AND THE CLEAN DEVELOPMENTMECHANISM 255
12 Carbon Capture and Storage Technologies – An Overviewand Some Key Issues 257
Tim Cockerill
13 Carbon Capture and Storage Liability 270
Zen A. Makuch, Slavina Z. Georgieva and Behdeen Oraee-Mirzamani
14 The Clean Development Mechanism – Legal and Contractual Framework in CDM Renewable Energy Projects 288
Kenneth Aidelojie, Chuan Tze-Teo, Zen Makuch and Ricardo Pereira
Questions and activities 311
PART SIX WASTE, WATER, AIR QUALITY MANAGEMENT AND POLLUTIONCONTROL 313
15 Solid Waste Management and Regulation 315
Arturo Castillo-Castillo
16 Water Management and Regulation 347
Dieudonne-Guy Ohandja and Alexandra Collins
17 Integrated Pollution and Control – the Industrial Emissions Directive 368
Iain Mac Lean
18 The Law and Practice of Air Quality Management 393
Zen Makuch and Marilena Karyampa
19 Contaminated Land and Regulation 418
Owen Lewis
PART SEVEN THE REGULATION OF CHEMICALS AND LABORATORY SAFETY435
20 The Regulation of Nanotechnologies 437
Sekai Ngarize, Karen Makuch and Ricardo Pereira
21 Environmental Law Standards and Principles of Good Laboratory Practice for Environmental Protection 463
Elizabeth Prichard and Karen Makuch
Questions and activities 483
PART EIGHT GOVERNANCE, IMPACT ASSESSMENT, COMPLIANCE ANDENFORCEMENT IN ENVIRONMENTAL LAW 487
22 Planning, Strategic Environmental Assessment (SEA) and Environmental Impact Assessment (EIA) 489
Martin Birt and Steven Smith
23 Regulating Environmental Information and Environmental Data506
Karen E. Makuch
24 Corporate Law and the Aarhus Convention 532
Nikzad Oraee-Mirzamani and Zen Makuch
25 Compliance and Enforcement in International, European and National Environmental Law 559
Ricardo Pereira
Questions and activities 575
PART NINE CASE STUDIES ON ENVIRONMENTAL LAW IMPLEMENTATION577
26 Case Studies 579
Karen E. Makuch
Index 589
Over de auteur
Karen E. Makuch is lecturer in environmental law and energy
law in the Centre for Environmental Policy at Imperial College
London, where she teaches postgraduate courses on Environmental
Analysis & Assessment, Pollution Management and Global
Environmental Change & Policy. She has a wide-range of
experience in the practical application of EU Environmental Law and
its implementation, including in new and potential EU Member
States.
Ricardo Pereira (LLM, Ph.D.) is Lecturer in Environmental
& Energy Law in the Centre for Environmental Policy, Imperial
College London. He also convenes and lectures in the LLM in
Environmental Law in the Law School at Queen Mary, University of
London, on International Natural Resources Law and the
International Law of the Sea.
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