Public Environmental Law in Europe: a Comparative Search for a Ius Commune

Michiel A. Heldeweg, Rene J.G.H. Seerden, Kurt R. Deketelaere

Research output: Contribution to journalArticleAcademicpeer-review

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Abstract

The evolution towards a ius commune in environmental law, especially within Europe, is the main subject of this article. It aims to present some of the main environmental issues, such as: general legal foundations, main legal instruments, procedural rules of implementation and rules of enforcement. Each issue is discussed from the viewpoint of developments within EC member states, the EC and, as a point of ``external reference'', the USA. As the features of the present day systems of Environmental law are compared, not only do we find a greater coherence but also a linkage with the concept and principles of good governance. Maybe environmental law in the legal orders concerned has reached a stage at which unification is of less importance than allowing for differences and learning from them.
Original languageUndefined
Pages (from-to)78-89
Number of pages12
JournalEuropean environmental law review
Volume13
Issue number3
Publication statusPublished - 2004

Keywords

  • IR-86654
  • METIS-223523

Cite this

Heldeweg, Michiel A. ; Seerden, Rene J.G.H. ; Deketelaere, Kurt R. / Public Environmental Law in Europe: a Comparative Search for a Ius Commune. In: European environmental law review. 2004 ; Vol. 13, No. 3. pp. 78-89.
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Public Environmental Law in Europe: a Comparative Search for a Ius Commune. / Heldeweg, Michiel A.; Seerden, Rene J.G.H.; Deketelaere, Kurt R.

In: European environmental law review, Vol. 13, No. 3, 2004, p. 78-89.

Research output: Contribution to journalArticleAcademicpeer-review

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AB - The evolution towards a ius commune in environmental law, especially within Europe, is the main subject of this article. It aims to present some of the main environmental issues, such as: general legal foundations, main legal instruments, procedural rules of implementation and rules of enforcement. Each issue is discussed from the viewpoint of developments within EC member states, the EC and, as a point of ``external reference'', the USA. As the features of the present day systems of Environmental law are compared, not only do we find a greater coherence but also a linkage with the concept and principles of good governance. Maybe environmental law in the legal orders concerned has reached a stage at which unification is of less importance than allowing for differences and learning from them.

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