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.
Notes on the Contributors ix
Preface xv
List of Abbreviations xvii
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
Questions and activities 434
Part Seven The Regulation Of Chemicals And Laboratory Safety 437
20 The Regulation of Nanotechnologies 439
Sekai Ngarize, Karen E. Makuch and Ricardo Pereira
21 Environmental Law Standards and Principles of Good Laboratory Practice for Environmental Protection 465
Elizabeth Prichard and Karen E. Makuch
Questions and activities 487
Part Eight Governance, Impact Assessment, Compliance And Enforcement in Environmental Law 489
22 Planning, Strategic Environmental Assessment (SEA) and Environmental Impact Assessment (EIA) 491
Martin Birt and Steven Smith
23 Regulating Environmental Information and Environmental Data 508
Karen E. Makuch
24 Corporate Disclosure and Environmental Sustainability in Comparative Law 534
Nikzad Oraee-Mirzamani and Zen Makuch
25 Compliance and Enforcement in International, European and National Environmental Law 561
Ricardo Pereira
Questions and activities 577
Part Nine Case Studies On Environmental Law Implementation 579
26 Case Studies 581
Karen E. Makuch
Questions and activities 590
Index 591
