The Habitats Directive in its EU Environmental Law Context
European Nature’s Best Hope?
This book analyses the Habitats Directive; one of the most prominent piece of EU environmental legislation of the past decades. Seen by some as the cornerstone of Europe’s nature conservation policy, among other measures the Directive established the so-called "Natura 2000" ecological network, which covers more than 18% of the surface of the EU. However, despite the fact the Directive was adopted over twenty years ago only 17% of the protected habitats and species in Europe are being adequately protected while 10-60 % of animal species remain under threat.
In light of the limited success and the contested nature of the Habitats Directive so far this book examines the successes and failures of the Habitats Directive from a legal and political angle. The book brings together international experts to consider the application, implementation and future of the Habitats Directive in order to assess whether the Habitats Directive is resilient enough to tackle biodiversity loss in the twenty- first century. Particular emphasis is put on the legal regime attached to the Natura 2000 network and its possible impact on land development and the relationship between the Habitats Directive and other topics including liability for ecological damage and transboundary nature conservation.
Table of Contents
Introduction Part I: Back to the Roots: The Ecological Origins of the Habitats Directive 1. Global Objectives and Scope of the Habitats Directive: What does the Obligation of Result Mean in Practice?, Marc Clément 2. The Added Value of the Habitats Directive: Is Biodiversity in a Better Conservation Status Since the Habitats Directive has Entered into Force?, Carlos Romão Part II Natura 2000: Protecting and Enhancing the World’s Biggest Ecological 3. Sites Selection and Designation under the Habitats and Birds Directives: A Sisyphean Task?, Hendrik Schoukens and Hans Erik Woldendorp 4. The Concept of "Conservation Objectives" in the Habitats Directive: A Need for a Better Definition?, Lucile Stahl 5. Instruments for Sites Active Management of Natura 2000: Balancing Between Stakeholders and Nature Conservation?, Agustín García-Ureta And Íñigo Lazkano 6. Appropriate Impact Assessment: The Key to Effective Integration of Nature Conservation Issues into Land-Use Planning, Francis Haumont 7. Compensatory Measures Under Article 6(4) Of The Habitats Directive: No Net Loss For Natura 2000?, Donald Mcgillivray Part III Species Protection: The "Forgotten Part" of the Habitats Directive 8. Species Protection in The European Union: How Strict is Strict?, Hendrik Schoukens And Kees Bastmeijer 9. The Impact of Species Protection on Land Use Planning Via the Environmental Assessment: Towards a More Proactive Approach?, Christoph Sobotta 10. Trading in Wildlife Under the Habitats and Birds Directives: Restricted Movement of Species V Free Movement of Goods, Nicolas De Sadeleer Part IV Transversal Issues: The Habitats Directive and its Neighbours 11. The Threshold for Liability for Ecological Damage in the EU: Mixing Environmental and Conservation Law, Valerie Fogleman 12. Property Rights and Nature Conservation, Gerd Winter 13. Implementation and Enforcement of the Habitats Directive 92/43/EEC, Ludwig Krämer 14. Transboundary Nature Conservation: Are there no Boundaries Within the Natura 2000 Network?, Alexandra Aragão Part V Science-Policy and Nature Conservation: Best Friends Forever? 15. Restoring Nature in the EU: The Only Way is Up?, An Cliquet, Kris Decleer And Hendrik Schoukens 16. Connectivity: Is Natura 2000 Only an Ecological Network on Paper?, Jonathan Verschuuren 17. The Habitats Directive and Climate Change: Is the Law Climate Proof?, Arie Trouwborst 18. IAS Beyond the Habitats Directive: A Momentum for Further EU Harmonization?, Delphine Misonne 19. How to Cope With the Unknown? A Few Things about Scientific Uncertainty, Precaution and Adaptive Management, Eve Truilhé-Marengo 20. Under Fire from all Directions: Swedish Wolf Management Hunting Scrutinized By Brussels… and at Home, Jan Darpö And Yaffa Epstein Part VI Nature Conservation @ Sea: A Brave New World? 21. Natura 2000 And Fisheries: A Question of Competence or Willingness?, Hendrik Schoukens and Harm Dotinga 22. Marine Species Protection And Management in the European Union: Who will Save Our Dolphins?, Sandy Luk and Sarah Gregerson 23. Nature Conservation and Water Management: One Battle?, Peter De Smedt and Marleen Van Rijswick Part VII The Integration Of Nature Conservation In Other Policy Areas: 20 Years Of Solitude? 24. Biodiversity and Agriculture: Greening the Cap Beyond the Status Quo?, Isabelle Doussan and Hendrik Schoukens 25. Biodiversity outside Protected Areas: An Outlaw Waiting to be Saved?, Geert Van Hoorick Part VIII New Approaches To Nature Conservation: A Quick Glance at the Future 26. Ecosystem Services: The Real Value of Nature, Kathleen Mertens 27. Habitat Offset and Banking – Will It Save Our Nature? Perspectives for a more Comprehensive and Flexible Approach to Nature Protection, Moritz Reese Outlook
Charles-Hubert Born is a Professor at the Catholic University of Louvain, Belgium.
An Cliquet is a Professor at University of Ghent, Belgium.
Hendrik Schoukens is an FWO Researcher at the University of Ghent, Belgium.
Delphine Misonne is a Professor at the Saint-Louis-Bruxelles University, Belgium.
Geert Van Hoorick at the University of Ghent, Belgium.