Tag Archives: ECHR

Contaminated land: the latest developments (J. Thornton)

Author

Justine Thornton

Keywords

Appropriate persons, clean-up costs, conditional contracts, consultants, contaminated land, contractual liability, damages, development, ECHR, environmental liability, environmental remediation;, failure to act, indemnities, local authorities’ powers and duties, misrepresentation, professional indemnity insurance, public liability insurance, public nuisance, right to respect for home

Abstract

Reviews key cases on contaminated land over the last few years, including the clean-up liability of successor companies, knowing permitter liability and property developers, local authority failure to act to avoid harm, environmental consultants and liability insurance, public liability insurance and the extent of environmental cover, contamination and conditional contracts, corporate transactions and triggers under environmental indemnities, and public nuisance and damages for contaminated land.

Citation

(2009) 1 Journal of Planning and Environmental Law, 8-23.

Paper

Contaminated land: the latest developments

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The Human Right to a Viable Environment (S.T. Ramnewash-Oemrawsingh)

Author

Sangini T. Ramnewash-Oemrawsingh

Keywords

ECHR, environmental issues, Strasbourg system for protection of human rights, case law, human rights systems, UN, international law

Abstract

Human rights tribunals are regularly confronted with complaints regarding human rights violations caused by environmental degradation. This book deals with the effectiveness of incorporating environmental dimensions into existing human rights and analyses the feasibility of a separate enforceable human right relating to the environment. Including chapters on the relevant case law of several regional human rights systems, such as the European Convention on Human Rights, the American Convention on Human Rights and global human rights systems, such as the UN International Convention on Civil and Political Rights, it demonstrates that incorporating environmental aspects within existing human rights is problematic and recommends the insertion of a right to a viable environment in all human rights systems.

Thorough description and clear survey of relevant case law organised under relevant convention provisions allows the reader to get a good overview of all relevant case law • Detailed analysis of the feasibility of a human right to a viable environment including the formulation demonstrates the difficulties of the development of a ‘new’ human right • Subjects that are usually discussed separately by authors are all examined, giving an overview of all the issues relating to the subject

Citation

Sangini T. Ramnewash-Oemrawsingh, The Human Right to a Viable Environment (CUP, 2010)

Book

The Human Right to a Viable Environment

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SSSI compatibility with Article 1 of the First Protocol to ECHR (J. Lowther)

Author

Jason Lowther

(case commentary – R (on the Application of Trailer and Marina (Levin) Ltd v Secretary of State for the Environment, Food and Rural Affairs and another [2004] EWCA Civ 1580).

Keywords

Habitats protection; Wildlife and Countryside Act 1981; Countryside Rights of Way Act 2000; ECHR; First Protocol, Article 1.

Abstract

Examines the Court of Appeals decision regrding the compatibility of WCA 1981 as amended by CROWA 2000 with Article 1 of the First Protocol (ECHR). The case represents another example of an unsuccessful challange by a landowner against the provisions of the Acts, designed to protect species and habitats, on the grounds of human rights. Such a decision reiterates the strengh of the legislations to protect Sites of Specific Scientific Interest.

Citation

(2005) 17 Enviromental Law and Management, 24-26.

Paper

SSSI compatibility with Article 1 of the First Protocol to ECHR

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The chartering of environmental protection: exploring the boundaries of environmental protection as a human right (K Hectors)

Author

Kristof Hectors

Keywords

EC law; environmental protection; human rights; ECHR; sustainable development; jurisprudence.

Abstract

Discusses the legal significance of the EU Charter on Fundamental Rights 2000 art.37, providing for environmental protection. Considers the extent to which art.37 contains a right to environmental protection, focusing on its three main components of sustainable development, the integration principle and environmental protection. Comments on the relationship between art.37 and European Court of Human Rights jurisprudence. Compares the legal status of the 2000 Charter with the Charter of Fundamental Rights of the European Union signed on December 12, 2007. Suggests ways of improving art.37.

Citation

(2008) 17(3) European Energy and Environmental Law Review, 165-175.

Paper

The chartering of environmental protection: exploring the boundaries of environmental protection as human right.

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Greater Flexibility Planned on GMOs (Anon)

Keywords

Crops; EU law; Genetically modified organisms; Member States; Agriculture, European Union

Abstract

Explores the proposals made by the European Health Commissioner to increase the freedom of Member States to decide on the cultivation of genetically modified organisms (GMOs), focusing on the approvals mechanism for GM maize crops, the powers under Directive 2001/18 to impose provisional restrictions on the sale of GM products in certain Member States, the question of compatibility between unrestrained population growth and food security, and the benefits offered by new technologies for GM applications.

Citation

(2011) 171 Farm Law 1-4

Paper

Greater Flexibility Planned on GMOs

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