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Articles 1 - 19 of 19
Full-Text Articles in Law
Market Mechanisms In Environmental Law, Sanja Bogojevic
Market Mechanisms In Environmental Law, Sanja Bogojevic
Sanja Bogojević
No abstract provided.
Climate Change Law And Policy In The European Union, Sanja Bogojevic
Climate Change Law And Policy In The European Union, Sanja Bogojevic
Sanja Bogojević
No abstract provided.
Eu Human Rights Law And Environmental Protection: The Beginning Of A Beautiful Friendship?, Sanja Bogojevic
Eu Human Rights Law And Environmental Protection: The Beginning Of A Beautiful Friendship?, Sanja Bogojevic
Sanja Bogojević
No abstract provided.
Global Imbalances In Climate Protection, Leadership Ambitions And Eu Climate Change Law, Sanja Bogojevic
Global Imbalances In Climate Protection, Leadership Ambitions And Eu Climate Change Law, Sanja Bogojevic
Sanja Bogojević
No abstract provided.
Judicial Protection Of Individual Applicants Revisited: Access To Justice Through The Prism Of Judicial Subsidiarity, Sanja Bogojevic
Judicial Protection Of Individual Applicants Revisited: Access To Justice Through The Prism Of Judicial Subsidiarity, Sanja Bogojevic
Sanja Bogojević
Rules on standing hold the power to enable, as well as foreclose, intervention in regulatory processes. As such, they determine whom, and according to which criteria regulatory power may be challenged. This makes standing rules pivotal to any legal system. In the EU context, the Court of Justice of the European Union (CJEU) has, over the years, been much criticised for its narrow interpretation of direct standing rules of individual applicants. Examining recent case law on standing of individual applicants, focusing on jurisprudence concerning mainly EU environmental law, this article sheds new light on this judicial approach, arguing that the …
Europeanization Of The Judiciary In Southeast Europe, Sanja Bogojevic
Europeanization Of The Judiciary In Southeast Europe, Sanja Bogojevic
Sanja Bogojević
No abstract provided.
Adequate Legal Protection And Good Administration In Eu Asylum Procedures: The Case C-604/12 H.N. And Beyond, Sanja Bogojevic, Xavier Groussot, Megi Medzmariashvili
Adequate Legal Protection And Good Administration In Eu Asylum Procedures: The Case C-604/12 H.N. And Beyond, Sanja Bogojevic, Xavier Groussot, Megi Medzmariashvili
Sanja Bogojević
No abstract provided.
Eu Climate Change Litigation: All Quiet On The Luxembourgian Front?, Sanja Bogojevic
Eu Climate Change Litigation: All Quiet On The Luxembourgian Front?, Sanja Bogojevic
Sanja Bogojević
No abstract provided.
Subsidiarity As A Procedural Safeguard Of Federalism, Xavier Groussot, Sanja Bogojevic
Subsidiarity As A Procedural Safeguard Of Federalism, Xavier Groussot, Sanja Bogojevic
Sanja Bogojević
The subsidiarity principle is of obvious importance in a federal legal order built on conferred competences. Here, the federal order refers to a dual-levelled form of governance, that is the central and the national that operate in constitutional plurality, or, in other words, the legal order of the European Union (the Union). In such mode of organization, the key issue is establishing and enforcing mechanisms whereby the efficiency of the federal structure is ensured while avoiding excessive centralization of regulatory power. The core ethos of the subsidiarity principle is thus to deal with the division of fields of competences between …
Creating Property Rights: Law And Regulation Of Secondary Trading In The European Union (Book Review), Sanja Bogojevic
Creating Property Rights: Law And Regulation Of Secondary Trading In The European Union (Book Review), Sanja Bogojevic
Sanja Bogojević
No abstract provided.
Eu:S Handel Med Utsläppsrättigheter Och De Globala Obalanserna I Klimatskyddet, Sanja Bogojevic
Eu:S Handel Med Utsläppsrättigheter Och De Globala Obalanserna I Klimatskyddet, Sanja Bogojevic
Sanja Bogojević
No abstract provided.
Cjeu, Can You Hear Me? Access To Justice In Environmental Matters, Sanja Bogojevic
Cjeu, Can You Hear Me? Access To Justice In Environmental Matters, Sanja Bogojevic
Sanja Bogojević
Over the years, much ink has been spilled in the debate on standing of NGOs before the EU courts. This issue has been the object of particular consideration following the ruling in the Greenpeace case where the General Court denied the NGO in question standing on the basis that it did not ‘adduce any special circumstances to demonstrate the individual interest of their members’. Considering that environmental NGOs tend to represent the interests of society as a whole, or that of the environment in particular, imposing this kind of conditioning seems unreasonable. Indeed, this judgment, coupled with the more general …
Economic Thought And Climate Disruption: Neoclassical And Economic Dynamic Approaches In The Usa And The Eu, Sanja Bogojevic, David Driesen
Economic Thought And Climate Disruption: Neoclassical And Economic Dynamic Approaches In The Usa And The Eu, Sanja Bogojevic, David Driesen
Sanja Bogojević
In this article we consider the economic ideas that have influenced climate disruption law both in the USA and the EU. Although economic thought has led to the adoption of ‘market-based’ mechanisms in both places, its impact has been different: it created regulatory inertia in the USA, and green leadership in the EU—at least with respect to responding to climate disruption. We argue that different culture-specific economic conceptions about appropriate policy and policy analysis may help explain this divergence, thereby illustrating both various economic ideas and their distinct impact on climate law, as well as the need for environmental lawyers …
Eu Climate Change Litigation, The Role Of The European Courts, And The Importance Of Legal Culture, Sanja Bogojevic
Eu Climate Change Litigation, The Role Of The European Courts, And The Importance Of Legal Culture, Sanja Bogojevic
Sanja Bogojević
The purpose of this article is to show it is only in light of legal culture that climate change jurisprudence in the EU can be explained. Examining the case law concerning the EU Emissions Trading Scheme, this article demonstrates that climate change proceedings in the EU raise questions that stand at the heart of the EU legal order; that is, they demand that the boundaries of the EU’s regulatory competences are drawn. In effect, the EU courts focus on ensuring that EU climate change laws are in accord with the rule of law or, in the context of EU law, …
Emissions Trading Schemes: Markets, States And Law, Sanja Bogojevic
Emissions Trading Schemes: Markets, States And Law, Sanja Bogojevic
Sanja Bogojević
Over the past four decades emissions trading schemes have enjoyed a high profile in environmental law scholarship and environmental law and policy. Much of this regulatory discussion has promoted the use of emissions trading on the basis of its alleged straightforwardness in terms of construction and operation and wide applicability across different jurisdictions and environmental settings. This book challenges the common understanding of emissions trading by offering a more nuanced prism through which to view this regulatory choice. As such, it shows how different regulatory goals are entrusted to emissions trading, each having as its corollary particular governance structures, which, …
Legalising Environmental Leadership: A Comment On The Cjeu's Ruling In C-366/10 On The Inclusion Of Aviation In The Eu Emissions Trading Scheme, Sanja Bogojevic
Legalising Environmental Leadership: A Comment On The Cjeu's Ruling In C-366/10 On The Inclusion Of Aviation In The Eu Emissions Trading Scheme, Sanja Bogojevic
Sanja Bogojević
This article examines the recent judgment in case C-366/10 in which the CJEU upheld the widened scope of the EU Emissions Trading Scheme, to include aviation, against a challenge by US airlines. At the core of this case stands the question of the extent to which, if at all, the EU is allowed to unilaterally control greenhouse gas emissions from aviation given that to date these are unregulated at an international level. As such, this is a case concerning the legitimacy of regional regulatory responses to global institutional failings. What the court does is to legitimise EU’s leading role in …
Global Gazing: Viewing Markets Through The Lens Of Emissions Trading Discourses, Sanja Bogojević
Global Gazing: Viewing Markets Through The Lens Of Emissions Trading Discourses, Sanja Bogojević
Sanja Bogojević
No abstract provided.
Litigating The Nap: Legal Challenges For The Emissions Trading Scheme Of The European Union, Sanja Bogojević
Litigating The Nap: Legal Challenges For The Emissions Trading Scheme Of The European Union, Sanja Bogojević
Sanja Bogojević
No abstract provided.
Ending The Honeymoon: Deconstructing Emissions Trading Discourses, Sanja Bogojević
Ending The Honeymoon: Deconstructing Emissions Trading Discourses, Sanja Bogojević
Sanja Bogojević
Emissions trading schemes are often portrayed as straightforward regulatory strategies. The aim of this article is to initiate a much needed environmental law debate on this subject and defy any claims about emissions trading being unproblematic from a legal viewpoint. In doing so, I deconstruct emissions trading discourses, or more precisely, I categorise different viewpoints, as presented in emissions trading literature, in the Economic Efficiency, Private Property Rights, and Command-and-Control models. These reflect ways in which emissions trading schemes are understood in the relevant scholarly discussions. More importantly, the models show that emissions trading can be viewed through different lenses, …