EU Environmental Law, International Environmental Law, and Human Rights Law : The Case of Environmental Responsibility.

Intro -- Contents -- Acknowledgments -- Executive Summary -- Chapter 1 Introduction. Methodology, Terminology, Basic Concepts and Tensions -- 1.1 What: Subject, Questions, Thesis and Hypothesis -- 1.2 How: The Comparative Approach Applied in the Book. A Particular Focus on the Human Rights Approach -- 1.3 Introduction to Environmental Responsibility -- 1.4 Foundational Difficulties Encountered by the EU Legislator that are Addressed in the Book -- Chapter 2 International Environmental Law and Human Rights Partially Conflict but Mainly Confirm the Anthropocentric Conceptions of the Directives -- 2.1 Gaps in the Directives: Definition of Damage and Harm. The Anthropocentric and Regulatory Approaches -- 2.2 Gaps in the Directives: The Grounds for Responsibility. Limits of the Public and Regulatory Approach -- 2.3 International Environmental Law Partially Conflicts with the Directives: Natural Resources vs. Biodiversity -- 2.4 International Environmental Law and Human Rights Confirm the Directives through Policy Diffusion: Damage and Harm to Natural Resources -- 2.5 Conclusion -- Chapter 3 Conflict with Human Rights: Deference to the International Civil Liability Frameworks that Applies to Oil Spills in Directive 2004/35 -- 3.1 Limited Scope of Application of the Directive: The Exclusions of Responsibility Mechanisms -- 3.2 Deference to International Law Conflicts with Human Rights: The Case of the Exclusion of Oil-spill Damage -- 3.3 Conclusion -- Chapter 4 Human Rights and Procedural Limitations in the Directives: Complement and Conflict -- 4.1 Gaps in the Directives that have a Procedural Dimension -- 4.2 Impartiality and Independence Requirements and the Discretion of Public Authorities: A Complement Case.

4.3 The Obligation to Guarantee Access to Environmental Information on Risk and the Boundaries of the Development Risk Defence: A Complement Case -- 4.4 Access to Justice and Prescription: A Conflict Case -- 4.5 Conclusion -- Chapter 5 Conclusions -- 5.1 The First Hypothesis is Verified: Gaps in Directives 2004/35 and 2008/99 -- 5.2 The Second Hypothesis is Partially Verified: International Environmental Law and Council of Europe Human Rights Law as Limited Gaps-fillers. In between Complement, Confirmation and Conflict -- 5.3 The Thesis is Not Verified: The Comparative Approach does not Help to Depart from the Cost-allocation Paradigm -- 5.4 Taking Stock of the Results -- Annex-Summary of the Findings: Complement, Confirmation and Conflict -- Bibliography -- Academic Works -- Case Law (Chronological Order) -- Legal Texts (Chronological Order) -- Reports and Press Releases (Chronological Order) -- Index.

EU Environmental Law, International Environmental Law, and Human Rights Law: The Case of Environmental Responsibility offers a critical appraisal of EU environmental responsibility law and the input of a rights-based approach and international environmental law.

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Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2024. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries.