Environmental Rights in Europe and Beyond

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.

Part I: Environmental Rights: Hopes, Fears and Realities 1. Environmental Rights in Europe and Beyond: Setting the Scene Sanja Bogojevic and Rosemary Rayfuse 2. Pitfalls in Promoting Environmental Rights Colin T Reid 3. Environmental Rights in Marine Spaces Richard Barnes Part II: What Kinds of Environmental Rights in the EU Context? 4. Substantive Environmental Rights in the EU: Doomed to Disappoint? Chris Hilson 5. Environmental (Property) Rights in Market-based Management Sanja Bogojevic 6. Environmental Rights and Principles: Investigating Article 37 of the EU Charter of Fundamental Rights Eloise Scotford 7. Article 11 TFEU and Environmental Rights Julian Nowag Part III: Courts and Environmental Rights 8. Green Courts as the Providers of Environmental Rights? The Case of the Swedish Land and Environment Courts Anders Bengtsson 9. EU Environmental Rights as Human Rights: Some Methodological Difficulties Facing European Courts 1 Eduardo Gill-Pedro Part IV: Whose Environmental Rights? 10. The Rights of Environmental Investors: The Case of Renewable Energy Anatole Boute 11. Pulling the Trigger: ENGO Standing Rights and the Enforcement of Environmental Obligations in EU Law Jan Darpoe