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Social and Scientific Uncertainties in Environmental Law

Book | 1st edition 2024 | Europe | Tilak Ginige, Iain Green, Patrick Van Calster, Alain Simons, Joseph McMullen

This book is made available as an open access e-book thanks to financing by Vinci Energies and Bournemouth University.

Environmental law aims to provide regulatory mechanisms to protect the environment. This requires sufficient knowledge of the environmental effects of human activities; the functioning, services and carrying capacities of ecosystems; and the technical and societal options available to mitigate the adverse effects of human activity. It also aims to develop energy, food, urban and mobility systems to achieve environmental sustainability. However, major environmental threats prevalent in the 21st century, such as climate change, biodiversity loss and emerging pollutants, pose problems for scientists trying to tackle these issues, due to their complex causes, consequences and solutions required. As clearly shown by the European Green Deal strategies, these environmental threats can only be averted by transformative policies that embrace complexity in environmental and social terms, and by determining long-term transitional pathways. Never before were the makers and subjects of regulation so eminently dependent on scientific expertise and confronted with such uncertainties. The uptake of scientific knowledge and the management of uncertainties are thus among the current challenges in the formation, design and implementation of sustainable environmental laws.


Social and Scientific Uncertainties in Environmental Law explores how environmental law is prepared or could be better equipped to employ the best available knowledge and expertise, and addresses the knowledge gaps and uncertainties in the legislative, administrative and judicial branches. Due to its multidisciplinary approach, this volume offers a fresh perspective, with each contribution providing a novel insight into the uncertainty of scientific understanding and making a valuable contribution to the field of environmental law. There is an urgent need for a variety of disciplines to come together to develop a common language to tackle the environmental issues besetting our world today, which this volume strives to meet.

About the Editors

Tilak Ginige is a senior lecturer in environmental law at Bournemouth University’s Faculty of Science and Technology. His research interests include renewable energy, mining waste, the Water Framework Directive, environmental liability, rights to nature and sustainable development law. In the past, he has contributed to the Catalan government’s environmental policy as an advisor to the president of the Generalitat of Catalunya. His other research-related achievements include involvement in EU-funded research concerning the Water Framework Directive and the EU Mining Waste Directive. He has published in several peer-reviewed journals, including the European Environmental Law Review; the Law, Environment and Development Journal (LEAD); the Journal of Water Law; and the International Journal of Liability and Scientific Enquiry. He is a proponent of the critical need for evidence-based information to guide environmental policy and law.


Iain Green has spent the last 30 years working in higher education, gaining his PhD in environmental biology in 2003. The main focus of his research is the environmental effects of pollution. This work has encompassed terrestrial, marine and freshwater ecosystems, covering all levels of biology, from the cell to communities. Iain is currently deputy head of the Department of Life and Environmental Sciences at Bournemouth University, and leads soil protection research in the Environment & Threats Strategic Research Group.


Patrick Van Calster obtained his PhD from Huddersfield University (UK). He is a criminologist with roots in philosophy. His research is both applied-driven and theoretically sophisticated and broadly concerns three interconnected topics: crime governance and policing; critical criminology, with a focus on (the violation of) human rights and privacy, (social) media, (alternative) measures of punishment, precautionary societies, and inequality and the dynamics of inclusion and exclusion; and cultural criminology (such as lifestyle, edgework, language and images/symbols).


Alain Simons is a senior lecturer in games programming, and a researcher in computer graphics and digital visualisation images. His main research is on novel techniques to reduce the file size of colourful images distributed over digital networks without the loss of image quality, therefore reducing their energy load and the ecological footprint of, for example, the Internet.


Joseph McMullen is a lecturer in law at Bournemouth University. His research focuses on the legal regulation of particulate pollution, and the impacts of air pollution on human health and wellbeing.


List of Contributors

With contributions by Alessandra Accogli (University College Dublin, Ireland), Mariusz Baran (Jagiellonian University, Poland), Rina Cindrak (Bournemouth University, United Kingdom), Soraia Da Cas (Regional Labour Court of the 4th Region, Brazil), Dimitrios Dalaklis (World Maritime University, Sweden), Nikolaos Giannopoulos (Utrecht University, the Netherlands), Tilak Ginige (Bournemouth University, United Kingdom), Yelena M. Gordeeva (RUSAL, Russia), Iain Green (Bournemouth University, United Kingdom), Oliver J. Jarvis (Researcher, United Kingdom), Rhoda Jennings (University College Cork, Ireland), Tafsir Matin Johansson (World Maritime University, Sweden), Rogier Kegge (Leiden University, the Netherlands), Nikolay Kichigin (Institute of Legislation and Comparative Law, Russia), Thomas Klenum (Liberian Registry, United States of America), Ludwig Krämer (European Commission (retired)), Hidde Kremers (Council of State, the Netherlands), Paola Martino (Lawyer, Italy), Susan Phaustus Mbayuwayu (Bournemouth University, United Kingdom), Joseph McMullen (Bournemouth University, United Kingdom), Kanak Mishra (University of Birmingham, United Kingdom), King James Nkum (Taraba State University, Nigeria), Erimma Gloria Orie (National Open University of Nigeria, Nigeria), Susanna Paleari (National Research Council, Italy), Aspasia Pastra (World Maritime University, Sweden), Marko Perišić (Hasselt University, Belgium), Matteo Riccardi (Lawyer, Italy), Janna Ringena (Higher Regional Court of Celle, Germany), Carolyn Roberts (Gresham College, United Kingdom), Merve Robson (Bournemouth University, United Kingdom), Freya Russell (Bournemouth University, United Kingdom), Linda Schönfelder (Lawyer, Germany), Hendrik Schoukens (Ghent University, Belgium), Rita Simon (Czech Academy of Sciences, Czech Republic), Alain Simons (Bournemouth University, United Kingdom), Jon A. Skinner (University of Alaska Anchorage, United States of America), Violeta Stratan (West University of Timișoara, Romania), Naomi Townsend (Bournemouth University Researcher, Australia), Ikechukwu Ugwu (University of Silesia in Katowice, Poland) and Patrick Van Calster (Bournemouth University, United Kingdom).

Technical info
More Information
Type of product Book
Format Paperback
EAN / ISSN 9781839704031 / 9781839705236
Series name European Environmental Law Forum
Weight 600 g
Status Available
Number of pages 514 p.
Access to exercice No
Publisher Intersentia
Language English
Publication Date Mar 27, 2024
Available on Jurisquare No
Available on Strada Belgique No
Available on Strada Europe No
Available on Strada Luxembourg No


  • Table of Contents and Front Matter
  • Introduction
  • Legal Uncertainty in EU Environmental Law: The Battle for the Last Word
  • Environmental Science, Innovation and Transactions: Wicked Problems for Science and Law
  • The Role of Marine Protected Areas in Enhancing Biodiversity and Ocean Sustainability
  • Navigating a Sea of Uncertainty in the EU Regulation of Marine Renewables: The Case for Hybrid Co-Regulation?
  • Maritime RAS Techno-Regulatory Regime: Six Blocks of Dynamic Influence Towards Good Environmental Stewardship
  • Legal and Regulatory Framework of Air Pollution in India: Evolution, Development and Reforms
  • Water Reuse: A Sustainable Concept for Europe?
  • Grey Water Reuse in the EU: Legal Obstacles, Shared Solutions and Future Challenges
  • The EU Policy and Legislative Framework on Plastics: A Comprehensive Approach to Tackle a Challenging Environmental Problem
  • Illegal Landfilling in Romania: A Never-Ending Story?
  • “Individual Concern” in Climate Protection Matters in the Context of Different Legal Protection Regimes
  • Access to Justice for NGOs to Challenge Climate Commitments under the European Climate Law: A Lost Hope?
  • Climate Change and the UK’s Local Authorities: A Snapshot of their Actions and Perceived Challenges
  • The Role of Regulation in Strengthening Climate Resilience and Food Security in Nigeria
  • The Programmatic Approach, Uncertainty and Monitoring in the Habitats Directive: The Precautionary Principle as a Pavlovian Reflex to Uncertainty?
  • Legal Challenges before English Courts under Ecosystem Services Protection
  • Strategic Climate Change Litigation and the EU Habitats Directive: What Lessons can be Learnt from the Recent Case Law Developments in the United States?
  • Uncertainty in Green Infrastructure Decision-Making: Types, Consequences and Available Legal Tools
  • Enhancing Environmental Sustainability through Reforming Czech Contract Law
  • Foreign Direct Liability as an Emerging Norm for the Accountability of Transnational Corporations: The European Experience
  • The Prosecution of Environmental Crimes through Restorative Justice: The “Criminal Settlement Procedure” in the Italian System
  • Scientific Uncertainties and Responsibility in Environmental Law in the Environmental Liability Directive
  • Elaborating on the Scientific Evidentiary Requirements of the Precautionary Principle
  • Legal Risks and Legal Uncertainties in Russian Environmental Law