*** NATHALIE HERVE-FOURNEREAU (Ed.): Les approches volontaires et le droit de l'environnement. Presses Universitaires de Rennes (UHB Rennes 2, Campus de la Harpe, 2 rue du Doyen Denis Leroy, F-35044 Rennes Cedex. Tel: (33-2) 99141425 - Fax: 99141407 - email: caroline.legleut@univ-rennes2.fr - Internet: http://www.pur-editions.fr ). "L'Univers des normes" series. 2008, 327 pp, €20. ISBN 978-2-7535-0645-9.
Codes of conduct, charters, Agenda 21, voluntary agreements, eco-labels, eco-audits, etc. There are so many different types of voluntary agreement, particularly under the aegis of sustainable development and ambivalent concepts of governance and corporate responsibility to society. These voluntary approaches to environmental issues have found themselves in fertile ground at EU level since 1993, when the Commission first recommended their use, repeating the call in its 1996 report on environmental agreements. Sylvie Hennion (director of the 'Ecole doctorale des Sciences de l'Homme, des Organisations et de la Société') and Catherine Flaesch-Mougin (coordinator of the Jean Monnet Centre of Excellence in Rennes, France) explain that the environmental domain has become a laboratory for promoting new types of more flexible intervention with greater concern for adjusting to fit the actual problems encountered when applying legal rules.
This rising popularity of voluntary approaches has been noticed by lawyers and the sheer scale of this new legal phenomenon, related to "soft law," raises a series of pertinent questions about its implications for law in general and environmental law in particular. Facilitator of a conference in Rennes in March 2007 from which arose the twenty-tree essays in this book, CNRS research manager Nathalie Hervé-Fournereau (Rennes I University) lists some of the questions. What type of integration in the legal sphere can be considered for these heteroclite and varied voluntary approaches? What legal form and content should they have? What value-added should be given to these voluntary agreements compared with the regulations and economic tools that exist in environmental law? What role should they be given in the toolbox of public and private interventions? These questions (and many others) are answered in a scientifically backed manner in this fine book by French and European researchers, local stakeholders, managers of non-governmental organisations and public and private environment law experts. The authors demonstrate how these voluntary approaches can be intriguing, disturbing and divisive. Intriguing because, as the editor explains, this "generic expression" is subject to "variable geometry definition" and "prudent and unfinished legal consideration" at the same time. Disturbing because the voluntary approaches are expression "of the multiplicity of arenas of rights and the logics of stakeholders" and "the reflection of laws with a multiplicity and changing intensity of legislative density" at the same time. Divisive because some challenge their "environmental effectiveness," which means at the very least that one should attempt to make proper use of the voluntary agreements.
Above all, point out Sylvie Hennion and Catherine Flaesch-Mougin, voluntary approaches are worrying to lawyers "when the new governance principles risk entering into conflict with the higher values of the rule of law". The book does not hide "the dangers of over-use of this method as a substitute in terms of the fundamental values of a democratic, transparent, society - the role of Parliament in passing new legislation, the role of judges… not to mention the risk of the general interest being taken over by those involved". In the preface, EU Environment Commissioner Stavros Dimas does not duck the issues, but does put things into perspective. In his opinion, voluntary approaches can complement legislation and only come into play when legislation cannot, for various reasons, be used, particularly at international and local levels. The Commissioner points out that "traditional legislation is still necessary and essential for providing a clear framework and objectives," and Europe remains at the cutting edge in this field. He points out in his conclusion, however, that "voluntary approaches can also help made legislation effective by providing it with a way of mobilising stakeholders and defining and developing conditions for suitable action".
Michel Theys
*** BERNHARD A. KOCH: Economic Loss Caused by Genetically Modified Organisms. Liability and Redress for the Adventitious Presence of GMOs in Non-GM Crops. Springer (P. O. Box 89, 4-6 Sachsenplatz, 1201 Vienna, Austria. Tel: (43-1) 3302415-0 - Fax: 3302426 - email: books@springer.at - Internet: http://www.springer.at ). "Tort and Insurance Law" series, No. 24. 2008, 759 pp, €199-95. ISBN 978-3-211-77987-3.
European farmers are free to choose between traditional farming, organic farming and genetically modified plants. GMOs are the subject of fierce debate but another debate has been generated, about the co-existence of normal and genetically modified organisms which cannot be separated off in perfect isolation. Some 'traditional' farmers are detecting traces of GMOs in their own crops. Legal instruments are needed to render secure the separation between different types of plants in terms of balancing the interests of farmers. In this connection, the Directorate-General for Agriculture and Rural Development at the European Commission commissioned research in 2006 from two Austrian centres specialising in the law of tort to assess the economic damage caused by the accidental presence of GMOs in traditional crops and to decide on the damages that should be paid by those responsible. The rules governing this vary from Member State to Member State. Some have introduced special systems, while others have set up compensation funds. This books describes the responses of European courts in reports on each Member State. Alongside tort law, insurance and other compensation schemes, the author focusses on cross-border issues. He concludes with an overall comparison and examines the question of the necessary legal practices. The book also includes an economic analysis of the various possible solutions.
(EPi)
*** JAN M. HEBLY: European Public Procurement. Legislative History of the 'Utilities' Directive 2004/17/EC. Wolters Kluwer Law International (P. O. Box 316, 2400 AH Alphen aan den Rijn, The Netherlands. email: sales@kluwerlaw.com - Internet: http://www.kluwerlaw.com ). 2008, 1,749 pp. ISBN 978-90-411-2558-3.
This book sets out the legislative history of the Utilities Directive (2004/17/EC) that coordinates public tender procedures for water, energy, transport and postal services. The directive was drawn up and adopted in follow-up to EU Directive 2004/18/EC on coordination of procedures for granting public works tenders and contracts for supplies and services. Based on the best bid principle, both directives clarify and simplify existing directives to adapt them to the needs of modern civil services and government. The Services Directive has a long history, dating right back to the Treaty of Rome that set up the European Economic Community. Its more tangible history, however, is in the European Commission's 1996 Green Paper on public tender in the European Union and considerations for the future. The Green Paper aimed to start a debate on simplifying the existing legislation governing the award of public tenders, clarifying the complex rules and changing them where problems could not be resolved through interpretation of the measures. After dialogue and discussions surrounding the Green Paper, the legal changes were divided into two sections - simplifying the directive on the one hand and revising the early legislation. The Commission called for changes in content to take account of the emergence of the information society, the state's withdrawal from some areas of the economy and the budget austerity measures of the time. Three aims were pursued - updating the rules to account for new technologies and changes in the economic framework while simplifying and clarifying rules that were at times over-complex and over-detailed; introducing greater flexibility in order to be in a better position to respond to criticisms about some areas of public procurement which did not meet the needs of bidders; and encouraging greater dialogue between the competent authorities and bidders. The directive aims to ensure respect of fair treatment, transparency and non-discrimination in the award of public contracts in the Member States. Alongside all the legislative documents, reports, recommendations and commentaries, this research by a professor at Leiden University in the Netherlands (who is also a lawyer) explores articles relating to the debate that played an important role in the drafting of the directive. Detailed, useful and instructive research to help readers understand the development of EU legislation.
(EPi)
*** JACQUES PELCKMANS, DOMINIK HANF, MICHELE CHANG (Eds.): The EU Internal Market in Comparative Perspective. Economic, Political and Legal Analyses. Presses Interuniversitaires Européennes - Peter Lang (1 av. Maurice, B-1050 Brussels. Tel: (41-32) 3761717 - Fax: 3761727 -email: info@peterlang.com - Internet: http://www.peterlang.com ). "College of Europe Studies" series, No. 9. 2008, 314 pp, €42.90. ISBN 978-90-5201-424-1.
An engine of EU integration that is often seen by the public as a fact of life, despite its malfunctioning, the Internal Market (Common Market) is in fact "work in progress," surrounded by mystery and prejudice. Over the past fifteen years, very little has been written on the subject, and the few moves in this direction have given rise to very much. Moreover, as this book shows, the political, economic and legal approaches to the Internal Market are usually characterised by contradictions rather than commonalities. Why? The authors discuss four explanations - the huge number of fields covered, the fragmentation of fields by the EU institutions, the widespread prejudice that the lion's share of the work has already been achieved, and lack of consistency in the European Union's policies. Without claiming to provide solutions to all these issues, the book makes a symbolic first step in this direction. In addition to defining and assessing the functioning of the Internal Market, the authors take on the tricky issue of liberalisation of services, comparing the EU's common market with its equivalents on the other side of the Atlantic. Rather than the content as such, it is the method that is praiseworthy here. Noting the lack of joined-up thinking among the various approaches to the Single Market, the authors have written an cross-disciplinary work, where each subject is considered in turn by an economist, a lawyer and a political analyst. This à la carte approach helps readers discern differences in viewpoint and develop their own understanding of the Common Market and the challenges it will face in the future.
(TBa)
*** Suivi de la situation de la France au regard des indicateurs de Lisbonne. Edition 2009. Les éditions des journaux officiels (26 rue Desaix, F-75727 Paris cedex 15. Tel: (33-1) 40587979 - Fax: 45791784 - email: info@journal-officiel.gouv.fr - Internet: http://www.journal-officiel.gouv.fr ). "Avis et Rapports du Conseil Economique, Social et Environnemental" series. 2009, 244 pp, €24. ISBN 978-2-11-120818-6.
This book publishes a new assessment by the Economic, Social and Environment Committee of France of the progress made by France (as at the end of 2008) in moving towards the introduction in Europe of the world's most competitive and dynamic knowledge-based economy in line with the Lisbon Strategy and the fourteen structural indicators listed by the European Council. Innovation, social cohesion, jobs and the environment are paid particular attention in the research. On the more political front, the authors observe that the delays in achieving the avowed aims and the economic and financial crisis call for "improvement in EU governance, great steps forward in coordinating economic policies, and the creation of big mobilising programmes," but the "Open Coordination Method" has demonstrated its ineffectiveness. The French committee calls urgently for "both an easing of the impact that the economic recovery criteria call for at national and EU level, and better coordinated and more suitable responses". There are also maps and diagrams providing a statistical overview of the situation in the 27 different Member States.
(PBo)
*** Research for Europe. A selection of EU success stories. European Communities (Publications Office & DG Research. Fax: (32-2) 2958220 - email: research-eu@ec.europa.eu - Internet: http://www.ec.europa.eu/reserach/research-eu ). 2008, 111 pp. ISBN 978-92-79-06980-2.
This elegant official EU publication describes forty research project success stories funded by the EU's 6th 'Framework Programme'. They cover areas that have a direct impact on the life of ordinary Europeans in terms of health, food, energy and the environment.
(PBo)
*** Responsabilité & Environnement. Editions ESKA (12 rue du Quatre-Septembre, F-75002 Paris. Tel: (33-1) 42865573 - Fax: 42604535 - email: eska@eska.fr - Internet: http: //http://www.eska.fr ). "Annales des Mines" series, No. 54. 2009, 84 pp, €23. Annual subscription: €81 (France) or €98 (elsewhere). ISBN 978-2-7472-1556-5.
The special report in this excellent review looks at corporate responsibility for the environment and towards society. Under Roman Emperor Trajan, the owner of a cheese shop was found guilty of annoying his neighbours, and one suspects the same thing might happen today. The problem is considered in detail from the legal, business and technical viewpoints.
(PBo)