Environmental and Energy Law, ISBN-13: 978-1405177870

Environmental and Energy Law, ISBN-13: 978-1405177870
[PDF eBook eTextbook]

676 pages
Publisher: Wiley-Blackwell; 1 edition (October 1, 2012)
Language: English
ISBN-13: 978-1405177870

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 and 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.

About the Author

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.

Table of contents

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 Competitiveness and Corporate Responsibility 61
Ricardo Pereira

4 A Legal Framework for Clean Technology Transfer and Finance 75
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 LAW 117

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 RESOURCES 197

9 The Exploration and Exploitation of Energy Resources in International Law 199
Ricardo Pereira

10 Occupational Health and Safety Law: the Oil and Gas Industry 225
John Paterson

11 Energy Agreements – Force Majeure and Hardship Clauses 240
Isabelle Fellrath and Frank Spoorenberg

Questions and activities 253

PART FIVE CLEAN TECHNOLOGIES AND THE CLEAN DEVELOPMENT MECHANISM 255

12 Carbon Capture and Storage Technologies – An Overview and 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 POLLUTION CONTROL 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 MacLean

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 SAFETY 435

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 AND ENFORCEMENT 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 Data 506
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 IMPLEMENTATION 577

26 Case Studies 579
Karen E. Makuch

Index 589

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