PUBLISHING | BOOK EDITIONS

Administrative Law

Tratado de Direito do Ambiente, Vol. II. Parte Especial (2.ª edição)

Book title / Magazine:
Tratado de Direito do Ambiente Vol. II. Parte Especial (2.ª edição)
Within the scope of the Project:
Legal Roadmap for Sustainability
Research Areas:
Environmental Law
Bibliographic reference:
Amado Gomes C, Oliveira H, editoras. Tratado de Direito do Ambiente. Vol. II – Parte Especial. Lisbon: Lisbon Public Law Editions, 2.ª edição, 2024
Research Group(s):
Administrative Law
978-989-8722-60-7
Publishing company: Lisbon Public Law Editions
Year: 2024

Synopsis

Volume II of this collective work pursues the objectives common to the entire work of the Treatise on Environmental Law: to deepen the study of environmental law, in a generally complete and transversal way; promote the creation of specialized faculty; and provide open access, free of charge, to the public in general, and to the legal community in particular, a reliable and updated source of information on the protection afforded to the environment in the Portuguese legal system, following a multi-level approach, including sources of international law, European Union law and national law.

Dedicating Volume I to cross-cutting issues and instruments, Volume II focuses on sectoral environmental law. This Volume begins with two chapters dedicated to the current and prospective legal framework, resulting from the political-environmental priorities of our time: climate change (I) and the circular economy (II). Both themes result from complex environmental problems that call for various sectoral regimes.

The six chapters that follow focus on specific sectoral environmental law regimes, using normatively protected environmental components as a reference.

Giving priority to environmental components that are the subject of already classic, more structured and developed regimes, the analysis begins with the law of biodiversity (III), followed by the study of standards for the protection of water resources (IV ) and the marine environment (V). Multiple, dense and complex regimes are addressed, in an effort to aggregate, synthesize and systematize an enormous volume of normative and doctrinal information.

A set of two texts on dispersed and markedly developing regimes follow: the study of soil (VI) and subsoil (VII) protection standards involves an increased effort to search for clues and structure, in an exercise that is partly prospective in a context of incipient regulation.

Chapter VIII is dedicated to the most volatile of all natural elements: the air. Although air is the subject of reasonably stable and consolidated regimes, the legal protection specifically granted to this environmental component has been neglected in legal research. This chapter aims to contribute to an understanding of the law on assessing and managing air quality, on the one hand, and to trace the lines of convergence of air quality protection with the rules on reducing carbon dioxide emissions into the atmosphere, on the other.

Chapter IX deals with waste. Although waste is not a natural element, it is relevant to environmental law insofar as, on the one hand, it reflects the use of natural resources in the production processes which, after product use, will create waste; on the other hand, waste will have an impact on the environment in itself. In this chapter, a framework of principles applicable to waste law is firstly outlined and, secondly, waste management operations law is described, with special attention to the vicissitudes of the licensing act. A final note also deals with the means of declassifying by-products and waste.

Closing this Volume II is a text on a sub-field of environmental law with little doctrinal treatment, but of undeniable practical importance and notable normative density: forestry law. Chapter X deals with the characterization of the legal object "forest", then goes on to draw up a list of sources on which it is based and concludes with a description of the legal framework of forest law. We hope that Volume II, along with Volume I, can be useful for all academics and practitioners of environmental law.

Lisbon Public Law Research Centre

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