Interpreting Environmental Offences: The Need for Certainty

Author:   Emma Lees (University of Cambridge, UK)
Publisher:   Bloomsbury Publishing PLC
ISBN:  

9781849467377


Pages:   256
Publication Date:   28 May 2015
Format:   Hardback
Availability:   Manufactured on demand   Availability explained
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Interpreting Environmental Offences: The Need for Certainty


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Author:   Emma Lees (University of Cambridge, UK)
Publisher:   Bloomsbury Publishing PLC
Imprint:   Hart Publishing
Dimensions:   Width: 15.60cm , Height: 2.20cm , Length: 23.40cm
Weight:   0.527kg
ISBN:  

9781849467377


ISBN 10:   1849467374
Pages:   256
Publication Date:   28 May 2015
Audience:   College/higher education ,  Professional and scholarly ,  Tertiary & Higher Education ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Manufactured on demand   Availability explained
We will order this item for you from a manufactured on demand supplier.

Table of Contents

1. Introduction I. Structure II. Motivation, Scope and Methodology 2. Environmental Criminal Law in Context I. Property and Environmental Law II. Human Rights and the Environment III. Questions of Risk IV. Jurisdictional Overlap-National Law and EU Law V. Interpretation and Judicial Reasoning VI. Criminal Law and Environmental Law VII. Conclusion 3. Legal Certainty I. Defining Legal Certainty II. Transparency and Accessibility in National and European Case Law III. Certainty in Environmental Law IV. Conclusions 4. Waste, Nature Conservation and Contaminated Land: The Offences I. Waste II. Contaminated Land III. Nature Conservation 5. Uncertainty in Interpretation I. Uncertainty in Practice II. The Teleological Approach in the Courts 6. Identification of the Cause of Uncertainty: The Regulatory Culture I. Approach of the ECJ II. Administrative Approach III. The Ambiguous Role of the Courts IV. Academic Approaches V. Conclusions 7. The Solution: A Change in Approach to Interpretation I. Linguistic Analysis II. Mischief III. Seeing the Rules as Part of a Framework IV. Explanatory and Pre-Legislative Materials V. Ambiguity-Aims as a Last Resort VI. Conclusions 8. Practical Implementation of the Solution I. Environmental Principles II. Legal Barriers to Taking Such an Approach and Overcoming Them III. Examples in Practice 9. Conclusions I. Property/Environmental Law II. Human Rights and the Environment III. Question of Risk IV. Jurisdictional Overlap V. Interpretation and Legal Reasoning VI. Environmental/Criminal Law VII. Conclusion

Reviews

Lees makes a significant contribution to environmental law discourse, which is academically stimulating and has the potential to be practically important. -- Neil Parpworth Principal Lecturer in Law, De Montfort Law School * Environmental Law and Management *


Lees makes a significant contribution to environmental law discourse, which is academically stimulating and has the potential to be practically important. -- Neil Parpworth Principal Lecturer in Law, De Montfort Law School * Environmental Law and Management *


Author Information

Emma Lees is a University Lecturer in Property and Environmental Law in the Department of Land Economy, University of Cambridge.

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