Representative bureaucracy in Belgium: power sharing or diversity?

Walle, Steven Van de; Groeneveld, Sandra; Vandenbussche, Lieselot

doi:10.4337/9780857935991.00011

Cited by 3 publications

(1 citation statement)

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“…For example, in Van de Walle v Texaco Belgium, the court determined that contaminated soil caused by a hydrocarbon spill was considered waste within the meaning of the Waste Directive, and therefore the holder would be liable for remediation following the polluter pays principle. 70 Similarly, in Commune de Mesquer, the court found that coastal contamination from an offshore oil spill qualifies as waste under the Waste Directive, and the producer, total, could be held liable and compelled to pay for cleanup. 71 The 2020 case Naturschutzbund Deutschland v Kreis Nordfriesland addresses the question of when environmental liability may be imposed in case of damage to species and ecosystems in a protected area.…”

Section: Restoration As Remediation: Interpreting Obligations To Impo...mentioning

confidence: 99%

Towards a legal definition of ecological restoration: Reviewing international, European and Member States' case law

Mendes

Hernández

Badoz

et al. 2022

Rev Euro Comp Intl Enviro

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Ecological restoration is of crucial importance to mitigate the impact of human activity on the environment and preserve biodiversity and ecosystem services. Therefore, the concept of restoration is at the core of international and European Union (EU) environmental policy and governance. This article seeks to shed light on this concept in international and European case law. To this end, it reviews the definition, objectives and scope of restoration according to international scientific standards. It further distinguishes restoration from other related terms such as compensation, mitigation, conservation and rehabilitation. The article then analyses judgements rendered by the International Court of Justice, the Court of Justice of the EU and EU Member States' courts pertaining to restoration. It concludes that there are wide discrepancies in the use of the term restoration by the judiciary, in particular with regard to objectives, baselines and reference conditions. In light of these conclusions, the authors support the adoption of a legal definition of restoration. | INTRODUCTIONNature and the ecosystem services that it provides to humans are deteriorating at an unprecedented rate due to human-induced changes in ecosystems' composition and functioning. In the last 50 years, the human population has doubled, the global economy has grown fourfold and global trade has grown tenfold, which has accelerated the global demand for energy, materials, food and land, and fostered massive biodiversity loss. 1 This ecological emergency is a direct result of human activities, and it puts at risk the achievement of all biodiversity targets for 2030, human wellbeing and all life on Earth. 1 S Díaz et al (eds), Summary for Policymakers of the Global Assessment Report on Biodiversity and Ecosystem Services of the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services (Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services (IPBES) Secretariat 2019) 12.

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Section: Restoration As Remediation: Interpreting Obligations To Impo...mentioning

confidence: 99%