Environmental Integration in Competition and Free‐Movement Laws

Date01 July 2017
Published date01 July 2017
AuthorMartin Hennig
require better tools and methodol-
ogy, climate change and various pri-
vate governance innovations being
particular examples.
There is also a rather stand-alone
chapter on transboundary EIA that
provides a systematic overview of
how Finland, Norway, Sweden and
Canada have transposed interna-
tional obligations into their national
EIA regulations. The chapter also
includes a case study of a Swedish
mining project, which is the only
case whereby a proposed project in
the Arctic has gone through a full
transboundary procedure. The topic
is interesting in the context of the
ongoing United Nations discussions
about a new instrument for bio-
diversity in areas beyond national
jurisdiction, where transboundary
assessment procedures are a part of
the package of negotiations.
The book is full of interesting infor-
mation, and the effort to obtain
views from stakeholders and
experts through interviews is highly
appreciated. However, such results
depend critically on the selection
of interviewees. For a Norwegian
reader, it is easiest to identify
several misunderstandings and
inaccuracies in the chapter about
Norway, probably caused by the
lack of informants from the respon-
sible authorities and academics spe-
cializing in EIA. There seems to be a
better selection of such informants
in many of the other countries. In
any case, a better quality assurance
of the country chapters would have
been beneficial.
The major criticism of the book is at
the analytical level. It is not suffi-
ciently grounded in the literature
on impact assessments. The intro-
duction explaining EIA is very brief,
with few definitions, no categoriza-
tions of the various types of assess-
ments or reflections on the role of
the instrument. That affects the
presentation of the EIA systems. I
often missed clearer references to
what the individual system or pro-
cedure is a case of. Without clearer
classifications, it is also hard to
make comparisons across the sys-
tems. Moreover, better references
to the literature would have clari-
fied that many of the deficiencies
and new developments identified
are not so new or unique. For
instance, regional assessment
addressing cumulative impacts is a
part of the strategic environmental
assessment toolkit; socio-economic
impacts have been routinely
assessed for decades in Norwegian
impact assessments; and the treat-
ment of alternatives has been a
recurrent theme in EIA discussions
for years. Nevertheless, it is of great
value that both achievements and
shortcomings are identified; this
serves as a basis for new initiatives
to improve the quality of EIAs both
in the Arctic and elsewhere. All the
detailed information provided in
the book is an invaluable knowledge
base for anyone who wants to anal-
yse, conduct or improve EIA in the
Arctic countries.
Gunnar Sander
University of Tromsø Norways
Arctic university
Environmental Integration
in Competition and Free-
Movement Laws,byJulian
Nowag, published by Oxford
University Press, 2016, 314
pp., £70.00, hardback.
In this book, the author conducts
an in-depth analysis of the state of
environmental integration in
European Union (EU) internal
market law. More precisely, the
author focuses on how the obliga-
tion to integrate environmental
policy is addressed in the area of
competition, State aid and free
movement law. Nowags work is
praiseworthy for several reasons.
First and foremost, the academic
accomplishment is remarkable.
Throughout the book, the author
makes a thorough comparison of
how, and to what extent, EU com-
petition, State aid and free move-
ment law can be interpreted to
permit environmentally beneficial
policies. Furthermore, Nowag
constructs a valuable distinction
between what he classifies as sup-
portiveand preventativeenviron-
mental integration. Supportive
integration concerns the extent to
which EU internal market law can
be interpreted to allow measures
that benefit the environment. In
this regard, the author reviews to
what extent public and private
measures that benefit the environ-
ment are caught by the scope of
the EU prohibitions that ban anti-
competitive behaviour and/or
State protectionist policy. Natu-
rally, Nowag also assesses if, and
to what extent, a breach of these
prohibitions can be justified to
secure the protection of the envi-
ronment. According to Nowag,
whereas supportive integration
permits and encompasses environ-
mentally beneficial measures,
preventative integration covers
instances in which EU internal
market law is applied in such a
way as to prevent environmental
degradation. The author concludes
that there is little scope for the
rules of the internal market to be
utilized for such market interven-
tion purposes and that to do so
would raise serious problems as
regards the competence of the EU
and the rule of law.
On the whole, Nowags book is an
outstanding and noteworthy feat.
An indisputably positive aspect of
the book is that it is written in plain
and understandable language, with
no traces of elitism and uncalled-for
exclusion of those who are less
versed in the theoretical constructs
of EU internal market law. Outside
the academic circle, the easily
accessible nature of the book should
make it a welcome addition to a
broad spectrum of lawyers who deal
with the environment and the EU.
Another potential customer target
group is students with at least
basic prior knowledge of EU inter-
nal market law.
There are, however, certain topics
that would have benefited from
ª2017 John Wiley & Sons Ltd
Review of European Community & International Environmental Law

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