Subjects:

Environmental Law

Contents:

1. Introduction

2. Traditional Perspectives on the role of law in EU integration

3. Critical Perspectives on the role of law in EU integration

4. What is EU ‘

law in action’

?

5. Talking interests –

generating procedure: How political discourse constructs key aspects of BAT determinations in BREFs

6. Variation in open and closed BAT norms

7. What does it cost? Economic discourse in the determination of ‘

the best available techniques’

under the IPPC Directive

8. Does ‘

law’

integrate? Licensing German and English coke ovens under the IPPC Directive

9. Conclusion.

Through a detailed analysis this book examines the role of law in European Union integration processes through the implementation of the EU Directive on Integrated Pollution Prevention and Control at European Level and in the UK and Germany. The book questions traditional conceptions which perceive law as the ‘formal law in the books’, as instrumental and as relatively autonomous in relation to its social contexts.

The book also discusses in depth how the key legal obligation on the Directive, to employ ‘the best available techniques’, is actually implemented. This research locates the analysis of the implementation of the IPPC Directive in the wider context of current, cutting-edge political science and sociology of law debates about the role of law in EU integration processes, the nature of EU law, new modes of governance and the significance of ‘law in action’ for understanding legal process.

• The books analysis is based on original, qualitative empirical data collected and analysed by the author
• Connects areas of literature which so far have not been linked, i.e. political science literature on the role of law in EU integration & sociology of law literature on ‘law in action’
• An innovative framework for understanding the nature of EU law which is significant for EU legal theory beyond the specific focus on environmental law