853 research outputs found

    Roman Law and Waters: How Local Hydrography Framed Regulations

    Get PDF
    Is there a relationship between the conceptualisation of water and its regulation? There is no simple orobvious answer to this question. This paper contends that the Roman regulatory framework mirrored thefragmented conceptualisation of water that was dominant in pre-modern times. The paper aimsto show that waterregulation is sensitive to the particular conceptualisation of water that a society adopts, which in turn reflects thespecific historical period in which it is embedded. It also aims to show that there may be a way to deal with localhydrography differently from the paradigm currently promoted by the integrated water resource managementframework. These considerations are not moot in today’s discussions on water resource management.<br/

    Water law and municipal water in an era of technological development

    Get PDF

    The Death of Laws: Mandatory Requirements and Environmental Protection

    Get PDF
    Legal change is usually seen as aprocess exogenous to law. In this article, we argue thatlaws, even if left untouched by the politicalprocess, decay of their own accord. The firstpart develops the argument in conceptual form. The second illustrates it through anexample from European Union law. Specifically, it shows that the Court of ustice ofthe European Union's 'mandatory requirements'doctrine was gradually hollowed out.<br/

    Roman Law and Waters: How Local Hydrography Framed Regulations

    Get PDF
    Is there a relationship between the conceptualisation of water and its regulation? There is no simple orobvious answer to this question. This paper contends that the Roman regulatory framework mirrored thefragmented conceptualisation of water that was dominant in pre-modern times. The paper aimsto show that waterregulation is sensitive to the particular conceptualisation of water that a society adopts, which in turn reflects thespecific historical period in which it is embedded. It also aims to show that there may be a way to deal with localhydrography differently from the paradigm currently promoted by the integrated water resource managementframework. These considerations are not moot in today’s discussions on water resource management.<br/

    The Death of Laws: Mandatory Requirements and Environmental Protection

    Get PDF
    Legal change is usually seen as aprocess exogenous to law. In this article, we argue thatlaws, even if left untouched by the politicalprocess, decay of their own accord. The firstpart develops the argument in conceptual form. The second illustrates it through anexample from European Union law. Specifically, it shows that the Court of ustice ofthe European Union's 'mandatory requirements'doctrine was gradually hollowed out.<br/

    Water law and municipal water in an era of technological development

    Get PDF

    Water: Conceptualisations, Regulatory Approaches and Scrutinising EU Water Law

    Get PDF

    Water: Conceptualisations, Regulatory Approaches and Scrutinising EU Water Law

    Get PDF

    Regulating eco-innovation in the European Union

    Get PDF
    This article develops a framework to guide the EU in the choice of legal form for the regulation of eco-innovation. The framework distinguishes between uncertain and risky applications of eco-innovation. An uncertain eco-innovation, which poses an incalculable risk, is more difficult to regulate because the EU legislator needs to accumulate information in order to plug gaps in knowledge. In that context, directives are superior to regulations because they are conducive to experimentation and information accumulation. Risky eco-innovations, conversely, should be covered by regulations; otherwise, the cost of legal heterogeneity would outweigh the benefits of information accumulation. We also show that there are ways of conceptualising the choice between directives and regulations that are more productive than the sovereignty-versus-competition model that predominates in current legal thinking.</p
    • …
    corecore