Selected articles & reports

Selected contributions to books & journals 2007 – 2014

2014

  • HAVERCROFT AND MACRORY ‘Legal Liability and Carbon Capture and Storage’
  • MACRORY ‘Judges and the Government’ International Journal of Law in the Built Environment Vol.6 Iss: 1/2
  • MACRORY ‘European Moves on Environmental Enforcement’ International Comparative Guide ti Environmental Law 2014 Global Legal Group, London 13-16

2013

  • ARMENI ‘Carbon Capture and Storage in the Sub –Seabed and Sustainable Development: A Reciprocal Gap’, Ocean Yearbook vol. 27(2013) 1
  • LEE Maria, ARMENI Chiara et al, ‘Public participation and climate change infrastructure’ (2013) 25 Journal of Environmental Law 62, http://jel.oxfordjournals.org/content/25/1.toc 
  • LEE Maria, ‘Nuisance and Regulation in the Court of Appeal’ (2013) Journal of Planning and Environmental Law 277
  • MACRORY (2013)  ‘Sanctions and Safeguards–the Brave New World of Regulatory Enforcement’ 
 
Current Legal Problems 2013; doi: 10.1093/clp/cut006
  • MACRORY (2013) ‘United Kingdom’ in R Macrory J Jans and A Moreno Molina (eds)  National Courts and EU Environmental Law  Europa Law Publishing  ISBN 978-90-8952-128-6
  • MACRORY (2013)  (with V Madner and S Mayr)  ‘Consistent Interpretation of EU Environmental Law’ in R Macrory J Jans and A Moreno Molina (eds)  National Courts and EU Environmental Law  Europa Law Publishing
  • MILLIGAN Ben Milligan, ‘The Australia – Papua New Guinea Torres Strait Treaty: A potential model for cooperative management of the South China Sea’, forthcoming in Robert Beckman, Clive Schofield and Ian Townsend-Gault, Beyond Territorial Disputes in the South China Sea: Legal Frameworks for the Joint Development of Hydrocarbon Resources (2013).
  • SCOTT ‘Contingent Unilateralism – International Aviation in the European Emissions Trading Scheme’ in B. Van Vooren, S. Blockmans and J. Wouters, The EU’s Role in Global Governance: The Legal Dimension (OUP, 2013)
  • SCOTT ‘Extraterritoriality and Territorial Extension in EU Law’ (June 8, 2013). American Journal of Comparative Law, Vol. 62, No. 1, 2014.
  • SMITH Swansea University, ‘Global Challenges, Global Law: A Symposium on the Future of International Law and Global Governance,’ Swansea, Wales, UK: “Climate Change, Food Security and Human Vulnerability: The Limits of International Trade Regulation,” June 2013.
  • SMITH UCL Institute of Global Health, ‘Global Food Security: Creating Resilience in the Face of Catastrophic Climate Change,’ London, UK: “Global Food Policy: The Challenges,” February 2013.
  • SMITH “Renegotiating the WTO Agreement on Agriculture: Accommodating the New Big Issues,” with Michael Cardwell, (2013) International and Comparative Law Quarterly (accepted).
  • SMITH “Power, Rules and the WTO,” (2013) Boston College Law Review & International and Comparative Law Review Joint Issue, (in press).
  • SMITH “Contemporary Problems of Climate Change and the TBT Agreement: Moving Beyond Eco-Labelling,” with Michael Cardwell, in T. Epps & M. Trebilcock (eds), Research Handbook on the WTO Agreement on Technical Barriers to Trade, Edward Elgar, (2013, in press).

2012

  • ARMENI ‘Public Participation and climate change infrastructure’ (with Maria Lee et al.)’, Journal of Environmental Law, 2012 (First published online: December 14, 2012)
  • ARMENI ‘An introduction to key developments and concepts in CCS: history, technology, economics and law’ (with B Evar and V Scott) in N Markusson, S Shackley, B Evar (eds), The Social Dynamics of Carbon Capture and Storage – Understanding CCS Representations, Governance and Innovation (2012) Routledge.
  • LEE  “Safety, Regulation and Tort: Fault in Context” (2011) 74 Modern Law Review 555-580
  • LEE “Tort Law and Personal Injury in the Regulatory State’ [2011] Journal of Personal Injury Law 137-143
  • LEE “Tort Law and Regulation: Planning and Nuisance” [2011] Journal of Planning Law 4-11KRAEMER Krämer, Rike U. ; Krajewski, Markus (2011): State Aid (Subsidies) in International Trade Law. In: Erika Szyszczak, State Aid Handbook, Edward Elgar Publishing
  • KRAEMER Krämer, Rike U. (2011): Book Review: Sue Arrowsmith and Peter Kunzlik (eds), Social and Environmental Policies in EC Procurement Law: New Directives and New Directions. Cambridge University Press, 2009. In: EUSA Review Vol. 24, No 3, 9
  • MACRORY (2012) ‘The Role of the First Tier Environment Tribunal  [2012] Judicial Review  54-60
  • MACRORY (2012)  ‘The UK Climate Change Act – Towards a Brave New legal World?’  In  Backer, Fauchald, and Voight   Pro Natura  University of Oslo
  • MILLIGAN Ben Milligan and Chiara Armeni, ‘Marine spatial planning for emerging marine activities: a case study of law and policy concerning offshore carbon storage in the United Kingdom’, 25 pages, paper presented at the 7th Conference of the IHO/IAG Advisory Board on the Law of the Sea, Monaco, 3 – 5 October 2012.
  • MILLIGAN Ben Milligan, ‘Marine protected areas in Antarctic waters: a review of policy options in the context of international law’, forthcoming in M. Kwon, C Schofield and S Lee, (eds) The Limits of Maritime Jurisdiction (forthcoming 2012).
  • PURDY ‘Beam me up Scotty’, New Law Journal (2012) 5 October, vol. 162(7532), cover and pp1260-1261.
  • PURDY ‘Pulling the Threads Together and Moving Forward’ in R. Purdy and D. Leung (eds.), Evidence from Earth Observation Satellites. Emerging Legal Issues, December 2012, Brill / Martinus Nijhoff, pp399-424.
  • PURDY Evidence from Earth Observation Satellites. Emerging Legal Issues, December 2012, Brill / Martinus Nijhoff (Ed. With D. Leung) 498p.
  • SCOTT ‘Stateless Nations in the European Union: Two Cheers not Three’ in N. Walker (ed.), Maccormick’s Scotland (Edinburgh UP, 2012)
  • SCOTT ‘EU Climate Change Unilateralism’ (2012) 23 European Journal of International Law 469 (with Lavanya Rajamani)
  • SMITH World Trade Institute, Bern, Switzerland: “Land Grab and Human Rights: Mapping Multilevel Governance of Food Security in Weak States,” November 2012.
  • SMITH Boston College Symposium, ‘Filling Power Vacuums in the New Global Legal Order,’ Boston, USA: “Locating Power in the WTO,” October 2012.
  • SMITH Bi-annual Conference of the Society of International Economic Law, Singapore: “Food Security, FDI and Multilevel Governance in Weak States,” July 2012. Bi-Annual Conference of Society of International Economic Law, Singapore: Food Security, FDI and Multilevel Governance in Weak States, 2012.
  • SMITH ‘Food Security and International Agricultural Trade Regulation: Old Problems, New Perspectives” in JA McMahon & M Desta (eds), Handbook on International Agricultural Trade Regulation, (2012) Edward Elgar ISBN 978-1-84844-116-3 Chapter 2, 45-69.

2011

  • ARMENI ‘Case Studies on the Implementation of the Directive 2009/31/EC on the geological storage of carbon dioxide’, Carbon Capture Legal Programme Report (November 2011).
  • ARMENI ‘Legal Developments for Carbon Capture and Storage under International and Regional Marine Legislation’ in I Havercroft, R Macrory, R B Stewart (eds), Carbon Capture and Storage – Emerging Legal and Regulatory Issues (2011) Hart Publishing.
  • HOLDER With Antonia Layard, Seeking Spatial and Environmental Justice for People and Places within the EU’ in A. Philippopoulous-Mihalopoulos (ed) Law and Ecology: New Normative Foundations (Routledge, 2011)
  • HOLDER With Antonia Layard, Drawing out the Elements of Territorial Cohesion’ in (2011) Yearbook of European Law  30(1): 358-380 
  • HOLDER, J With Antonia Layard, ’Seeking Spatial and Environmental Justice for People and Places within the EU’ in A. Philippopoulous-Mihalopoulos (ed) Law and Ecology: New Normative Foundations (Routledge, 2011)
  • MACRORY (2011)  The Environment as an Instrument of Constitutional Change in Jowell and Oliver The Changing Constitution   Oxford University Press  291-311  ISBN  978-0-19-957905
  • MACRORY (2011)  ‘Weighing up the Performance’  Journal of Environmental Law Vol 23 No 2  311-318
  • MACRORY (2011)  Consistency and effectiveness – Strengthening the New Environment Tribunal  UCL Centre for Law and the Environment ISBN 978-0-95600806
  • MACRORY (2011) (with STEWART R and HAVERCROFT I (eds)  Legal Aspects of Carbon Capture and Storage  Hart Publishing, Oxford   ISBN  978-1-84113-268-6

  • MACRORY (2011) with Havercroft I  Pulling the Threads Together  in  Macrory, Stewart and Havercroft  Legal Aspects of Carbon Capture and Storage ,   Hart Publishing, Oxford   297-304

  • MILLIGAN Ben Milligan, ‘Marine protected areas in Antarctic waters: current developments and legal issues’ (Presented at the University of California Berkeley Law of the Sea Institute Conference, Wollongong, 28 November – 2 December 2011).
  • MILLIGAN Ben Milligan, ‘The policy rationale informing joint development of maritime spaces subject to overlapping jurisdictional claims’ (Presented at the International Conference on Joint Development and the South China Sea, National University of Singapore, 16 – 17 June 2011).
  • MILLIGAN Ben Milligan and Clive Schofield, ‘Filling governance gaps in the Asia-Pacific: Legal and policy options for achieving functionally comprehensive management of maritime spaces subject to overlapping jurisdictional claims’, 37 pages, paper presented at the International Law Association Asia-Pacific Regional Conference, Taipei, 29 May – 1 June 2011.
  • PURDY Scoping Report on the Legal Impacts of BEAMING Presence Technologies; Centre for Law and the Environment Publication, July 2011.
  • PURDY ‘Attitudes of UK and Australian farmers towards monitoring activity with satellite technologies: Lessons to be learnt’, Space Policy 27 (2011) pp202-212.
  • SCOTT, J ‘In Legal Limbo: Post-Legislative Guidance as a Challenge for European Administrative Law’ 48 Common Market Law Review 329-355
  • SCOTT, J ‘The Multi-Level Governance of Climate Change’. In: P. Craig and G. de Burca, The Evolution of EU Law (OUP, 2011)
  • PURDY, R ‘The Impact of Satellite Technologies in the International Legal Sector: The Story So Far and Implications For the Future’, in Derecho Espacial, Vol. XVII, Plus Ultra Press, Argentina (forthcoming)
  • SCOTT ‘Carbon Trading Needs a Multi-Level Approach’ 7357 (2011) Nature 445 (with Mark Maslin)
  • SCOTT ‘In Legal Limbo: Post-Legislative Guidance as a Challenge for European Administrative Law’ (2011) 48 Common Market Law Review, pp. 329-355
  • SCOTT ‘The Multi-Level Governance of Climate Change’ in: P. Craig and G. de Burca, The Evolution of EU Law (OUP, 2011), pp. 805-835
  • SMITH 11th Annual Conference on International Economic Law, British Institute of International Comparative Law, London UK, in association with Institute of International Economic Law, Georgetown University, Washington DC, USA: “Prospects for the Conclusion of the Doha Round in International Agricultural Trade: The Impact of the Financial Crisis,” 26 May 2011.
  • SMITH Centre for Law, Ethics and Globalization, University of Southampton: “Understanding the Nature of WTO Obligations: a Law & Language Approach,” 9 Feb 2011.
  • SMITH ‘Indigenous Farmers’ Rights, International Agricultural Trade and the WTO” (2011) (2) Journal of Human Rights and the Environment 157-177.
  • SMITH ‘Regulating Agriculture in the WTO” (2011) 7 International Journal of Law in Context 233-247

2010

  • ARMENI, C ‘The Copenhagen Accord and Beyond’, Environmental Law Review 12 (2010) 132-139SMITH Public International Law Discussion Group, University of Oxford: “Treaty Interpretation in the WTO: Beyond the Vienna Convention on the Law of Treaties,” 9 November 2010.
  • HOLDER With Antonia Layard, Relating Territorial Cohesion, Solidarity and Spatial Justice’ in M. Ross and Y. Borgmann-Prebil (eds) Promoting Solidarity in the European Union (OUP, 2010).
  • HOLDER, J With Antonia Layard, ‘Relating Territorial Cohesion, Solidarity and Spatial Justice’ in M. Ross and Y. Borgmann-Prebil (eds) Promoting Solidarity in the European Union (OUP, 2010)
  • LEE, M ‘Beyond Safety? The Broadening Scope of Risk Regulation’ in Colm O’Cinneide Current Legal Problems 2009 ( Oxford University Press, 2010)
  • LEE, M ‘New Environmental Liabilities: The Purpose and Scope of the Contaminated Land Regime and the Environmental Liability Directive’ 2010 Environmental Law Review forthcoming
  • LEE, M ‘EU Multi-level Governance of GMOs: Ambiguity and Hierarchy.’ In: Michael Cardwell and Luc Bodiguel Regulation of GMOs ( Oxford University Press, 2010) – draft available on Committee of the Regions website, http://www.cor.europa.eu/pages/EventTemplate.aspx?view=folder&id=da6bea72-bb09-4bed-aa19-5eca8feb24dd&sm=da6bea72-bb09-4bed-aa19-5eca8feb24dd
  • LEE “Beyond Safety? The Broadening Scope of Risk Regulation” in Colm O’Cinneide Current Legal Problems 2009 ( Oxford University Press, 2010)
  • LEE “EU Multi-level Governance of GMOs: Ambiguity and Hierarchy.” In: Michael Cardwell and Luc Bodiguel Regulation of GMOs ( Oxford University Press, 2010)
  • LEE “Risk and Beyond: EU Regulation of Nanotechnology” (2010) 35 European Law Review 799-821
  • LEE “Hunter v Canary Wharf.” In: Paul Mitchell and Charles Mitchell, Landmark Cases in the Law of Tort (Hart Publishing, 2010)KRAEMER Krämer, Rike U. (2010): Looking through Different Glasses at the Lisbon Treaty: The German Constitutional Court and the Czech Constitutional Court. In: Andreas Fischer Lescano, Christian Joerges & Arndt Wonka ed. The German Constitutional Court’s Lisbon Ruling: Legal and Political Science Perspectives, Bremen: ZERP Discussion Paper 01/2010, 11-19.
  • LEE, M ‘Hunter v Canary Wharf.’ In: Paul Mitchell and Charles Mitchell, Landmark Cases in the Law of Tort (Hart Publishing, 2010)PURDY Satellite Monitoring of Environmental Laws. Lessons to be Learnt from Australia; Centre for Law and the Environment Publication, November 2010.
  • MACRORY (2010) Environmental Courts and Tribunals in England and Wales – A Tentative New Dawn Journal of Court Innovation  Vol 3 Number 1 61-78
  • MACRORY (2010)   ‘Reforming Regulatory Sanctions’ in Oliver, Rawlings and Prosser (eds)  The Regulatory State (Oxford University Press) ISBN13: 9780199593170
  • MACRORY (2010)   Regulation, Enforcement and Governance of Environmental Law   Hart Publishing, Oxford   ISBN  978-1-84946-035-4

  • PURDY ‘Using Earth Observation Technologies for Better Regulatory Compliance and Enforcement of Environmental Laws’, Journal of Environmental Law 22:1 (2010), pp59-87.
  • SMITH Chicago-Kent Law School, Chicago, USA seminar series: “Language and International Agricultural Trade: a new methodological approach,” 17 February 2010.
  • SMITH ‘Law, Language and International Agricultural Trade Regulation” (2010) 63 Current Legal Problems 448-474.

2009

  • SMITH University of Exeter seminar series: “Interpretation in the WTO Agreements: Beyond The Vienna Convention on the Law of Treaties,” 4 November 2009.
  • SMITH WTO Scholars’ Forum & World Trade Law Association High Level Meeting, Steptoe & Johnson LLP London UK: “Agriculture as a Polycentric Problem,” 6 May 2009.
  • SMITH Agriculture and the WTO: towards a new theory of international agricultural trade regulation, (2009), 
Edward Elgar, International Economic Law series edited by Alan O. Sykes, Stanford University, USA and Mary Footer, University of Nottingham, ISBN 978-1-84542-490-9, 192pp. July 2009.
  • SCOTT ‘Managing the Health Effects of Climate Change’ The Lancet (2009) pp. 1693-1733 (with A. Costello and an inter-disciplinary team of UCL researchers)
  • SCOTT ‘From Brussels with Love: The Transatlantic Travels of European Law and the Chemistry of Regulatory Attraction’ (2009) 57(4) American Journal of Comparative Law 897-942
  • SCOTT ‘The Hidden World of WTO Governance’ (2009) 20(3) European Journal of International Law 575-614 (with Andrew Lang)
  • SCOTT ‘REACH: Combining Harmonisation with Dynamism in the Regulation of Chemicals‘ in J.Scott (ed.), Environmental Protection: European Law and Governance (OUP, 2009)
  • SCOTT Environmental Protection: European Law and Governance (ed.) (OUP, 2009)
  • PURDY ‘Governance Reform of the Clean Development Mechanism After Poznan’, Carbon and Climate Law Review (2009), Vol. 3(1), pp5-15.
  • PURDY ‘Intellectual Property Rights and Problems in the Protection of Indigenous Knowledge: A Case Study of the Philippines in Legal Reforms’, Chapter 14, in Ninan, K.N. (ed) Conserving and Valuing Ecosystem Services and Biodiversity – Economics, Institutional and Social Challenges, pp 299–330, 2009, Earthscan (with T Swanson, and A.L Uy)
  • LEE “Personal Injury, Public Nuisance and Environmental Regulation” 2009 King’s Law Journal 129
  • LEE “Law and Governance of Water Protection Policy.” In: Joanne Scott, EU Environmental Governance (Oxford University Press, 2009)
  • HOLDER Building Spatial Europe: An Environmental Justice Perspective’ in Joanne Scott (ed) Environmental Protection: European Law and Governance (OUP, 2009).
  • MACRORY (2009)   ‘Maturity and Methodology’ : A Personal Reflection    Journal of Environmental Law Vol 21 No 2  251-254
  • SCOTT, J The Hidden World of WTO Governance. (co-authored with Andrew Lang) (2009) 20 European Journal of International Law 575-614
  • LEE, M ‘Agricultural Biotechnology in the UK: Expanding the Scope of the Debate?’ In: Michelle Everson and Ellen Vos, Uncertain Risks Regulated (Routledge, 2009)
  • MACRORY, R ‘Capturing the Legal Arguments’: European Lawyer
  • MACRORY, R ‘Maturity and Methodology’: A Personal Reflection Journal of Environmental Law Vol 21 No 2 251-254
  • MACRORY, R with MAURICI, J Rethinking regulatory sanctions – Regulatory Enforcement and Sanctions Act 2008 – an exchange of letters (2009) 21 ELM 4 183-6
  • GUILFOYLE Shipping Interdiction and the Law of the Sea (Cambridge University Press, 2009), lv + 374 pp.
  • PURDY, R ‘Intellectual Property Rights and Problems in the Protection of Indigenous Knowledge: A Case Study of the Philippines in Legal Reforms’ (with Swanson, T and Uy, AL), Chapter 14, in Ninan, K.N. (ed) Conserving and Valuing Ecosystem Services and Biodiversity – Economics, Institutional and Social Challenges, pp 299–330, Earthscan.
  • PURDY, R ‘Governance Reform of the Clean Development Mechanism After Poznan, Carbon and Climate Law Review, Vol. 3(1).
  • PURDY, R. ‘The Impact of Satellite Technologies in the International Legal Sector: The Story So Far and Implications For the Future’, forthcoming, Derecho Espacial, Vol. XVII, Plus Ultra Press, Argentina.
  • PURDY, R ‘Using Earth Observation Technologies for Better Regulatory Compliance and Enforcement of Environmental Laws’, forthcoming, Journal of Environmental Law.
  • LEE, M “Personal Injury, Public Nuisance and Environmental Regulation” 2009 King’s Law Journal 129
  • LEE, M ‘Law and Governance of Water Protection Policy’, in Joanne Scott (ed), Environmental Protection: European Law and Governance (OUP).
  • LEE, M EU Multi-level Governance of GMOs: ambiguity and hierarchy in Michael Cardwell and Luc Bodiguel (eds) Regulation of GMOs (OUP forthcoming) – draft available on Committee of the Regions website
  • HOLDER, J ‘Building Spatial Europe: An Environmental Justice Perspective’ in Joanne Scott (ed) Environmental Protection: European Law and Governance (OUP).
  • SCOTT, J From Brussels with Love: The Transatlantic Travels of European Law and the Chemistry of Regulatory Attraction’ forthcoming American Journal of Comparative Law, available at: SSRN

2008

  • SMITH German Marshall Fund, Washington DC, USA: “Agriculture and the WTO: Towards a New Theory of International Agricultural Trade Regulation,” Chair, Jennifer Hillman, WTO Appellate Body. I discussed the findings in my book on agriculture for Edward Elgar with policy advisors from the United States’ Department of Agriculture, US State Department and US Congress officials, civil society members and experts from academia. 6 November 2008.
  • SMITH Inaugural Conference for the Society of International Economic Law, ‘New Horizons in International Economic Law,’ World Trade Institute, Geneva, Switzerland: “Meaning and Interpretation: the role of semantics in international agricultural trade regulation in the WTO,” 15-17 July 2008.
  • SMITH 8th Annual WTO Conference, British Institute of International and Comparative Law in association with the Institute of International Economic Law, London, UK: “Agricultural Trade in the WTO: Implications for a new Agreement,” 13-14 May 2008.
  • SMITH “The Limitations of a Legal Approach to the Regulation of Cultural Diversity in the WTO: the problem of international agricultural trade,” (2008) 3(1) Asian Journal of the WTO & International Health Law and Policy 51-80.
  • SMITH “Language, Law and Legitimacy in the Agreement on Agriculture: are we solving the right problem?” (2008) 1 Indian Journal of International Economic Law 34-79.
  • PURDY An integrated assessment of carbon dioxide capture and storage in the UK, 8th International Conference on Greenhouse Gas Control Technologies, Trondheim, Norway, 2008, Elsevier Science Ltd and Curran Associates, (with C Gough, S Shackley, J Klemeš, I Bulatov, C McLachlan, S Holloway, M Bentham, & T Cockerill).
  • PURDY ‘Climate Change’, Oxford Companion to Law, 2008, Oxford University Press, UK.
  • LEE “The Governance of Coexistence between GMOs and other Forms of Agriculture: A Purely Economic Issue?” 2008 Journal of Environmental Law 198-212
  • LEE “The Environmental Implication of the Lisbon Treaty” 2008 Environmental Law Review 131-138
  • HOLDER With Tatiana Flessas (eds) special issue of Social and Legal Studies, Emerging Commons (2008) 17(3) Social and Legal Studies. This collection includes papers from geographers and sociologists as well as from legal academics working in the areas of property, natural resources, and environmental law.
  • GUILFOYLE Piracy Off Somalia: UN Security Council Resolution 1816 and IMO Regional Counter-Piracy Efforts’ (2008) 57   International and Comparative Law Quarterly 690-699.
  • ARMENI ‘The Human Right to Water in Italy’, IELRC Briefing Paper 2008-1.
  • ARMENI ‘The Human Right to Water in Belgium’, IELRC Briefing Paper 2008-2
  • WESTAWAY, N ‘The New European Marine Strategy Directive’, Environmental Law Review, 218
  • REDGWELL, R ‘International Legal Responses to the Challenges of a Lower-Carbon Future’ in D. Zillman, C. Redgwell, Y.Omorogbe and L K Barrera-Hernandez (eds) Beyond the Carbon Economy Energy Law in Transition (OUP).
  • REDGWELL, R ‘Article 2: Definition of Natural Heritage’ and ‘Relationship to other Conventions’ in F. Francioni and F. Lenzerini, (eds) The 1972 World Heritage Convention: A Commentary (OUP).
  • REDGWELL, R ‘Das Recht der Natur’, in I Richter (ed), Transnationale Menschenrechte (Verlag Barbara Burdich) (translation by the editor).
  • MACRORY, R Environmental Public Law and Judicial Review, Judicial Review Vol 13(2) 115-125
  • MACRORY, R with Jans, J, Kramer, L and Winter, G Weighing Up the EC Environmental Liability Directive, Journal of Environmental Law Vol 20(2) 163-192
  • MACRORY, R Public Consultation and GMO Policy – A Very British Experiment, Journal of European Environmental and Planning Law 5(1) 95-107.
  • LEE EU Regulation of GMOs: Law, Decision-making and New Technology (2008, Edward Elgar)
  • LEE, M ‘The Governance of Coexistence between GMOs and Other Forms of Agriculture’ Journal of Environmental Law 198
  • MACKENZIE, R ‘Monitoring and reporting processes under the Convention on Biological Diversity’, chapter for A. Lawrence (ed.), Taking Stock of Nature: participatory biodiversity assessment for policy planning and practice, Cambridge University Press, forthcoming
  • SWANSON, T (with Sarr and Goeschl) The Value of Genetic Resources for R&D: A Survey, Ecological Economics
  • HOLDER, J (with Flessas, T) Emerging Commons 18(3) Social and Legal Studies
  • PURDY, R Contributor to the latest edition of the Oxford Companion to Law and wrote entry on ‘Climate Change’, Oxford University Press, UK

2007

  • SMITH Asian Centre for WTO Law and International Health Law and Policy, College of Law, National Taiwan University and Council of Cultural Affairs, Executive Yuan, Taiwan: “The Limitations of a Legal Approach to the Regulation of Cultural Diversity: the problem of international agricultural trade,” 28-29 June 2007.
  • SMITH International Studies Association, Annual Conference, Chicago, USA: “Language, Law and Non-Trade Concerns in the WTO Agreement on Agriculture,” 28 February-3 March 2007.
  • SMITH “Thinking Outside the Green Box: Non-Trade Concerns in a Post-Doha Environment,” (2007) 9 (2) Environmental Law Review 89-115.
  • SMITH “Moving Towards a Cohesive Relationship between Trade and Human Rights,” (2007) 13(4) European Law Journal 563-571.
  • SCOTT The WTO Agreement on Sanitary and Phytosanitary Measures: A Commentary (Oxford University Press, 2007, pb. 2009) 340pp
  • PURDY ‘Carbon Capture and Storage: Developments under European Union and International Law’, Journal for European Environmental and Planning Law (2007, Volume 4(5), pp353-366 (with I Havercroft)
  • LEE Environmental Protection, Law and Policy: Text and Materials (2007, Cambridge University Press) co-authored with Jane Holder, also of the Faculty of Laws at UCL
  • HOLDER With Donald McGillivray (eds) Taking Stock of Environmental Assessment: Law, Policy and Practice (Routledge Cavendish, 2007); this extends the geographical scope of concern with environmental assessment (the subject of Jane’s monograph, Environmental Assessment: The Regulation of Decision Making (OUP, 2004)) by engaging leading US and European scholars in comparative analysis (Farber, Karkkainen, Wiener, Kramer, Howarth, Jones, Ryall, Holder).
  • HOLDER With Joanne Scott, ‘Law and New Environmental Governance in the European Union’ in G. de Burca and J. Scott (eds) Law and Governance in the EU and the US (Hart, 2006). Subject of review article by Michael Wilkinson (2007) 70(4) Modern Law Review 680-700, at 687-692.
  • SWANSON, T Re-Telling the Tale of the Commons: Governance Problems as Commons Problems, International Review of Environmental Economics, 1(1)
  • HOLDER With Maria Lee, Environmental Protection, Law and Policy (Cambridge University Press, 2007). Published in the prestigious Law in Context series, this ‘text and materials’ book contains original research in the form of case studies on the law and policy relating to renewable energy and genetically modified organisms, used throughout the book to exemplify developments in planning law, participation in environmental decision making, risk assessment and environmental assessment.
  • HOLDER, J (with McGillivray, D) Locality, Environment and Law: the Case of Town and Village Greens 3(1) International Journal of Law in Context, 1-17
  • PURDY, R and HAVERCROFT, I Carbon Capture and Storage: Developments under European Union and International Law, Journal for European Environmental and Planning Law, Volume 4(5), pp353-366
  • MACRORY, R (with Dunseath) Should the UK be taxing aviation fuel? New Law Journal Vol 157 p.727

Selected reports

2011

C&ECoverMACRORY, R Consistency and Effectiveness – Strengthening the New Environment Tribunal Consistency And Effectiveness

The report examined over fifty examples of appeals provisions in contemporary British environmental legislation, and found a complete lack of coherence – appeals concerning licences or the service of enforcement notices went to a wide range of different bodies including magistrates courts, the planning inspectorate, and the Secretary of State. Often there was no right of appeal.Professor Macrory argues that it would be far more effective if most of these appeals went to the new Environment Tribunal set up in 2010 to determine appeals against a civil penalties now available to environmental regulators. The report identifies a set of priorities for transfer. The proposals are entirely consistent with the current regulatory reform agenda. Professor Macrory noted, “Over the years we have developed a system of environmental appeals which is complex and confusing. There is now a unique opportunity to make the current structure more coherent, simple, and effective.”
Download full report

2010

satellitePURDY, R Satelite Monitoring of Environmental Laws: lessons to be learned from Australia

The study, ‘Smart Enforcement in Environmental Legal Systems: A Socio-Legal Analysis of Regulatory Satellite Monitoring in Australia,’ was funded by the Economic and Social Research Council (UK), during 2009 and 2010. This report is a direct output of this study and examines whether modern satellite technologies could provide a rigorous, legally reliable, and cost effective tool in inspection and compliance regimes in environmental regulatory systems. It considers these issues in the context of relevant experience and expertise in Australia, which is the only sustained comparative example where satellites have been used to monitor an environmental law. Satellite monitoring is used to monitor compliance with vegetation clearing legislation in Australia. This report seeks to demonstrate lessons learnt from this cutting-edge practice in Australia and to identify how best to build on this experience if satellite monitoring is to be used in new regulatory strategies.
Download full report
Executive summary
Key recommendations
Contents

2008

foto_documents copy SWANSON, T, and LIO, X Aquastress(2003-2008)

Interdisciplinary analysis of water management problems, focusing on collective action problems in Tunisia and water demand management in Portugal. Xiaoying Liu is the research assistant involved.

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Sullivan_report_Aarhus_2008MACRORY R, and others Ensuring Access to Environmental Justice – Working Group on Access to Environmental Justice

The Working Group was established at the end of 2007 under the chairmanship of Mr Justice Sullivan. Richard Macrory was the sole academic member of the group and the principal drafter of its final report, Ensuring Access to Environmental Justice in England and Wales which was published in May 2008.

The focus of the report was on current judicial review procedures in this country, and the extent to which they satisfy the requirements of the Aarhus Convention concerning access to justice in environmental matters. The Convention came into force in 2001, and was ratified by the UK in 2005. Under the Convention members of the public and non-governmental organisations are entitled to access to the courts or other independent bodies to question the legality of a large range of licencing decisions as well as the right to challenge acts or omissions of public bodies contravening national laws relating to the environment.

Art 9(4) provides that any such procedures must be “fair, equitable, timely and not prohibitively expensive.” For claimants in judicial review not entitled to legal aid (the vast majority of the members of the public) the Group doubted whether the current practices concerning costs and potential exposure to costs in environmental judicial review cases could be said to be consistent with Aarhus.

The Report makes a series of recommendations designed to reduce the risks and uncertainties concerning exposure to costs, as well as improvement the case management of judicial review cases.
View the report

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