Environmental Rights in Europe and Beyond Volume Volume 11: Swedish Studies in European Law

Présentation de l'éditeur : "The growing awareness of an impending environmental crisis coupled with a series of national and regional environmental disasters led, in the 1960s and 1970s, to the birth of the global environmental movement and the widespread recognition of the need to protect the environment for both current and future generations. Against this backdrop the concept of 'environmental rights' surfaced as a means by which claims relating to the environment could be formulated in legal terms and thereby safeguarded. In the decades that followed, this concept has come to encompass many different variations of legal rights, which this book seeks to investigate and assess." Foreword Preface Contents List of Contributors Table of Cases Table of Legislation Part I: Environmental Rights: Hopes, Fears and Realities 1. Environmental Rights in Europe and Beyond: Setting the Scene I. Introduction II. Framing Environmental Rights III. Rights in Europe and Beyond: Framework of Analysis IV. Looking Ahead 2. Pitfalls in Promoting Environmental Rights I. Introduction II. Rights as an Obstacle to Environmental Protection–An Overview III. Weaknesses of Environmental Rights IV. Are Rights the Answer? V. Conclusion 3. Environmental Rights in Marine Spaces I. Introduction II. The Extent of Environmental Rights in Marine Spaces III. The Causes of Dissonance in Marine Laws IV. Materiality of Rights: An Alternative Perspective V. Conclusions Part II: What Kinds of Environmental Rights in the EU Context? 4. Substantive Environmental Rights in the EU: Doomed to Disappoint? I. Introduction II. Environmental Rights III. Substantive Versus Procedural Rights IV. Legislative Rights Versus Fundamental Rights V. Legislative Rights VI. Fundamental Rights VII. Conclusion 5. Environmental (Property) Rights in Market-based Management I. Introduction II. Property Rights, Markets and Environmental Law III. Property Rights and Market-based Management in the EU IV. Reflections: Environmental (Property) Rights and the Significance of Legal Culture V. Conclusion 6. Environmental Rights and Principles: Investigating Article 37 of the EU Charter of Fundamental Rights I. Introduction II. The Legal Conundrum of Article 37 III. Article 37 in the Context of EU Environmental Principles IV. The Justiciability of Article 37 V. Conclusion 7. Article 11 TFEU and Environmental Rights I. Introduction II. Article 11 TFEU and Environmental Rights III. Article 11 TFEU as a Political Trump Card IV. Consequences of Breaching Article 11 TFEU V. Standing and Article 11 TFEU VI. Review: Procedural or Substantive? VII. Positioning Article 11 TFEU VIII. Conclusion Part III: Courts and Environmental Rights 8. Green Courts as the Providers of Environmental Rights? The Case of the Swedish Land and Environment Courts' I. Introduction II. The 'Greening' of the Swedish Judiciary III. Environmental Matters and the Swedish Judiciary IV. The Wider Perspective–Cooperation Between Judges in the EU V. Reflections VI. Conclusion 9. EU Environmental Rights as Human Rights: Some Methodological Difficulties Facing European Courts I. Introduction II. The Nature of Human Rights III. Article 37 of the Charter IV. EU Environmental 'Rights' and the Obligations of Domestic Courts V. EU Environmental Rights as Human Rights VI. Conclusion Part IV: Whose Environmental Rights? 10. The Rights of Environmental Investors: The Case of Renewable Energy I. Introduction II. Regulatory and Financial Incentives to Promote Environmental Investments III. Interference with the Economic Rights of Environmental Investors IV. The Right to Property Under the ECHR V. Protection of Environmental Investors Under International Investment Law VI. Conclusion 11. Pulling the Trigger: ENGO Standing Rights and the Enforcement of Environmental Obligations in EU Law I. Introduction II. Principle 10, the Aarhus Convention and EU Law III. The Court of Justice of the EU and Its Jurisprudence on Access to Justice IV. Swedish Case Law on Access to Justice in Environmental Decision Making V. The Aarhus Convention in Union Law VI. The Principle of Judicial Protection in an Environmental Context VII. Closing Remarks Index Présentation de l'éditeur : "The growing awareness of an impending environmental crisis coupled with a series of national and regional environmental disasters led, in the 1960s and 1970s, to the birth of the global environmental movement and the widespread recognition of the need to protect the environment for both current and future generations. Against this backdrop the concept of 'environmental rights' surfaced as a means by which claims relating to the environment could be formulated in legal terms and thereby safeguarded. In the decades that followed, this concept has come to encompass many different variations of legal rights, which this book seeks to investigate and assess."