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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 Editors ix
The Contributors ix
1 Introduction 3
2 Sustainable Development and Best Available Techniques in International and European Law 37
3 Environmental Regulation, Business Competitiveness and Corporate Responsibility 61
4 A Legal Framework for Clean Technology Transfer and Finance 75
5 Technology Innovation and the Law – the Example of Climate Adaptation Technologies 92
6 Sustainable Energy Law and Policy 119
7 International and EU Climate Change Law 141
8 UK Climate Change Law and Policy 172
9 The Exploration and Exploitation of Energy Resources in International Law 199
10 Occupational Health and Safety Law: the Oil and Gas Industry 225
11 Energy Agreements – Force Majeure and Hardship Clauses 240
12 Carbon Capture and Storage Technologies – An Overview and Some Key Issues 257
13 Carbon Capture and Storage Liability 270
14 The Clean Development Mechanism – Legal and Contractual Framework in CDM Renewable Energy Projects 288
15 Solid Waste Management and Regulation 315
16 Water Management and Regulation 347
17 Integrated Pollution and Control – the Industrial Emissions Directive 368
18 The Law and Practice of Air Quality Management 393
19 Contaminated Land and Regulation 418
20 The Regulation of Nanotechnologies 437
21 Environmental Law Standards and Principles of Good Laboratory Practice for Environmental Protection 463
22 Planning, Strategic Environmental Assessment (SEA) and Environmental Impact Assessment (EIA) 489
23 Regulating Environmental Information and Environmental Data 506
24 Corporate Law and the Aarhus Convention 532
25 Compliance and Enforcement in International, European and National Environmental Law 559
26 Case Studies 579
Index 589
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.
