‘What's in a Name? The Covenant of Mayors
as Transnational Environmental Regulation (pages 78–90); Vol
22(1) RECIEL (2013).
This article asks whether the Covenant
of Mayors – a transnational network that aims to reduce
CO2 emissions in European towns and cities – amounts to
transnational environmental regulation. It answers in
the affirmative. The relevance of treating the Covenant
of Mayors as transnational environmental regulation is
that this triggers qualitative expectations about how
decision-making power will be wielded within the
network. The article indicates that the Covenant is
likely to clear some of these qualitative hurdles, but
may struggle with others. This calls for further
deliberation on how to bolster the legitimacy of
transnational environmental regulation without forsaking
its flexibility and innovative drive. Considering that
the outlook for the swift, successful adoption of a
global, binding regulatory regime for climate change is
bleak, the world will likely remain dependent on
alternative, transnational initiatives as drivers for
change. The ramifications of this debate therefore
considerably exceed the scope of the Covenant of Mayors
itself.
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'Regulatory Competition - Accounting For
the Transnational Dimension of Environmental Regulation'
Journal of Environmental Law (2012) 25 (1) pp.1-31
This article argues that the study of regulatory competition can be
significantly enhanced by taking into account the impact of transnational
environmental law and regulation. The rapid growth of environmental
regulation beyond the level of the state does not foreclose
opportunities for competition, but it will affect how environmental
regulators compete. Most importantly, national as well as non-state
regulators may become less inclined to ‘race to the bottom’ or ‘race to
the top’. Instead, transnational environmental regulation triggers the
emergence of new competitive patterns that respond more strongly to
the design, mode of instrumentalisation, implementation and governance
of environmental standards than to their quantity and stringency.
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‘Introducing Transnational Environmental
Law’ (2012) 1(1) Transnational Environmental Law, pp.
1-11 (with Thijs Etty)
'Governing Climate Change. Towards a New
Paradigm for Risk Regulation' (2011) 74:6 The Modern Law
Review, pp. 817-844
This article argues that the ascent
of climate change on the EU regulatory agenda
signals a new era of risk regulation and calls for
the establishment of a new paradigm for risk
regulation. Climate change is altering the EU's
conception of environmental risks and its design of
regulatory responses. In contrast to conventional
risk regulation, climate change regulation must
prioritise the risks of business-as-usual over the
risks of change, must target systemic change instead
of stability, and must favour the virtues of
integration and orchestration over those of
individualisation and compartmentalisation. There is
an important role for risk regulation scholarship to
analyse this shift and its consequences for
regulation, such as the relocation of legitimacy
needs and the emergence of new risks of regulatory
failure. Such an enterprise would both reinvigorate
risk regulation scholarship and offer a vital
contribution to the European Union as it tackles the
momentous challenge of climate change governance.
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'Aarhus to Helsinki: Participation in
Environmental Decision-Making on Chemicals' Chapter 7 of
Interactions and Tensions between Conventional International
Law and EU Environmental Law (Europa : 2011)
'Regulating Chemical Risk: REACH in a
Global Governance Perspective' in Regulating Chemical
Risks, European and Global Challenges, Eriksson, Johan;
Gilek, Michael; Rudén, Christina (eds.) (Springer : 2010)
This important contribution to the
scientific understanding of chemical risk regulation
offers a coherent, comprehensive and updated
multidisciplinary analysis, written by leading experts
in toxicology, ecotoxicology, risk analysis, media and
communication, law, and political science.
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'Levelling Down, Levelling Up, and
Governing Across: Three Responses to Hybridization in
International Law' European Journal of International Law
2009 20(3):647-674
This article investigates developed countries' financial
and technical assistance commitments under the Stockholm Convention on
Persistent Organic Pollutants. It shows that their organization is secured
through the establishment of a hybrid implementation network, involving the
cooperation of state and transnational actors, and argues that institutional
hybridization affects the quality and status of treaty norms. The norms defy
a classification into either hard or soft law, but contain elements of both.
Institutional and normative hybridization is at once a productive response
to the emergence of global risks, and a source of new challenges. The
article identifies the diffusion of accountability, the complication of
enforcement, and the dilution of the communicative role of international law
as challenges flowing from hybridization, and develops three responses:
'levelling down', which emphasizes the contractual nature of international
agreements; ‘levelling up’, which strengthens state accountability; and
'governing across', which constitutionalizes the transnational actors in the
implementation network. The advantages and drawbacks of each response are
reviewed, and suggestions for reform developed.
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'Globalizing regulation: reaching beyond
the borders of chemical safety' Journal of Law and
Society 2009, 36(1), 110-128.
This article argues that although globalization can benefit both exporters and importers of regulation in absolute terms, it may turn the globalization of regulation into a game with relative winners and losers. Using the EU REACH Regulation of chemicals as a case study, it explores the normative, social, economic, and strategic reasons that push the EU to promote the global adoption of REACH. Notwithstanding its attractions, rules globalization may result in a mismatch between global norms and local priorities, particularly for developing countries. It reduces regulatory diversity, and amplifies the strengths but equally the weaknesses of the dominant regulatory framework. While it can foster international trade through mutual recognition of regulatory decisions and the development of transnational regulatory frameworks, it increases the likelihood of conflict and trade flow desequilibria. The article calls for further careful consideration of rules globalization, so that harmonization does not come at the expense of local interests and values.
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'The EU’s Chemicals Policy: Towards
Inclusive Governance?' in E. Vos, European Risk
Governance: Its Science,Its Inclusiveness and Its
Effectiveness (CONNEX book series, Mannheim); first
published as 'The EU’s Chemicals Policy: Towards Inclusive
Governance?' (LSE Law Department Working Paper, March 2008)
'No Data, No Market. The Future of EU Chemicals Control under
the REACH Regulation' Vol. 9 Environmental Law Review, pp. 201-206
“Overleven in het Europees gemeenschapsrecht: het
voorzorgsbeginsel tussen integratie en identiteitsverlies”
(“Surviving in European Community Law: the precautionary principle
between integration and identity loss”) SEW Tijdschrift voor
Europees en Economisch Recht (Issue 9), pp. 306-315 (approx.
8500 w)
'Facing the Consequences of the
Precautionary Principle in European Community Law' Vol. 31
European Law Review (2006, Issue 2), 185-207
This essay gauges the
impact of the precautionary principle on Community
decisions. To this end it reviews, first, judicial
challenges of EC decisions accused of being
insufficiently precautionary (“insufficient precaution”
challenges), and, second, challenges arguing that the
scrutinised decision is overly precautionary (“excessive
precaution” challenges). The analysis indicates that it
is prohibitively difficult for a private party to mount
a successful “insufficient precaution” challenge. The
positive trust-enhancing effect of the precautionary
principle is negligible. The review of “excessive
precaution” challenges illustrates the Courts’ struggle
simultaneously to validate broad discretion in
decision-making and guarantee the substantive quality of
precautionary decisions. The essay posits that current
attempts to reconcile these two objectives create
confusion, and may erode the credibility of
decision-making. To avert this, and to strengthen the
principle’s positive trust-enhancing effect, the
Community must openly acknowledge the institutional
empowerment that the precautionary principle entails,
and devise a strategy to counterbalance it.
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'Guidance Without Constraint: Assessing the Impact of the
Precautionary Principle on the European Community’s Chemicals
Policy' Vol 6. Yearbook of European Environmental Law (2006),
27-60
The
Yearbook of European Environmental Law brings together
topical analyses of contemporary European Environmental
Law. Leading European and American academics provide
in-depth scholarly articles covering a wide range of
challenging issues. The Yearbook contains an easily
accessible Annual Survey providing legal practitioners,
academics, and policy-makers with detailed and
indispensable information on current and future European
environmental law. In addition the Yearbook features
summaries and full texts of preparatory commission
documents, green books, and other discussion papers, as
well as a selection of reviews of books.
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'Codificazione e centralizzazione da
un punto di vista inglese' in D. De Carolis, E. Ferrari & A. Police
(eds.), L’ambiente e l’attivita amministrativa
(Milano, Giuffre, 2006)
'Codification and Centralisation of Environmental Law: a UK Perspective' Rivista Italiana di Diritto
Pubblico Comunitario (2005, Issue 5)
'Wie wordt er wijzer van. Enige
bedenkingen bij het recht op toegang tot milieu-informatie' ('Who is
any wiser? Pondering the right of access to environmental
information') in Christine Larssen, Dix ans d’access a
l’information en matiere d’environnment en droit international,
europeen et interne. Bilan et Perspectives. Actes du colloque
organise par l’Association Belge du Droit de l’Environnement et
l’ULB (Bruxelles, Bruylant, 2003), 17-33
'Trade and the Environment:
Proportionality Substituted?', Vol. 13 Journal of Environmental
Law (2001, Issue 3), 392-407
'Institutions for Regulating
Risk', with Stephen Breyer, in Richard B. Stewart, Richard L. Revesz
& Philippe Sands (eds.), Environmental Law, the Economy and
Sustainable Development (Cambridge University Press, 2000),
283-352
This book provides a
comparative analysis of environmental regulation in
multi-jurisdictional legal and political systems,
focusing on the United States, the European Union, and
the international community. Each of these systems must
deal with environmental interdependencies that cross
local borders. Some transjurisdictional environmental
problems are global, including stratospheric ozone
depletion, climate change, and the loss of biodiversity.
Other environmental problems, however, are localised in
their effect on health and the environment: for example,
municipal waste disposal, many forms of pollution and
resource development, and drinking water quality. These
varying jurisdictional and environmental circumstances
pose the central question of how responsibility for
addressing different environmental problems should be
allocated among the different levels of decision making
and implementation in a multi-jurisdictional system.
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Veerle
Heyvaert
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