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Journal articles on the topic 'Environmental law, netherlands'

Author: Grafiati

Published: 11 December 2022

Last updated: 26 January 2023

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1

Hey, Ellen. "THE NETHERLANDS AND A CENTURY OF INTERNATIONAL ENVIRONMENTAL LAW." Netherlands International Law Review 57, no. 02 (July 28, 2010): 323–46. http://dx.doi.org/10.1017/s0165070x10200098.

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2

Nollkaemper, André. "Judicial Application of International Environmental Law in the Netherlands." Review of European Community & International Environmental Law 7, no. 1 (April 1998): 40–46. http://dx.doi.org/10.1111/1467-9388.00125.

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3

Betlem, Gerrit. "Environmental Locus Standi in The Netherlands." Review of European Community & International Environmental Law 3, no. 4 (August 26, 2006): 238–45. http://dx.doi.org/10.1111/j.1467-9388.1994.tb00182.x.

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4

Tolsma, Hanna Dürtge. "Improving Environmental Permitting Systems: Integrated Permits in the Netherlands." Central European Public Administration Review 12, no. 2-3 (November 6, 2014): 81–98. http://dx.doi.org/10.17573/ipar.2014.2-3.a05.

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Environmental law originally developed in a fragmented way (sectoral legislation protecting water, soil or air). This fragmented approach towards environmental protection caused problems. Citizens and businesses applying for a permit are confronted with a range of procedures with a variety of different time limits, assessment criteria and legal remedies. Comparative law research shows that the integration of legislation in the field of environmental law is a growing trend. Policymakers feel the necessity to integrate decision-making in order to optimise the protection of the environment. The first part of this article contains a brief overview of the concept of an integrated process for the granting of environmental permits. The second part discusses the idea of environmental model 4 permit, which has been but forward in the Netherlands. It is questionable if this specific concept of integrated environmental permitting can be achieved within the constraints of Dutch administrative law.

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5

Verschuuren, Jonathan. "Does Environmental Law Encourage Obstruct Eco-Innovations? Evidence from Case Studies in the Netherlands." European Energy and Environmental Law Review 26, Issue 2 (April 1, 2017): 51–59. http://dx.doi.org/10.54648/eelr2017006.

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Environmental law does not necessarily promote innovations that lead to drastic improvement of environmental performance (eco-innovations). The focus of EU environmental law on best available techniques is exemplary. Businesses often complain that environmental law hampers innovation, even innovations that have tremendous positive impacts on the environment. This article reports on a study we did to see whether this complaint is justified. We did a literature study into the relationship between innovation and environmental law to find out whether and how environmental law can promote innovation. Then, we did six detailed case studies into recent innovation projects in the Netherlands, to assess whether and if so how environmental law in practice was a stimulus or an obstacle to these innovations. The research shows that current environmental law does not foster eco- innovation. It also shows that environmental law indeed sometimes hampers eco-innovations, but that a transparent process, involving all stakeholders from the start, limits this risk and allows for circumnavigation of the possible legal obstacles.

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Bekkers, Victor, and Jonathan Verschuuren. "INTEGRATION OF ENVIRONMENTAL OBJECTIVES INTO AGRICULTURAL POLICY AND LAW IN THE NETHERLANDS." Tilburg Law Review 5, no. 4 (January 1, 1996): 323–34. http://dx.doi.org/10.1163/221125996x00058.

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7

Roland Holst, Rozemarijn. "The Netherlands: The 2018 Agreement between The Ocean Cleanup and the Netherlands." International Journal of Marine and Coastal Law 34, no. 2 (April 29, 2019): 351–71. http://dx.doi.org/10.1163/15718085-13421090.

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Abstract The Ocean Cleanup is a Dutch non-profit organisation on a mission to develop and deploy pioneering technology to rid the oceans of plastic. Considering the unique nature of the activity and the technology involved, it is not immediately self-evident which international regulations are directly applicable to this novel use of the high seas. The Dutch government, however, pledged to support the endeavour, and entered into a tailor-made Agreement with The Ocean Cleanup in order to ensure that its activities are conducted in accordance with general international law on maritime safety, the protection of the marine environment, and other legitimate uses of the high seas. This article reflects critically on the parties’ choice to base the Agreement ‘by analogy’ on the Law of the Sea Convention’s provisions on marine scientific research, and analyses the relationship of its core provisions with applicable international law, as well as identifying potential gaps.

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8

HUPPES, GJALT, and ROBERT A. KAGAN. "Market-Oriented Regulation of Environmental Problems in the Netherlands." Law & Policy 11, no. 2 (April 1989): 215–39. http://dx.doi.org/10.1111/j.1467-9930.1989.tb00027.x.

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9

AALDERS, MARIUS. "Regulation and In-Company Environmental Management in the Netherlands." Law & Policy 15, no. 2 (April 1993): 75–94. http://dx.doi.org/10.1111/j.1467-9930.1993.tb00095.x.

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10

Hossain, Mohammad Belayet, Asmah Laili Bt Yeon, and Bin Ahmad Shamsul Abd Aziz. "Environmental Protection and the Bilateral Investment Treaties of Malaysia and Netherlands: A Comparison." European Energy and Environmental Law Review 28, Issue 5 (October 1, 2019): 185–96. http://dx.doi.org/10.54648/eelr2019020.

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In absence of any global treaty, the bilateral investment treaties are playing an important role of regulating foreign investments in the host countries. According to the United Nations Conference on Trade and Development, there are 2361 bilateral investment treaties are in force and like other members of the World Trade Organization, Malaysia and Netherlands also signed bilateral investment treaties to facilitate trade. The primary purpose of economic globalization is the economic development of the developing and least-developed countries as well as to facilitate benefits of the home states. Malaysia foreign investment laws and bilateral investment treaties mainly protects foreign investors, however, neither of them has any specific provision of protecting environment. The Environmental Quality Act 1974 standard in Malaysia is not high like many developed countries such as Netherlands and significantly lack any provision to sustainable development. This article addresses two questions: (a) do the bilateral investment treaties of Malaysia and Netherlands has any specific provision to protect the environment? (b) should the environmental protection be considered during the entry of foreign investment in Malaysia and Netherlands? Using doctrinal research method, we critically analysed twenty-one bilateral investment treaties signed by both Malaysia and Netherlands with same countries to explore whether there is any reference of protecting environment. We find that the existing Malaysia and Netherlands bilateral investment treaties have provisions to promote and protect foreign investments but have no reference (except Netherlands-United Arab Emirates BIT) of protecting environment. Therefore, both governments should consider this important factor while signing any future bilateral investment treaties.

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11

Seerden, René. "Recent and Future Developments in (the System of) Environmental Law in the Netherlands." Revue Juridique de l'Environnement 38, no. 1 (2013): 49–72. http://dx.doi.org/10.3406/rjenv.2013.5787.

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12

Mostert, Erik. "Law and Politics in River Basin Management: The Implementation of the Water Framework Directive in The Netherlands." Water 12, no. 12 (November 30, 2020): 3367. http://dx.doi.org/10.3390/w12123367.

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This article discusses the implementation of the Water Framework Directive (WFD) in the Netherlands and shows how law and politics combine in river basin management. Initially, the implementation of the WFD in the Netherlands was approached as a technical and administrative issue, handled by water quality and ecology experts, but, in 2003, this approach was broken open by the agricultural sector, who feared stricter regulation. Subsequently, the environmental objectives of the WFD were set as low as possible and they play no role when authorising new projects. In July 2015, however, the European Court of Justice determined that the environmental objectives have a binding effect and that Member States have to refuse authorisation of projects that jeopardise the achievement of these objectives. This example shows the important role that law as a social phenomenon or “field” can play in river basin management, provided the courts enjoy sufficient social and political support and function relatively independently, as they do in the Netherlands. The article discusses the origin of the juridical field and its relation with politics and concludes that, to understand river basin management fully, it is essential to understand how (water) law functions.

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13

Backes, Chris. "Organizing Technical Knowledge in Environmental and Planning Law Disputes in the Netherlands the Foundation of Independent Court Experts in Environmental and Planning Law." European Energy and Environmental Law Review 27, Issue 4 (August 1, 2018): 143–50. http://dx.doi.org/10.54648/eelr2018017.

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In the Netherlands, the technical knowledge needed by judges to decide on environmental and planning law is organized in an atypical way. The Stichting Advisering Bestuursrechtspraak (STAB, Foundation of Independent Court Experts in Environmental and Planning Law) has the sole purpose of supplying the technical expertise needed by the administrative judges. One might question the need for such a, at first sight, relatively costly system. Furthermore, there may be concerns about the independence and impartiality of the STAB. This paper will explore the functioning of the STAB and discuss these possible concerns, mainly on the basis of the existing evaluation reports. It will be seen that the concerns are largely ill-founded and that the STAB is highly appreciated by its customers, the courts and by third parties. Although the existence of the STAB is due to specific historical circumstances, it could become a role model for other countries.

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14

van Lynden, Carel J. H., and Pieter Ruitinga. "The Netherlands." International Journal of Marine and Coastal Law 8, no. 1 (1993): 168–71. http://dx.doi.org/10.1163/157180893x00288.

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15

van Rij, Evelien, and Willem K. Korthals Altes. "Integrated air quality and land use planning in The Netherlands." International Journal of Law in the Built Environment 6, no. 1/2 (April 8, 2014): 194–210. http://dx.doi.org/10.1108/ijlbe-03-2013-0007.

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Purpose – This paper aims to review the rescaling of integrated planning policies for the built environment by the transposition of European directives on air quality in The Netherlands. Design/methodology/approach – This is a case study examining European and Dutch policies, legislation, case law and reports by various Dutch Courts of Auditors and assessment agencies. Findings – The paper reveals how a combination of measures that prohibit practices and measures constituting new ways of working has facilitated environmental protection and integrated planning. The case shows that transposition matters. At first, the aim of transposing European environmental directives into an integrated national legal system resulted in an erosion of integrated planning as courts nullified new development decisions. In later instances, it resulted in the National Cooperation Programme on Air Quality (NSL), an integrated system, allowing the weighing and monitoring of all policies that affect air quality. Research limitations/implications – The findings of this study of Dutch air quality regulation may contribute to other studies into the rescaling of environmental governance in relation to interactions between central norm-setting and integrated local policies. Practical implications – The case study shows a real working institutional system that relies on an interactive web tool that facilitates integrated planning decisions which respect environmental limit values. The problems faced and opportunities the system afforded are also discussed. Originality/value – This paper increases understanding of the process of the transposition of European directives in relation to integrated policies for the built environment, with a specific emphasis on ambient air quality.

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16

Arentsen, Maarten J. "Negotiated Environmental Governance in The Netherlands: Logic and Illustration." Policy Studies Journal 29, no. 3 (July 6, 2005): 499–513. http://dx.doi.org/10.1111/j.1541-0072.2001.tb02106.x.

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17

Donati, Franco, and Arnold Tukker. "Environmental Pressures and Value Added Related to Imports and Exports of the Dutch Agricultural Sector." Sustainability 14, no. 10 (May 17, 2022): 6057. http://dx.doi.org/10.3390/su14106057.

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This study shows the environmental impacts and economic performance due to agricultural trade through The Netherlands. Using the demand-driven input–output model and the database EXIOBASE (2011), we first analysed the environmental impacts and value added directly generated abroad by the agricultural sector through imported final consumption in The Netherlands; we then compared the environmental impacts and value added generated in The Netherlands by the agricultural sector due to exports to other countries. The results show that the Dutch consumption of imported agricultural products had significant greenhouse gas emissions of 19,386 kt CO2-eq, land use of 280,525 km2 and water consumption of 50,373 M.m3, while impacts in The Netherlands due to agricultural exports amounted, respectively, to 13,022 kt CO2-eq, 9282 km2 and 3339 M.m3. At the same time, we found that Dutch agricultural production had a higher value added to pressure ratio than abroad. These differences highlight the great dependency of Dutch final consumption on foreign natural resources, a significant trade imbalance for environmental impacts with relatively smaller economic benefits for countries exporting to The Netherlands. With these results, we suggest that it is of great importance that sustainability policies for the agricultural sector not only address environmental impacts domestically but also impacts and value creation abroad.

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18

Elferink, G. Oude. "Belgium/The Netherlands." International Journal of Marine and Coastal Law 12, no. 4 (1997): 548–53. http://dx.doi.org/10.1163/157180897x00356.

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19

Darnela, Lindra. "Eksistensi Republik Maluku Selatan sebagai Subjek Hukum Internasional: Antara Legitimasi dan Legalitas." Kosmik Hukum 22, no. 1 (February 10, 2022): 73. http://dx.doi.org/10.30595/kosmikhukum.v22i1.9662.

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The Republic of South Maluku (RMS) at the beginning of its birth in the 1950s gained a place in international law as a group that has the right of self-determination by proclaiming itself as an independent Republic. Their presence became more apparent when those who were former KNIL members chose to temporarily move to the Netherlands and freely raised the RMS flag in the country. This paper discusses the existence of the Republic of South Maluku in international law recently, based on the perspective of legitimacy and legalization. This study used the interview method with several RMS figures, RMS descendants and some researchers on RMS. This research found that RMS currently no longer has legitimacy either in the Netherlands or in the Moluccas. This is supported by the lack of movement and support for the current RMS in Maluku and the existence of the RMS in the Netherlands at present only as their negotiations against the Dutch government as a minority group. Besides, in international law RMS is not a legal subject because it is no longer in the Belligerent category and is recognized by countries.Keywords: Republic of South Maluku (RMS), legitimacy, legality, international law

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20

Pedersen, Ole W. "The networks of human rights and climate change: The State of the Netherlands v Stichting Urgenda, Supreme Court of the Netherlands, 20 December 2019 (19/00135)." Environmental Law Review 22, no. 3 (September 2020): 227–34. http://dx.doi.org/10.1177/1461452920953655.

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Climate change litigators are increasingly relying on a range of different jurisdictional avenues and legal regimes. The recent Urgenda decision by the Dutch Supreme Court provides a surprisingly rare snapshot of the relevance of human rights law to climate change litigation. Focusing on the Supreme Court's reliance on the environmental rights case law from the ECHR, this case note argues that climate change and human rights adjudications takes the form of an adjudicatory network. This network creates spaces for domestic courts to develop contingent responses to emerging climate change claims.

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21

Clement, Keith. "Promoting sustainable development: Environmental incentives in Denmark and the Netherlands." European Environment 3, no. 5 (July 6, 2007): 9–13. http://dx.doi.org/10.1002/eet.3320030505.

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22

Bertram, Daniel. "Environmental Justice “Light”? Transnational Tort Litigation in the Corporate Anthropocene." German Law Journal 23, no. 5 (June 2022): 738–55. http://dx.doi.org/10.1017/glj.2022.45.

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AbstractCorporations are notoriously powerful actors in the current configuration of our globalized economy. Their activities play a key role in shaping a new age of ecological precarity—the Anthropocene. Much of this environmental damage occurs in cross-border settings, hampering victims’ access to legal remedies due to widespread corporate impunity and institutional hurdles in host states. Several transnational lawsuits have recently tested the willingness of European home state judiciaries to adjudicate the extraterritorial conduct of domestic corporations. To contribute to a more nuanced understanding of this novel phenomenon, this article analyzes three legal sagas from a comparative perspective: Vedanta v. Lungowe (England & Wales), Dooh v. Shell (The Netherlands) and Lliuya v. RWE (Germany). It argues that transnational tort suits remain a problematic vehicle for the attainment of procedural and substantial environmental justice. The inherent limitations of tort law, extra-legal hurdles to transnational litigation, and the socio-cultural contingency of legal institutions severely circumscribe the space for legal contestations of the corporate Anthropocene.

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23

Revell, Andrea. "Environmental policy and the small firm in Japan: comparisons with the Netherlands." Journal of Environmental Policy & Planning 5, no. 4 (December 2003): 397–413. http://dx.doi.org/10.1080/1523908032000171657.

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24

Ferreira, Patrícia Galvão. "‘Common But Differentiated Responsibilities’ in the National Courts: Lessons fromUrgendav.The Netherlands." Transnational Environmental Law 5, no. 2 (October 2016): 329–51. http://dx.doi.org/10.1017/s2047102516000248.

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AbstractThe landmark 2015 decision by the Hague District Court inUrgendav.The Netherlandsrepresents the first time a national court has expressly used the international environmental law (IEL) principle of common but differentiated responsibilities and capabilities (CBDRs) of the climate regime as a complementary tool to interpret the scope of a state’s climate obligations under domestic law. This article highlights that despite the marked engagement of national courts with IEL in recent decades (including engaging with principles such as sustainable development, polluter pays, intergenerational equity, and precaution), until this decision CBDRs had remained outside the purview of environmental law jurisprudence at the national level. The article examines how the Hague Court used CBDRs to help address two common barriers to climate liability: causation and the ‘political question’ doctrine. The article argues that the Court was able to find normative content in a core element of the climate-related CBDRs: the ‘leadership’ role of developed countries in climate action. This core element has remained remarkably consensual throughout the contested history of CBDRs in the climate regime – a history that has gained a new chapter with the signature of the Paris Agreement in December 2015. The article concludes thatUrgendav.The Netherlandsmay serve as a starting point for a more productive and extensive use of CBDRs in climate litigation, provided litigants make more explicit use of the persuasive authority of the principle.

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25

Molenaar, Erik Jaap. "Netherlands Antilles and Aruba." International Journal of Marine and Coastal Law 18, no. 1 (2003): 127–44. http://dx.doi.org/10.1163/157180803x00043.

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26

Vertegaal, Paul J. M. "Environmental Impact of Dutch Military Activities." Environmental Conservation 16, no. 1 (1989): 54–64. http://dx.doi.org/10.1017/s0376892900008511.

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Mostly for political reasons, rather little research has been done on the environmental impacts of military activities. However, some data on this theme have been collected, especially in North America, the Federal Republic of Germany, and The Netherlands. In this last-mentioned country the overall military environmental impact appears to be considerable, and can be compared qualitatively and quantitatively with the pressures on the environment which other economic sectors impose.The contribution of the military sector to the world-wide environmental degradation problem is estimated at more than 6%, resulting from its share in the gross international product and the heavy character of military practice in both war and peace-time. In The Netherlands this share appears to be about 2 to 5%, which can be deduced from the military share in the national total consumption of energy. The military use of such poisonous and often rare elements as thallium, thorium, copper, beryllium, cadmium, zinc, and lead, varies from about 10 to 40% of their total national use.

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27

van Snellenberg, Ton, and Rob van de Peppel. "Perspectives on compliance: non-compliance with environmental licences in the Netherlands." European Environment 12, no. 3 (2002): 131–48. http://dx.doi.org/10.1002/eet.292.

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28

Kistenkas, Frederik H., Marie-José Smits, and Dana Kamphorst. "Implementing Sustainable Development Into One Integrated Domestic Environmental Legislative Act. A Law Comparison Between Two Frontrunners: New Zealand and The Netherlands." European Energy and Environmental Law Review 29, Issue 6 (December 1, 2020): 240–44. http://dx.doi.org/10.54648/eelr2020048.

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Whereas in most countries environmental law is commonly highly fragmented into an enormous amount of sectoral legislative acts, New Zealand and The Netherlands uniquely intend to have just one domestic environmental legislative act putting all fragmented sectoral laws and decrees in only one act of parliament. Both are supposed to achieve sustainable development by a novel integrated approach. However, there are differences as the New Zealand model puts all environmental norms in a subordinate position under one supreme principle of sustainable development, which is obviously not the case in the Dutch act. This article discusses both legislative acts and analyses which system would better serve sustainable multi-functional land use. environmental law, circular economy, multi-functional land use, sustainable development

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29

van Harskamp, Michiel, Marie-Christine P. J. Knippels, and Wouter R. van Joolingen. "Secondary Science Teachers’ Views on Environmental Citizenship in The Netherlands." Sustainability 13, no. 14 (July 16, 2021): 7963. http://dx.doi.org/10.3390/su13147963.

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Environmental Citizenship (EC) is a promising aim for science education. EC enables people not only to responsibly make decisions on sustainability issues—such as use of renewable energy sources—but also to take action individually and collectively. However, studies show that education for EC is challenging. Because our understanding of EC practice remains limited, an in-depth, qualitative view would help us better understand how to support science teachers during EC education. This study aims to describe current EC education practices. What do secondary science teachers think sustainability and citizenship entail? What are their experiences (both positive and negative) with education for EC? A total of 41 Dutch science teachers were interviewed in an individual, face-to-face setting. Analysis of the coded transcripts shows that most teachers see the added value of EC but struggle to fully implement it in their teaching. They think the curriculum is unsuitable to reach EC, and they see activities such as guiding discussions and opinion forming as challenging. Furthermore, science teachers’ interpretation of citizenship education remains narrow, thus making it unlikely that their lessons are successful in fostering EC. Improving EC education therefore may be supported by explicit representation in the curriculum and teacher professional development directed at its implementation.

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30

Beukema, A. A., G. P. Hekstra, and C. Venema. "The Netherlands' environmental policy for the North Sea and Wadden Sea." Environmental Monitoring and Assessment 7, no. 2 (September 1986): 117–55. http://dx.doi.org/10.1007/bf00398692.

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31

Oude Elferink, Alex G. "The Arctic Sunrise Incident: A Multi-faceted Law of the Sea Case with a Human Rights Dimension." International Journal of Marine and Coastal Law 29, no. 2 (June 9, 2014): 244–89. http://dx.doi.org/10.1163/15718085-12341318.

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On 18 September 2013, the crew of the Greenpeace vessel Arctic Sunrise tried to access the Prirazlomnaya oil rig, which was operating within the Russian Federation’s exclusive economic zone in the Arctic. The following day the Russian authorities boarded and arrested the Arctic Sunrise and detained its crew and charged them with various offenses. The flag state of the vessel, the Netherlands, started an arbitral procedure against the Russian Federation. The present article looks at the issues of international law raised by the arrest of the Arctic Sunrise—which both concern the law of the sea and human rights law—and the arbitration initiated by the Netherlands. Human rights law is essential for assessing the kind of measures a coastal state may take in enforcing its legislation based on the law of the sea in its exclusive economic zone. Providing sufficient room for the freedom of expression may limit the scope of action that might otherwise exist.

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32

Jans, Jan. "Legal Problems Concerning the Implementation of EEC Environmental Directives Regarding Dangerous Substances and the Netherlands Chemical Substances Act." Leiden Journal of International Law 2, no. 1 (May 1989): 35–47. http://dx.doi.org/10.1017/s0922156500001060.

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In many member states of the European Community legal problems arise when implementing EEC environmental directives, especially those regarding dangerous substances. It has been said that sometimes these problems are caused by the fact that it is not always clear to national legislators what amount of discretion is available to them. This hypothesis is investigated here, mainly in relation to the way the Netherlands Chemical Substances Act has transposed dangerous substances directives into Dutch national law.

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33

Ottevanger, Willem, Margit Deimel, and Kitty Spaander-van Gendt. "Infrastructure planning — the environmental impact assessment for a Netherlands-Germany rail link." Impact Assessment and Project Appraisal 18, no. 1 (March 2000): 77–85. http://dx.doi.org/10.3152/147154600781767619.

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34

Banateppanavar, Koteppa, and B. S. Biradar. "Doctoral Theses in Environmental Science." International Journal of Library and Information Services 7, no. 2 (July 2018): 14–33. http://dx.doi.org/10.4018/ijlis.2018070102.

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The result of this study is an original research work with application of Bradford's law and an obsolescence study of environmental science literature. The article represents the availability of information and information used by the researchers in the field of environmental science for their research work. The research design adopted was a descriptive study. Data was collected from 66 doctoral theses submitted to the Kuvempu University in the field of Environmental Science during 1998-2012 have been taken as the source of data for the present study; these doctoral theses generated 14,668 total citations. The study is based on the analysis of bibliographic references appended at the end of each chapter and footnotes, if any. Each thesis was manually examined and references appended at the end of each chapter were extracted. All the references were noted. Later, the data were fed into the computer using MS-Excel and separate sheets and columns were created to enter data. Finally, the data was transferred to SPSS software to generate the tables, graphs and results. The present article reveals that journals have the highest number of citations accounting to 72.25% of the total citations. The Journal of Hydrobiologia from the Netherlands occupies the first rank as the most preferred journal having been cited 546 (5.15%) times. Further, Bradford's law was applied and studied the obsolescence of journal literature. Finally half-life of journal citations was found 14 years old in the field of Environmental Science.

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35

Squintani, Lorenzo, and Dionne Annink. "Judicial Cooperation in Environmental Matters: Mapping National Courts’ Behaviour in Follow-up Cases." Journal for European Environmental & Planning Law 15, no. 2 (August 27, 2018): 147–70. http://dx.doi.org/10.1163/18760104-01502003.

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The need to ensure a uniform interpretation and effective application of the large corpus of EU environmental regulation in the jurisdictions of the Member States remains a task of pivotal importance for the Court of Justice of the European Union (CJEU). A quick look at the CURIA database reveals that many judgments are handed down every year to clarify the meaning of EU environmental provisions. It is therefore important to study the proper functioning of the tandem composed of the CJEU and the national courts in this field of EU law. In that sense, this article responds to Bogojević’s call ‘to draw a grander map of judicial dialogues initiated across various Member States’. More specifically, the topic investigated by this article is how Dutch courts have followed up on responses received from the CJEU to their preliminary reference requests in the field of EU environmental law, until January 2017. Almost all the cases we have retrieved from the Netherlands show various degrees of willingness to cooperate with the CJEU. This article highlights the existence of three trends: full cooperation, gapped cooperation and withdrawn cooperation.

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36

Ierland, Ekko C. van, and Robert G. J. Huiberts. "Transport and the environment in the Netherlands." International Journal of Environmental Technology and Management 1, no. 3 (2001): 269. http://dx.doi.org/10.1504/ijetm.2001.000757.

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37

de Groot, Cees. "The Shell Nigeria Issue: Judgments by the Court of Appeal of The Hague, The Netherlands." European Company Law 13, Issue 3 (June 1, 2016): 98–104. http://dx.doi.org/10.54648/eucl2016015.

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On 18 December 2015, the Court of Appeal of The Hague in The Netherlands handed down three judgments in connection with the ‘Shell Nigeria issue’: a series of claims brought by Nigerian residents and by the association Vereniging Milieudefensie against four legal entities belonging to the Shell Group based on allegations of environmental damage resulting from the group’s operations in Nigeria. In its judgments, the Court of Appeal discussed the issue as a matter to be decided under Nigerian, and by extension, common law. With all reservations, the chance that Milieudefensie et al.’s claims would succeed under the applicable Nigerian common law should not be dismissed.

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38

Oza, Gunavant M. "International Environmental Law Conference, held in the Peace Palace, The Hague, The Netherlands, during 12–16 August 1991." Environmental Conservation 19, no. 3 (1992): 277–78. http://dx.doi.org/10.1017/s0376892900031180.

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39

Gonzalez-Martinez, Ana Rosa, Roel Jongeneel, Hans Kros, Jan Peter Lesschen, Marion de Vries, Joan Reijs, and David Verhoog. "Aligning agricultural production and environmental regulation: An integrated assessment of the Netherlands." Land Use Policy 105 (June 2021): 105388. http://dx.doi.org/10.1016/j.landusepol.2021.105388.

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ARTS, JOS, and FRANK VAN LAMOEN. "BEFORE EIA: DEFINING THE SCOPE OF INFRASTRUCTURE PROJECTS IN THE NETHERLANDS." Journal of Environmental Assessment Policy and Management 07, no. 01 (March 2005): 51–80. http://dx.doi.org/10.1142/s146433320500189x.

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This article discusses recent developments in integrated planning for the national road infrastructure in the Netherlands. It lays emphasis on project definition as a "missing link" between strategic planning and operational planning.Road development projects may have considerable negative impacts. Projects, however, are often too narrowly focused on road (re)construction alternatives and pay too less attention to the relationships with other spatial developments. As a consequence, the scope of project Environmental Impact Assessments (EIAs) is too narrow and opportunities are missed to enhance the spatial and environmental quality of the regions concerned. These problems are best tackled early in the planning process when the "degrees of freedom" in shaping the project are relatively large.Using the case of the A27 motorway a new guideline for explorative studies is introduced. The instrument described (called "reconnaissance study") aims to connect the planning arenas of Strategic Environmental Assessment and EIA, thus achieving more sustainable planning. It focuses on the early stage of project development in which the scope of projects is defined by "zooming in" from the national to a regional setting and translation of abstract policy goals to a "real world" situation. Key elements are a transparent process in which problem analysis and development of solutions are seperated, involvement of external parties and a broad study scope.

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Renting, Henk, and Jan Douwe Van Der Ploeg. "Reconnecting nature, farming and society: environmental cooperatives in the Netherlands as institutional arrangements for creating coherence." Journal of Environmental Policy & Planning 3, no. 2 (June 2001): 85–101. http://dx.doi.org/10.1002/jepp.75.

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Molenaar, E. J. "Current Legal Development: Netherlands Antilles and Aruba—Marine Fisheries in the Netherlands Antilles and Aruba in the Context of International Law." International Journal of Marine and Coastal Law, The 18, no. 1 (March 1, 2003): 127–44. http://dx.doi.org/10.1163/157180803100380393.

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KOLHOFF, AREND, and ROEL SLOOTWEG. "BIODIVERSITY IN SEA FOR SPATIAL PLANS — EXPERIENCES FROM THE NETHERLANDS." Journal of Environmental Assessment Policy and Management 07, no. 02 (June 2005): 267–86. http://dx.doi.org/10.1142/s146433320500202x.

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This paper provides an overview of the way biodiversity issues are dealt with in strategic environmental assessment (SEA) for spatial plans in the Netherlands. Spatial plans are selected as subject of study because 50 percent of all SEA studies executed in the Netherlands are carried out for spatial plans. Secondly, these plans provide an overarching framework for multiple interventions with potential impacts on biodiversity. It is, therefore, important to pay particular attention to biodiversity at the strategic level of a spatial plan. The evaluation is based on five spatial plans that have been subject to SEA, two national plans, two provincial plans and one local plan. Based on these assessments a number of conclusions are presented on the assessment of biodiversity in SEA for spatial plans in the Netherlands. The evaluation of case studies on which this paper is based was undertaken to produce a submission to the Convention on Biological Diversity for the drafting of international guidelines on biodiversity in SEA.

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Oude Elferink, Alex, and Harm Dotinga. "The Netherlands: Establishment of a Contiguous Zone." International Journal of Marine and Coastal Law 22, no. 2 (2007): 317–30. http://dx.doi.org/10.1163/157180807781361502.

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Molenaar, Erik Jaap. "Airports at Sea: International Legal Implications." International Journal of Marine and Coastal Law 14, no. 3 (1999): 371–86. http://dx.doi.org/10.1163/157180899x00192.

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AbstractThe article considers the legal implications of a proposal by the Netherlands Government to build a new airport on an artificial island in the sea. The article concludes that the construction and use of an artificial island remains in principle within a coastal state's authority, with due regard to the rights and duties of other states and the LOS Convention and other rules of international law. Account must be taken of conflicting uses of the sea, for example, navigation, fishing, offshore activities, submarine cables and pipelines, and overflight. Freedom of overflight will be dealt with by the ICAO. With regard to other aspects of air law, such as liability and aviation security, there are no clear indicators of the appropriate course to take. The uniqueness of an airport at sea requires the Netherlands to tread new ground, requiring it to devise new ways for removing possible obstacles.

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Oza, Gunavant M. "Conference on Internatonal Environmental Law, held in the Peace Palace, The Hague, The Netherlands, during 12–16 August 1991." Environmental Conservation 18, no. 4 (1991): 374–76. http://dx.doi.org/10.1017/s0376892900022797.

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Groenendijk, J. G. "Local Policymaking under Fiscal Centralism in the Netherlands: Consequences for Local Environmental Policy." Environment and Planning C: Government and Policy 16, no. 2 (April 1998): 173–89. http://dx.doi.org/10.1068/c160173.

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Fiscal centralism affects central—local relations in more ways than simply constraining local autonomy. In the case of the Netherlands, central—local policy communities, in which nongovernmental organizations may play a significant role, divide local policymaking into sectors. Responsiveness to local requirements is highly skewed. Decentralization to improve local policymaking is frustrated by the urge for equality in this one-constituency state. The pillarization in the formative decades of the welfare state contributed to the development of this characteristic of the Dutch polity. These central—local relations are not conducive to innovation, which is required for local implementation of environmental policy. Sectoral boundaries preclude the essential integration of this policy. Municipal development plans, essentially designed to improve local resources, defy centrally devised norms and even prevent proper application of environmental impact assessments in central government's decisions on motorways.

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Bartman, Steef M., and Cornelis De Groot. "The Shell Nigeria Judgments by the Court of Appeal of the Hague, a Breakthrough in the Field of International Environmental Damage? UK Law and Dutch Law on Parental Liability Compared." European Company Law 18, Issue 3 (June 1, 2021): 97–105. http://dx.doi.org/10.54648/eucl2021012.

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On 29 January 2021, the Court of Appeal of The Hague rendered three judgments in cases brought by Nigerian citizens who had suffered damage as a result of leaks from oil pipelines. The proceedings stand out because they are being conducted in the Netherlands, not only against Shell Nigeria, but also against the former UK and Dutch parent companies of the Shell group, as well as against the current group holding company Royal Dutch Shell Plc. The Court of Appeal, in line with the Vedanta judgment of the UK Supreme Court, makes an extensive analysis of the structure of the Shell group and, based thereon, derives (albeit limited) a duty of care for the parent company Royal Dutch Shell Plc (RDS) vis-à-vis the claimants. corporate social responsibility, international environmental damage, piercing the corporate veil, EEX Regulation (recast), Brussels I-bis Regulation, Rome II Regulation

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Koornneef, Joris, André Faaij, and Wim Turkenburg. "The screening and scoping of Environmental Impact Assessment and Strategic Environmental Assessment of Carbon Capture and Storage in the Netherlands." Environmental Impact Assessment Review 28, no. 6 (August 2008): 392–414. http://dx.doi.org/10.1016/j.eiar.2007.08.003.

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Bouwer, Klaas. "The integration of regional environmental planning and physical planning in the Netherlands." Journal of Environmental Planning and Management 37, no. 1 (January 1994): 107–16. http://dx.doi.org/10.1080/09640569408711962.

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