P. Sands – Documents in European Community Environmental Law

Автор: P. Sands
Название книги: Documents in European Community Environmental Law
Формат: PDF
Жанр: История Европы
Страницы: 989
Качество: Изначально компьютерное, E-book

This is the companion volume to the second edition of Philippe Sands’ Principles of International Environmental Law and Sands and Galizzi’s Documents in International Environmental Law. It comprises extracts from essential EC Treaties, Regulations, Directives, Decisions and other Acts of EC institutions. EC environmental legislation represents one of the most complex and challenging legal regimes for the protection of the environment. The significant body of legislation which now exists has given rise to numerous disputes over its application and interpretation. This collection brings together the principal documents in an accessible form, providing practitioners, scholars and students with the essentials necessary to understand, advise upon and apply this body of law. Concise editorial notes summarise the main provisions of the instruments reproduced and place them in their wider context.

The protection of the environment is arguably one of themost successful policies in the
European integration project.When originally conceived, the instrument establishing
the European Economic Community included no specific provision on the environment.
However, this did not prevent the Community’s institutions from adopting
environmental legislation as early as the 1970s. The original Treaty of Rome has been
amended several times since its adoption and the protection of the environment is
now one of the key policies of the European Community.
EC environmental legislation has grown over the years and now represents one of
the most complex and challenging legal regimes for the protection of the environment.
The significant body of legislation which now exists has given rise to numerous
disputes over its application and interpretation.
This collection of documents in EC environmental law comprises extracts from
those EC Treaties, Regulations, Directives, Decisions and other acts of EC institutions
which are essential for anyone interested in environmental protection in the law of the
Member States and at the EC and international levels. This collection aims to provide
practitioners, scholars and studentswith the essentials necessary to understand, advise
upon and apply this body of law. The main objective of the volume is to bring together
the principal documents in an accessible form that provides the reader with the key
information on the relevant areas of law. This book also serves as a companion to the
second edition of Philippe Sands’ textbook Principles of International Environmental
Law (2nd edition, 2003, Cambridge University Press) and to Sands and Galizzi’s
Documents in International Environmental Law (2nd edition, 2004, Cambridge
University Press).
This volume builds on a previous edition published in 1995 by Manchester
University Press and edited by Philippe Sands and Richard Tarasofsky. Since then,
the EC Treaty has been fundamentally amended on several occasions and numerous
pieces of new legislation have been adopted. This volume represents an up-to-date
collection of the most important documents in EC environmental law and, like its
predecessor, aims to make easily accessible the text and key information on the documents
reproduced. The documents reproduced in this volume are available on the
web, but we nevertheless consider that advantages may be obtained in reproducing
them in a single volume. Books can follow us around. Over time we can highlight key
provisions, insert notes, and compare texts wherever we are and as much as we like. The success and demand for similar volumes in other fields testifies that books still
have a fundamental role to play in the internet era.
This volume does not purport to be comprehensive and the documents selected
are those that we felt are of more general interest and that we use more frequently in
our courses on EC environmental law and in our professional life. Making a selection
of the documents to be included did require some difficult choices, but this
was necessary to produce a volume that we hope will be easily manageable, suitable
and accessible to a wide audience.1 The documents that have been included reflect
a wide spectrum of approaches taken in the development of EC environmental law.
They address each of the main environmental media and sectors (air, water, flora
and fauna) and particular sources of pollution (hazardous substances and wastes),
some of the rules governing the economic aspects of the Community legal order and
some of the emerging techniques for applying environmental standards (for example,
environmental impact assessment, access to environmental information). Each
document is presented according to the same format and is introduced with a short
EditorialNote, which summarises themain provisions of the instrument and places it
in its wider context. The legal status of the legislative acts, including amendments, is
generally current to December 2004. If available, consolidated versions of documents
have been provided.2 In other cases, the original text of a document and the text of
amendments have been reproduced. For most of the documents, the entirety of the
text is provided. In some cases, however, we have provided only those extracts of
instruments which relate specifically to environmental matters (e.g. the EC Treaty as
amended) or we have omitted annexes or appendices which include detailed technical
arrangements of less interest to the general reader or which do not relate expressly to
environmental issues.