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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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The Habitats Directive in its EU Environmental Context: European Nature's Best Hope?

Edited by: Charles-Hubert Born, An Cliquet, Hendrik Schoukens, Delphine Misonne, Geert Van Hoorick

ISBN13: 9781138019584
Published: November 2014
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £95.00

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This book analyses the Habitats Directive; one of the most prominent piece of EU environmental legislation of the past decades.

Seen by some as the cornerstone of Europe's nature conservation policy, among other measures the Directive established the so-called "Natura 2000" ecological network, which covers more than 18% of the surface of the EU. However, despite the fact the Directive was adopted over twenty years ago only 17% of the protected habitats and species in Europe are being adequately protected while 10-60 % of animal species remain under threat.

In light of the limited success and the contested nature of the Habitats Directive so far this book examines the successes and failures of the Habitats Directive from a legal and political angle.

The book brings together international experts to consider the application, implementation and future of the Habitats Directive in order to assess whether the Habitats Directive is resilient enough to tackle biodiversity loss in the twenty- first century.

Particular emphasis is put on the legal regime attached to the Natura 2000 network and its possible impact on land development and the relationship between the Habitats Directive and other topics including liability for ecological damage and trans-boundary nature conservation.

Environmental Law
Foreword, Janez Potocnik
1. Introduction, Charles-Hubert Born, An Cliquet, Hendrik Schoukens, Delphine Misonne and Geert Van Hoorick

Part 1: The rationale and the added value of the Habitats Directive
2. Global objectives and scope of the Habitats Directive: what does the obligation of result mean in practice?, Marc Clement
3. The added value of the Habitats Directive: is biodiversity in a better conservation status since the Habitats Directive has entered into force?, Carlos Romao

Part 2: Natura 2000: protecting and enhancing the world's biggest ecological network
4. Sites selection, designation and evolution: how coherent is the Natura 2000 network?, Hans Woldendorp
5. Conservation objectives and site's management planning: is there a need for an integrated, ecosystem approach?, Lucile Stahl
6. Instruments for sites active management of Natura 2000 sites: balancing between stakeholders and nature conservation?, Agustin Garcia Ureta
7. Existing activities and projects in Natura 2000 sites: legal certainty versus nature conservation?, Hendrik Schoukens
8. Appropriate Impact Assessment: the key to effective integration of nature conservation issues into land use planning ?, Francis Haumont
9. Compensatory measures under art.
6 (4) of the Habitats Directive: no net loss for Natura 2000?, Donald McGillivray

Part 3: Species protection: the "forgotten part" of the Habitats Directive?
10. Species protection under European law: how strict is strict?, Kees Bastmeijer
11. The impact of species protection on land use planning: towards a more proactive approach?, Christoph Sobotta
12. Trade in wild species: the difficult relationship between nature conservation and the free movement of goods, Nicolas De Sadeleer,

Part 4: Transversal issues: the Habitats Directive and its neighbours
13. Liability for ecological damage: the added value of the Environmental Damage Directive for nature conservation?, Valerie Fogleman
14. Property rights vs. nature conservation: an never-ending battle?, Gerd Winter
15. The enforcement challenge : how to fill the gap between theory and practice?, Ludwig Kramer
16. Transboundary nature conservation: are there no boundaries within the Natura 2000 network?, Alexandra Aragao

Part 5: Science-policy and nature conservation: best friends forever?
17. Restoring nature in the EU: the only way is up?, An Cliquet
18. Connectivity: is Natura 2000 only an ecological network on paper?, Jonathan Verschuuren
19. Habitats Directive and climate change: can the law really tackle ecological dynamics?, Arie Trouwborst
20. Invasive alien species prevention, control and eradication: mission impossible?, Delphine Misonne
21. Monitoring biodiversity: how to integrate science into decision making?, Gerald Louette
22. Scientific uncertainty, precaution and adaptive management: how to cope with the unknown?, Eve Truilhe-Marengo
23. Coexistence between humans and large carnivores: rewilding Europe?, Jan Darpo

Part 6: Nature conservation at sea: a brave new world?
24. Maritime spatial planning: will there still be some space left for nature?, Frank Maes
25. Natura 2000@sea: towards a well-managed marine ecological network?, Thomas Rammelt, Stichting de Noordzee
26. Natura 2000 and fisheries: a question of competence or willingness?, Harm Dotinga
27. Harbours and Natura 2000: new avenues for both sides?, Frank Neumann
28. Marine species protection and management: who will save our dolphins?, Sandy Luk
29. Enforcement@sea: expect the unexpected?, Philippe Vincent
30. Marine nature conservation law in its broader context: connecting national, EU and international legal orders ?, Marleen van Rijswick

Part 6: The integration of nature conservation in other policy areas: 20 years of solitude?
31. Nature conservation, agriculture and forestry: how to really green the CAP?, Isabelle Doussan
32. Nature conservation and water management: one battle?, Peter De Smedt
33. Nitrogen deposition and Natura 2000: what can we learn from the Dutch approach?, Chris Backes
34. Nature outside protected areas: an outlaw waiting to be saved?, Geert Van Hoorick

Part 7: New approaches to nature conservation: a quick glance at the future?
35. Ecosystem services for nature conservation: what is the real value of nature?, Kathleen Mertens
36. Green Infrastructure and integrated planning: towards a broader and integrated conservation strategy?, Charles- Hubert Born
37. Temporary nature: is European conservation law ready for it?, Hendrik Schoukens
38. Habitat banking: will the markets save our species?, Moritz Reese
39. General conclusions