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An analysis of Council Directive 85/337 on the assessment of the effects of certain public and private projects on the environment and the development of environmental law in the United Kingdom

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Holder, Jane (1995) An analysis of Council Directive 85/337 on the assessment of the effects of certain public and private projects on the environment and the development of environmental law in the United Kingdom. PhD thesis, University of Warwick.

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Official URL: http://webcat.warwick.ac.uk/record=b3227151~S15

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Abstract

From an historical perspective, environmental law is an assembly of common law principles and regulatory techniques derived from public health and planning legislation. Until recently, it lacked a distinct, recognisable identity, and status. A separate discipline of ‘environmental law’ now exists which appears to have an internal coherence and to operate within a settled conceptual framework, anchored by a number of guiding principles. This development is not, though, a one-way process. There is an equally dynamic contraflow of legal disciplines claiming environmental concerns as their own, notably property and tort, company and insurance law. In a similar vein, at both European Union and national levels of government, there is a sense that the very nature of environmental problems means that environmental protection must form part of a wider range of policies and law.

This thesis takes account of these recent developments by considering the contribution of environmental assessment to the development of environmental law. It examines the implementation of Council Directive 85/337 on the Assessment of the Effects of Certain Public and Private Projects on the Environment' in the United Kingdom and thus the integration of a European Community method of environmental assessment alongside indigenous’ methods of environmental appraisal in the planning system. Some explanation is required, both as to the choice of subject matter, and to the methodology chosen to write this thesis.

Item Type: Thesis (PhD)
Subjects: G Geography. Anthropology. Recreation > GE Environmental Sciences
K Law [Moys] > KM Common Law, Public Law
K Law [Moys] > KW European Union Law
Library of Congress Subject Headings (LCSH): Environmental law -- Great Britain, Environmental law -- European Union countries, Environmental policy -- Great Britain, Environmental policy -- European Union countries, Environmental protection -- Great Britain, Environmental protection -- European Union countries, Environmental impact analysis -- Great Britain, Environmental impact analysis -- European Union countries
Official Date: June 1995
Dates:
DateEvent
June 1995Submitted
Institution: University of Warwick
Theses Department: School of Law
Thesis Type: PhD
Publication Status: Unpublished
Supervisor(s)/Advisor: McEldowney, John F.
Sponsors: Economic and Social Research Council (Great Britain)
Format of File: pdf
Extent: xii, 379 leaves : maps, charts
Language: eng

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