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Environmental Integration in Competition and Free-movement Laws

Author: Julian Nowag

Publisher: Oxford University Press

Published: 2016

Total Pages: 369

ISBN-13: 0198753802

Focusing on competition, state aid, and free movement law, this book develops a conceptual framework for understanding the integration of environmental concerns in those legal domains and compares the different legal tests that have emerged for delimiting and weighing environmental considerations against other public goals.

Environmental Integration in Competition and Free-Movement Laws

Author: Julian Nowag

Publisher: Oxford University Press

Published: 2016-11-10

Total Pages: 250

ISBN-13: 0191068292

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Environmental Integration in Competition and Free-Movement Laws engages in a comprehensive analysis of the obligation of Article 11 TFEU (integration of environmental protection requirements) in the three core areas of EU internal market law: competition, state aid, and free movement. It develops a theoretical framework for integrating environmental and other policies and compares how environmental integration takes place within competition, state aid, and free movement law. In turn, it paves a way for a more transparent and consistent integration of environment protection in these three core areas of law. Structured in three parts, this volume (I) offers a detailed analysis of the historical development of environmental integration including discussions of the various intergovernmental conferences which led to a number of Treaty changes, shaping the obligation itself. (II) It investigates which provisions and concepts within competition law, state aid law, and the market freedoms can be interpreted in order to provide a clear demarcation of environmental protection and these areas of law. (III) It analyses how competition, state aid, and free movement law allow for a balancing of the environment against restrictions in cases of conflict.

EU Environmental Law and the Internal Market

Author: Nicolas de Sadeleer

Publisher: OUP Oxford

Published: 2014-01-09

Total Pages: 550

ISBN-13: 0191663514

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For some, a protectionist policy underlies most environmental measures. Lawyers working in the area of fundamental freedoms are very accustomed to discussing all issues within a free market framework and therefore often come to market-friendly decisions. Similarly, while environmental law has taken on a renewed intensity at European level, the tendency has been to analyse the subject rather narrowly, and studies fail to address the impact of environmental law on market integration. Written by one of the foremost experts in the area, the book challenges current thought and re-assesses the rules of economic integration within an environmental framework. In so doing, it bridges the gap between environmental and trade law and provides a systematic, robust, and practically workable analytical framework of the conflicts opposing rapidly evolving environmental and climate change measures and internal market as well as competition rules. The book is divided into three parts, beginning with a systematic and in-depth analysis of the key Treaty provisions regarding environmental protection, as well as an overview of secondary environmental law. Part two addresses the compatibility of EU and national environmental protection measures with the provisions of the TFEU on the free movement of goods and services, and the freedom of establishment. Part three examines the compatibility of environmental protection measures with treaty provisions on the freedom of competition and State aids. The book also includes discussion of all major cases handed down by the Court of Justice, highlighting the real impact of the conflicts.

Competition Law and Environmental Protection in Europe

Author: Hans Vedder

Publisher: Europa Law Publishing

Published: 2003

Total Pages: 486

ISBN-13: 9789076871943

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Article 6 of the EC Treaty requires an integration of environmental protection requirements into the European Community's policies. As a result environmental concerns must also be integrated into Community competition law and policy. Taking Article 6 EC as a starting point, this book begins with the construction of a model of integration. This model requires that environmental concerns are awarded a role that will ultimately result in the internalisation of environmental concerns and therefore lead to a mutually reinforcing relation between competition and environmental protection. After an examination of Articles 81, 82, 86 and 87 of the EC Treaty, the useful effect doctrine (Article 10 in connection with 81 EC) and the Merger Regulation as well as the application of these competition rules in cases that involve environmental protection concerns, some conclusions are drawn with regard to the integration of environmental protection requirements and EC competition law. These conclusions are followed by a comparative legal research in which their validity is tested. On the basis of these findings it is concluded that the model of integration is being applied in parts of EC competition law. In those areas, competition policy towards environmental restrictions of competition actually increases the chances of a competition for the environment coming about. This, it is submitted, is an important step in the direction of achieving sustainable development. About the author: Hans Vedder (1974) graduated from the University of Groningen in 1997. From 1998 to 2001 he worked as a researcher at the Centre for Environmental Law of the University of Amsterdam. Since 2001 he is lecturer in European law at the University of Groningen. He has published several articles and chapters in books on various aspects of competition and environmental law.

Sustainability through Participation?

Author: Birgit Peters

Publisher: BRILL

Published: 2023-07-03

Total Pages: 534

ISBN-13: 9004509380

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Can—and should—participation be a means of achieving sustainability? The concepts of sustainability and participation are both in vogue, and many international, supranational and national legal texts and standards refer to these two concepts. However, there are still several unanswered questions that invite legal inquiry: which sustainability? Which kinds of participation? Participation by whom? How are the two concepts of sustainability and participation effectively interlinked in legal provisions? This book approaches the interconnection between sustainability and participation inductively and precisely in areas of law which are commonly associated with sustainability and sustainable development: national, European and international environmental and economic law.

Pragmatic Legal and Policy Implications of Environmental Lawmaking

Author: Movahedian, Hussein

Publisher: IGI Global

Published: 2023-05-01

Total Pages: 282

ISBN-13: 1668441608

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The publication of environmental degradation statistics worldwide and the announcement of scientific assessments of the process of its destruction have attracted everyone's attention to the environment. On the world stage, international environmental laws and regulations must be formulated to protect the environment and humanity from further harm. This book provides selective coverage of environmental and energy law within the European Union (EU) and the United Kingdom as well as internationally. It is crucial to examine environmental and energy law from a wide range of perspectives and approaches to gain insight into how the law is designed to tackle particular environmental problems arising in both professional and theoretical settings. Pragmatic Legal and Policy Implications of Environmental Lawmaking bridges the knowledge gap between legal developments designed to achieve environmental and/or energy objectives (for example, pollution control and conservation) on the one hand and the practical, scientific, and technical considerations applicable to the same environmental problems on the other. By adopting a multi-disciplinary approach to environmental and energy law, the book embraces all readerships and goes a step further to address the often-difficult problem of improving communication between scientists and engineers and law and policymakers. Covering topics such as environmental degradation, energy law, and international trade legislation, the book will be useful to law students and professionals working in the fields of environmental and/or energy law, engineering and (geo)science students and professionals, as well as others working in various other disciplines.

The Boundaries of the EU Internal Market

Author: Marja-Liisa Öberg

Publisher: Cambridge University Press

Published: 2020-11-05

Total Pages: 377

ISBN-13: 1108603645

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The book examines the twofold 'boundaries' of the concept of the European Union's internal market – the geographical and the substantive – through the prism of expanding the internal market to third countries without enlarging the Union. The book offers a comprehensive analysis of the conditions under which the internal market can effectively be extended to third countries by exporting EU acquis via international agreements without sacrificing its defining characteristics. Theoretical rather than empirical in approach, the book scrutinises and meticulously questions the required level of uniformity within flexible integration relating to the substantive scope of the internal market, the role of foundational principles in the European Union's market edifice, and the institutional framework necessary for granting third country actors full participation in the internal market while safeguarding the autonomy of the Union's legal order.

The Evolving Governance of EU Competition Law in a Time of Disruptions

Author: Carlo Maria Colombo

Publisher: Bloomsbury Publishing

Published: 2024-02-08

Total Pages: 369

ISBN-13: 1509951814

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This book develops a timely analysis of the complex trends and transformations emerging in EU competition law in the current turbulent times. Repeated economic crises, the climate emergency, digitalisation, and geopolitical and democratic threats are all having profound societal and economic effects on the EU. In light of its fundamental role in the Treaties, EU competition law has been called upon to play an important role in responding to this state of 'turbulence'. This brings about significant governance and constitutional challenges, firstly by questioning how the governance of EU competition law is being transformed to respond and adapt. Secondly, these crisis-induced transformations probe the logic and constitutional limits of EU competition law within the framework of EU law. This collection brings together EU institutional and competition lawyers to reflect on the governance and constitutional challenges emerging from the post-modernisation evolution of EU competition law against the backdrop of the recent multiple crises in the EU. The essays focus on the substantive and procedural developments across the three main policy areas of EU competition law: antitrust, merger control and State aid. EU constitutional and competition lawyers will be interested in this important new collection.

European Yearbook of International Economic Law 2022

Author: Jelena Bäumler

Publisher: Springer Nature

Published: 2023-05-23

Total Pages: 581

ISBN-13: 3031285328

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Climate change is the defining challenge of our time. While political leadership and scientific expertise are key, law has a major role to play in fashioning responses. Volume 13 of the EYIEL assesses central aspects of the legal regimes governing "Climate Change and Liability". Covering traditional trade and investment topics as well EU instruments regulating private actors, contributions reflect the diverse links between international economic law and climate change. Through a mix of foundational inquiries and coverage of current issues (such as climate change litigation), the volume offers a rich and nuanced account of international economic law in an era of "Climate Change and Liability".

Sustainability Objectives in Competition and Intellectual Property Law

Author: Pranvera Këllezi

Publisher: Springer Nature

Published: 2024-01-13

Total Pages: 425

ISBN-13: 3031448693

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This open access volume of LIDC contributions focuses on how competition and intellectual property laws incorporate sustainability objectives. Businesses are increasingly embracing sustainability objectives, driven by the international community. Although competition and intellectual property law are certainly not the only tools for addressing sustainability issues, they can play a role in moving toward a more sustainable society. Sustainability has gained prominence in competition law in all jurisdictions covered in this volume. The contributions focus on classic questions such as whether sustainability agreements restrict competition and, if so, to what extent businesses can be exempted on efficiency grounds. The papers also raise a number of questions, in particular concerning the treatment of non-market efficiencies. The soft law and case law produced by competition authorities are examined, and the leadership role of some competition authorities in the field – from advocacy to policy papers and sustainability guidelines – is highlighted. The authors call for more individual guidance to provide enhanced transparency and clarity to industry, advisors and society at large on sustainability issues, with guidelines or sustainability-related block exemptions providing even greater legal certainty. With regard to intellectual property, the contributions examine various important issues, such as the need for intellectual property rights to remain technology-neutral, ways to promote the use of sustainable technologies and incentives for licensing, and ways to promote the dissemination of sustainable technologies, including compulsory licensing, cross-licensing, open source or FRAND licensing, and replacing the destruction of counterfeit goods with recycling. The papers also discuss greenwashing and how it can be addressed through revisions to trademarks and related rights.