Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

The ECJ's 'Hard' Control over Compliance with International Environmental Law: Its Procedural and Substantive Aspects

No metrics data to plot.
The attempt to load metrics for this article has failed.
The attempt to plot a graph for these metrics has failed.
The full text of this article is not currently available.

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this article

+ Tax (if applicable)
Add to Favorites
You must be logged in to use this functionality

This study shows that the ECJ, while not directly applying and interpreting environmental treaties, exercises procedurally and substantively 'hard' control over compliance with EC legislation implementing those treaties, in the fields of nature conservation and hazardous waste management, on certain conditions and within certain limits. This study also shows that the ECJ's acknowledgment of its exclusive jurisdiction on the marine environment as seen in the 2006 MOX Plant case has contradictory effect on its substantively 'hard' control: such acknowledgment, although being a plus factor where there is no Community measure, becomes a minus factor since it in practice means that there already exist Community measures. Although the above observations are also instructive to other international judiciaries' study, structural and situational differences should be considered.

Affiliations: 1: Associate Professor, Osaka Gakuin Univ., Japan

10.1163/187197309X460555
/content/journals/10.1163/187197309x460555
dcterms_title,pub_keyword,dcterms_description,pub_author
6
3
Loading
Loading

Full text loading...

/content/journals/10.1163/187197309x460555
Loading

Data & Media loading...

http://brill.metastore.ingenta.com/content/journals/10.1163/187197309x460555
Loading

Article metrics loading...

/content/journals/10.1163/187197309x460555
2009-09-01
2016-12-10

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Subscribe to ToC alert
  • Get permissions
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    International Community Law Review — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation