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Archive for the 'Publications' Category

Marine protected areas in Antarctic waters

By Ben M Milligan, on 20 January 2014

Ben Milligan’s paper concerning marine environmental management in the waters surrounding Antarctica has been published in The Limits of Maritime Jurisdictionan edited collection by the University of California Berkeley Law of the Sea Institute and Martinus Nijhoff PublishersThe Limits of Maritime Jurisdiction ‘comprises 36 chapters by leading ocean scholars and practitioners devoted to both the definition of maritime limits and boundaries spatially and the limits of jurisdictional rights within claimed zones.’ Ben’s paper reviews several policy options for establishing marine protected areas in Antarctic waters, and identifies how international legal frameworks both constrain and enable their implementation.

New Report on Enhanced Oil Recovery Published

By Richard B Macrory, on 17 September 2013


The Centre’s Carbon Capture and Legal Programme has published a new report analysing in depth for the first time environmental and energy legislation relating to enhanced oil recovery operations (EOR) in the United Kingdom using carbon dioxide. In the current depressed emissions trading market combined with a continuing squeeze on public finances,  operations that combine enhanced oil recovery with carbon capture and storage (CCS) may proved vital for securing commercial investment in CCS.

The Report examines international conventions, the 2009 EU Directive, and the regulations implementing the Directive within the United Kingdom. It is clear that recent CCS legislation, especially the EU Directive, has not been drafted with the full implications of EOR taken on board, and the Report idenfities a number of signficiant legal issues where EOR operations are combined with long-term CO2 storage.

‘Legal Status of CO2 – Enhanced Oil Recovery’ written by Professor Richard Macrory with Chiara Armeni, Chris Clarke, Sarah Doherty, Eva Van Der Marel, Ben Milligan, and Ray Purdy was commissioned by the University of Edinburgh’s Scottish Carbon Capture and Storage (SCCS) and is available on their web-site.

New article on SSRN

By Joanne Scott, on 9 August 2013

Joanne Scott has posted her new article entitled ‘Extraterritoriality and Territorial Extension in EU Law’ on SSRN. The article will be published in the American Journal of Comparative Law in early 2014. This examination of the topic of extraterritoriality was motivated by the decision of the EU to include aviation in its emissions trading scheme.

Recently Published Environmental Law Articles

By Richard B Macrory, on 9 July 2013

Below is a list of recently published articles by Richard Macrory, Director of the Centre for Law and the Environment.

MACRORY  (2013)  Sanctions and Safeguards–the Brave New World of Regulatory Enforcement  Current Legal Problems 2013; doi: 10.1093/clp/cut006 An analysis of the development of new approaches to regulatory sanctions under the Regulatory Enforcement and Sanctions Act 2008 including personal insights into the processes of legislative development

MACRORY (2013) ‘The United Kingdom’ in R Macrory J Jans and A Moreno Molina (eds)  National Courts and EU Environmental Law  Europa Law Publishing    Considers how over the last decade or so the UK courts have handled the EU doctrines of sympathetic interpretation, direct effect and Frankovitch damages in environmental cases.

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    Critically examines the principle of consistent or sympathetic interpretation as developed by the Court of Justice of the European Union, against the background of its application by national courts in environmental cases.


New EU Environmental Law Book Published

By Richard B Macrory, on 5 July 2013

National Courts Law and EU Enviromental Law bookA new book on EU environmental law, co-edited by Richard Macrory director of the Centre for Law and the Environment, has just been published by Europa Law Publishing.  Over a number of years the Court of Justice of the European Union has developed various doctrines (sympathetic interpretation, direct effect, etc.)  which allow national courts to apply EU law where Member States have failed to transpose correctly.

As Lord Carnwath of the UK Supreme Court notes in his Foreword, National Courts and EU Environmental Law ‘for the first time provides a systematic and comparative analsyis of how national courts handle these principles in the cases before them. The book includes thirteen case-studies plus cross-cutting analytical chapters.

National Courts and EU Environmental Law  emerged from work of the Avosetta Group, a small informal group of lawyers whose main purpose is to further the development of environmental law in the European Union and Member States.  Avosetta is the Latin name of a rare bird which caused the European Court of Justice to establish far reaching principles of European nature protection law in the German dykes case (Commission v Germany [1991] ECR I-882)

The editors presented the first copy to the host of the Helsinki meeting of the Avosetta group, prof. Ari Ekroos, on 31 May 2013. From left to right: prof. Moreno-Molina, prof. Macrory, prof. Ekroos and prof. Jans.

Paperback, 403 Pages  ISBN  9789089521354   € 68

New Book on Satellite Monitoring

By Ray Purdy, on 5 December 2012

Ray Purdy (Centre for Law and the Environment) and Denise Leung (formerly Centre for Law and the Environment, UCL Laws – now World Resources Institute) are editors of a new book released in December 2012. The 498 page volume entitled Evidence from Earth Observation Satellites: Emerging Legal Issues is published by Martinus Nijhoff / Brill (Leiden).

 Satellite technologies are rapidly improving, offering increased opportunities for monitoring laws, and using images as evidence in court. Evidence from Earth Observation Satellites analyses whether data from satellite technologies can be a legally reliable, effective evidential tool in contemporary legal systems. This unique interdisciplinary volume brings together leading experts to consider many emerging issues surrounding the use of these technologies in legal strategies. Issues examined include the evidential opportunities arising from technological developments, existing regulatory applications and operational experiences at national and international level, and admissibility in courts and tools for ensuring the integrity of evidence. It also examines privacy impacts under existing legislation and provides a new conceptual framework for debating the acceptability of such surveillance methods.


New paper: spatial planning for offshore carbon dioxide storage

By Ben M Milligan, on 18 October 2012

Centre members Ben Milligan and Chiara Armeni have recently completed a paper entitled ‘Marine spatial planning for emerging marine activities: a case study of law and policy concerning offshore carbon storage in the United Kingdom’. Ben Milligan presented the paper at the 7th Conference of the Advisory Board on the Law of the Sea (Monaco, 3 – 5 October 2012), which is convened by the International Hydrographic Organisation and the International Association of Geodesy.

The paper identifies key design features of the United Kingdom’s framework for marine permitting and spatial planning, appraising the extent to which they enable orderly deployment of offshore CO2 storage technology. The paper and accompanying presentation will be published on the conference website.

See here for an overview of the Centre’s Carbon Capture Legal Programme.

‘Think Pieces’ on current legal issues on CCS

By Ben M Milligan, on 5 October 2012

The Carbon Capture Legal Programme has commissioned several ‘Think Pieces’ from those with an expertise or particular perspective on legal developments concerning CCS. The pieces aim to provide an brief insight into discrete topics with a view to provoking further discussion and research.

Additional Think Pieces will be added throughout the duration of the Programme. If you are interested in contributing a Think Piece to the site please contact one of the Centre members.

For further information about the Carbon Capture Legal Programme, click here.

Current Think Pieces:

From EOR to E2R: Sequestering CO2 while reducing dependence on imported oil (May 2011)
Philip M. Marston
The new regime for CCS in Spain: an overview (April 2011)
Angel-Manuel Moreno
CO2 Emission Performance Standards: a submission to the UK Select Committee on Energy and Climate Change (October 2010)
Richard Macrory
Working Party Report on the arrangements needed to develop the Infrastructure for Carbon Capture and Storage in the UK (July 2010)
Lord Oxburgh et al
The Gorgon Project: legal and policy issues (March 2010)
Andrew Beatty, Ilona Millar and Megan Flynn
Legislating to quantify risk and increase the financial viability of CCS projects (March 2009)
Calum Hughes
Carbon Capture and Storage in the Clean Development Mechanism: overcoming the stalemate (September 2008)
Pedro Martins Barata
Site Exploration: Are We Developing a Sensible Regulatory Regime? (September 2008)
Richard Macrory
Current CCS regulation in Norway (April 2008)
Nina K. Hallenstvedt

Carbon Capture and Storage: Emerging Legal and Regulatory Issues

By Eva R Van Der Marel, on 1 September 2011

An important new book, edited by Ian Havercoft (formerly Senior Research fellow with UCL’s Carbon Capture Legal Programme and now with the Global CCS Institute), UCL Laws Professor Richard Macrory (Director, UCL CCLP) and Professor Richard Stewart of NYU, has just been published. Carbon Capture and Storage: Emerging Legal and Regulatory Issues brings together some of the world’s leading practitioners and scholars working in the field of carbon capture law and regulation to provide a critical assessment of progress to date and challenges on the horizon. The book is “essential reading for lawyers, policy-makers, and decision-makers in industry involved in climate change policy and law.”

Professor Macrory spoke recently about the book in a two-part interview with Kristina Stefanova of the Global CCS Institute. For more information:

Global CCS blog: Richard Macrory Interview Part 1
Global CCS blog: Richard Macrory Interview Part 2
Hart Publishing website
UCL Carbon Capture Legal Programme

Lyster’s International Wildlife Law published in second edition

By Eva R Van Der Marel, on 1 January 2011

Professor Catherine Redgwell’s book, Lyster’s International Wildlife Law, co-authored with Michael Bowman (University of Nottingham) and Peter Davies (University of Nottingham), has been published in second edition. The development of international wildlife law has been one of the most significant exercises in international law-making during the last fifty years. This second edition coincides with both the UN Year of Biological Diversity and the 25th anniversary of Simon Lyster’s first edition.

The risk of wildlife depletion and species extinction has become even greater since the 1980s. This new edition provides a clear and authoritative analysis of the key treaties which regulate the conservation of wildlife and habitat protection, and of the mechanisms available to make them work. The original text has also been significantly expanded to include analysis of the philosophical and welfare considerations underpinning wildlife protection, the cross-cutting themes of wildlife and trade, and the impact of climate change and other anthropogenic interferences with species and habitat.Lyster’s International Wildlife Law is an indispensable reference work for scholars, practitioners and policy-makers alike.

For further details please see the Cambridge University Press website.

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Catherine Redgwell