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Environmental Law for Practitioners is an invaluable, practice-related introduction to environmental law in Germany, written by specialist legal advisers with extensive experience in the practical application of environmental law. This wholly revised second edition takes account of recent developments in rapidly changing environmental legislation and case-law. It is essential reading for foreign investors as well as providing swift, ready access to legal provisions and terms in both German and English. The book comprises an English description of environmental law in Germany and a bilingual compilation of the most important environmental statute texts. After a brief introduction to German environmental law and a short discussion of the legal bases and principles, fundamental aspects of significant interest to foreign investors are examined. The regulation of environmentally relevant activities is explained in a clear, concise way. Responsibility for residual pollution is discussed in detail. The book also provides a clear overview of both environmental private law and environmental criminal law, focussing on new developments relevant to investors and outlining recent trends in environmental litigation. In addition, environmental levies and their practical application as a formative instrument of environmental policy are described. The relationship between environmental law and contract is also explored. Finally, the authors look at environmental management systems and access to environmental information. The bilingual statute texts make vital legislation on the pollution and protection of the environment available to advisers and investors alike.
This volume is an important contribution to both theoretical and practical approaches to solving contradictions and conflicts between the approaches, principles, objectives and regulations of international environmental agreements. The issue of the coordination and streamlining of environmental agreements is of growing importance regarding the increasing number of international regulations on the one hand and the urgency for effective instruments in the light of continuing environmental degradation on the other. This study will become an essential reference for scholars as well as practitioners working in the field of international environmental law.
The interplay between procedure and substance has not been a major point of contention for international environmental lawyers. Arguably, the topic’s low profile is due to the mostly uncontroversial nature of the field’s distinction between procedural and substantive obligations. Furthermore, the vast majority of environmental law scholars and practitioners have tended to welcome the procedural features of multilateral environmental agreements and their potential to promote regime evolution and effectiveness. However, recent developments have served to put the spotlight on certain aspects of the procedure substance topic. ICJ judgments revealed ambiguity on aspects of the customary law framework on transboundary harm prevention that the field had thought largely settled. In turn, in the treaty context, the Paris Agreement’s retreat from binding emissions targets and its decisive turn towards procedure reignited concerns in some quarters over the “proceduralization” of international environmental law. The two developments invite a closer look at the respective roles of, and the relationship between, procedure and substance in this field and, more specifically, in the context of harm prevention under customary and treaty law.
Situating the global poverty divide as an outgrowth of European imperialism, this book investigates current global divisions on environmental policy.
This book sheds light on the latest trends in environmental law by analyzing some of the main sectors of law, including administrative law, constitutional law, EU law, US Law, and human rights law. It explores the evolution of these sectors before courts and tribunals from a US-EU perspective and from the perspectives of some of the foremost academics and justices from the major jurisdictions. Supranational and national courts, both in Europe and in the US, have delivered significant environmental judgements in recent years. The corresponding case law reflects how, in many jurisdictions, environmental and climate litigation continues to expand exponentially as a tool to strengthen environmental protection, whether by pushing national governments to be more ambitious or by enforcing existing statutes and regulations. Courts, particularly after the Paris Agreement, are increasingly seeking their own role as an important player in multilevel environmental governance. Courts in both the US and EU are at the forefront of this process and their role in shaping environmental rule of law will be fundamental in the near future.
This book contains an English translation of the German Stock Corporation Act. The English and German texts are synoptically arranged. The introduction provides a concise overview of the main elements of the law and facilitates an understanding of the complex statutory provisions for the English-speaking reader. The main characteristics of both types of stock corporations in Germany, the AG and the KgaA, are described and explained. Several legal aspects of stock corporations, such as their formation and management, shareholders, minority rights, capital, integration, and mergers, are treated in this book. The index is also arranged in bilingual form. The authors are partners of the law firm Hengeler Mueller Weitzel Wirtz. This second edition of the book reflects the prevailing state of legislation and will prove valuable to foreign lawyers and business people dealing with stock corporations.
This book provides a description of German environmental law and provides the statutory texts in both the original German language and an English translation. It informs the reader of practice related problems and helps to overcome the language barriers. The book is meant for all those involved with decisions concerning the environment in a legal context. Neither environmental pollution nor the protection of the environment stop at individual national borders. Many international business organisations operating in Germany have to take the protection of the environment into account in their investment decisions. Foreign countries have a particular interest in German environmental law which, in an international context, is of a very high standard. This book emphasises those areas where German environmental law has special practical effects.
A concise, clear, and legally rigorous introduction to international environmental law and practice covering the very latest developments.
Part II: Human rights.