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This book covers both European Community law and Dutch environmental liability law as applicable in international cases. It contains an in-depth analysis of the Brussels Convention on Jurisdiction and Enforcement of Judgments from the point of view of environmental protection. In addition, the Community law doctrine of indirect effect, which is of great practical importance, is critically examined. Dutch environmental tort law, which is likely to influence future EC law in this field, is discussed in detail. The book is unique in that, for the first time, it makes a developed body of case law accessible to non-Dutch lawyers. This study will be of interest not only to environmental lawyers, but to all those engaged in international litigation, comparative tort law, and in European Community law in general.
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This book constitutes the first comparative commentary on Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control (IPPC), which is to be implemented in EU Member States before 31 October 1999. The provisions of the IPPC Directive contain a number of uncertainties and ambiguities which were discussed, but not fully resolved, during the negotiation process.
In particular, some provisions raise questions of interpretation which will confront national courts when interpreting and applying the implementing legislation in the light of the Directive. The authors aim to contribute to this discussion by analysing key provisions of the Directive in the context of national approaches and experiences and of an economic appraisal of the Directive.
The issues discussed include the notions of ''best available techniques'' and `best practicable environmental option'', the issuance of single integrated licences as opposed to the co-ordinated issuance of several permits for one facility, and the relationship between the IPPC process with environmental impact assessment and planning law regimes.
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