Public environmental law in Europe: a comparative search for a ‘Ius Commune’

Article abstract:

The evolution towards a ius commune in environmental law, especially within Europe, is the main subject of this article. It aims to present some of the main environmental issues, such as: general legal foundations, main legal instruments, procedural rules of implementation and rules of enforcement. Each issue is discussed from the viewpoint of developments within EC Member States, the EC and, as a point of 'external reference', the USA. As the features of the present day systems of environmental law are compared, not only do we find a greater coherence but also a linkage with the concept and principles of good governance. Maybe environmental law in the legal orders concerned has reached a stage at which unification is of less importance than allowing for differences and learning from them.

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