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Environmental Law & Management, Vol. 28, Issues ELM V28 N3-4_COVER+SPINE_Studio_ELM V23 N5_Cover FINAL.qxd 18/11/2016 12:54 Page 1 VOLUME 28 ISSUES 3–4 2016 ENVIRONMENTAL LAW & MANAGEMENT LAW ENVIRONMENTAL 2016 UKELA CONFERENCE PAPERS ELM 28 (2016) 109–180 SPECIAL ISSUE UNITED KINGDOM ENVIRONMENTAL LAW ASSOCIATION UKELA CONFERENCE PAPERS 2016 From global to local: how international environmental law affects UK practice in energy, infrastructure, nature conservation and habitats, planning, regulation and litigation CONTENTS Foreword STEPHEN SYKES Who needs fossil fuels? Legislators accelerating the global energy transition NICHOLAS DUNLOP Natural resource damage assessment: lessons for the EU NICHOLAS GARD Striking the balance: international marine conservation STEPHEN HOCKMAN The EU Habitats Directive and protected area management HEATHER HAMILTON, CATHERINE WELLER TTIP: what is it and should I even be bothered? STEPHEN TROMANS PUBLISHERS OF What UK lawyers need to know about environmental and climate change issues in BIO-SCIENCE LAW REVIEW North America CONTEMPORARY ISSUES IN LAW JONATHAN KAHN ENVIRONMENTAL LAW & MANAGEMENT Commercial issues: environmental issues in China as described by Dr Geoff Raby GEOFF RABY, CHRISTINE COVINGTON ENVIRONMENTAL LIABILITY International law in domestic practice: advice for practitioners on how INFORMATION TECHNOLOGY LAW REPORTS international and comparative law arises in domestic case law THE JOURNAL OF INTERNATIONAL MARITIME LAW JAMES MAURICI THE JOURNAL OF WATER LAW Recent developments in transboundary environmental law UTILITIES LAW REVIEW PETER HARVEY Business and the global environment: the reality of business coalitions and carbon reduction NIGEL TOPPING WWW.LAWTEXT.COM Ten tips for outside counsel e-mail: [email protected] LAWTEXT PAMELA BARKER Tel: +44 (0) 1993 706183 Working Party Presentations Fax: +44 (0) 1993 709410 Nature conservation Noise ISSN 1067 6058 WYN JONES FRANK MCMANUS Contents_Verso_ELM Article template 15/11/2016 15:05 Page 109 Volume 28 Issues 3–4 2016 ISSN 1067 6058 UNITED KINGDOM ENVIRONMENTAL LAW ASSOCIATION (UKELA) CONFERENCE PAPERS 2016 The University of Sussex, 1–3 July 2016 From global to local: how international environmental law affects UK practice in energy, infrastructure, nature conservation and habitats, planning, regulation and litigation STEPHEN SYKES Foreword 111 Chair, UKELA From global to local: how international environmental law affects UK practice in energy, infrastructure, nature conservation and habitats, planning, regulation and litigation TERRY A’HEARN Address given at the Conference gala dinner 118 Chief Executive, SEPA FROM GLOBAL TO LOCAL: KEYNOTE NICHOLAS DUNLOP Who needs fossil fuels? Legislators accelerating the 119 Secretary General, Climate Parliament and global energy transition Keynote Speaker of the Conference FROM GLOBAL TO LOCAL: THE NATURAL WORLD NICHOLAS GARD Natural resource damage assessment: lessons for the EU 123 Managing Scientist, Ecological and Biological Sciences Practice, Exponent, USA STEPHEN HOCKMAN Striking the balance: international marine conservation 128 Six Pump Court, London HEATHER HAMILTON The EU Habitats Directive and protected area management 135 Lawyer, ClientEarth CATHERINE WELLER Senior Lawyer, Head of Biodiversity Programme, ClientEarth FROM GLOBAL TO LOCAL: COMMERCIAL ISSUES STEPHEN TROMANS TTIP: what is it and should I even be bothered? 142 39 Essex Chambers, London JONATHAN KAHN What UK lawyers need to know about environmental and 150 Partner, Blake, Cassels & Graydon LLP, Toronto, Canada climate change issues in North America GEOFF RABY Commercial issues: environmental issues in China 153 Former Australian Ambassador to China and as described by Dr Geoff Raby Co-Chair of Corrs’ China CHRISTINE COVINGTON Partner, Corrs Chambers Westgarth, Australia GLOBAL ENVIRONMENTAL ISSUES IN PRACTICE – THE LAW, THE CLIENT AND THE PRACTICALITIES JAMES MAURICI International law in domestic practice: advice for 155 Landmark Chambers, London practitioners on how international and comparative law arises in domestic case law PETER HARVEY Recent developments in transboundary environmental law 164 Practical Law Environment (Thomson Reuters), London NIGEL TOPPING Business and the global environment: the reality of 168 CEO, We Mean Business business coalitions and carbon reduction PAMELA BARKER Ten tips for outside counsel 171 Chair, SEER, ABA and Member, Lewis Rice LLC, USA WORKING PARTY PRESENTATIONS WYN JONES Nature Conservation 174 Nature Conservation Working Party Convenor FRANCIS MCMANUS Noise 176 Noise Working Party Convenor Contents_Verso_ELM Article template 15/11/2016 15:05 Page 110 Volume 28 Issues 3–4 2016 ISSN 1067 6058 Environmental Law & Management MANAGING EDITOR EDITORIAL BOARD www.lawtext.com Dr Ben Pontin ISSN 1067 6058 Senior Lecturer, Andrew Bryce Volume 28 (2016) Cardiff Law School, Andrew Bryce & Co 6 issues plus index Cardiff University £602 Professor Malcolm Forster Principal Consultant, CONTRIBUTIONS EDITORS Freshfields Bruckhaus Deringer, The editors and publisher welcome British Institute for International and submissions for publication. Articles, letters CASE LAW EDITOR and other material should be submitted to: Comparative Law Jason Lowther The Publishing Editor Associate Professor, Brian Greenwood Environmental Law & Management School of Law, Partner, Lawtext Publishing Limited University of Plymouth Office G18 – Spinners Court Clyde & Co 55 West End, Witney Oxon, OX28 1NH EUROPEAN UNION EDITOR Professor William Howarth Joanne Sellick Professor of Environmental Law, e-mail: [email protected] Associate Dean, Tel: +44 (0) 1993 706183 University of Kent at Canterbury Fax: +44 (0) 1993 709410 School of Law, University of Plymouth Tim Jewell Legal advisor, This journal is a refereed journal and may be cited as: (2016) 28 ELM 00 SCOTTISH EDITOR HM Government Sarah Hendry Lecturer in Law, Owen Lomas Environmental Law & Management is Centre for Water Law, Consultant, published by Lawtext Publishing Limited Policy and Science, Environment and Safety Group, © 2016 Lawtext Publishing Limited University of Dundee Travers Smith All rights reserved. BEHIND THE HEADLINES Gordon McCreath Any UK statutory material in this publication is acknowledged as Crown Copyright. Dr David Pocklington Partner, Director, Pinsent Masons No part of this publication may be Enviro-Law & Policy reproduced or transmitted in any form, or by any means, or stored in any retrieval Professor Colin Reid system of any nature without the written BOOK REVIEW EDITOR Department of Law, permission of the publishers. Neil Parpworth University of Dundee Department of Law, Permitted fair dealing under the De Montfort University Copyright, Designs and Patents Act 1988, or Paul Rice in accordance with the terms of a licence Partner, Head of Energy Sector issued by the Copyright Licensing Agency in Pinsent Masons respect of photocopying and/or reprographic reproduction is excepted. Andrew Waite Any application for other use of copyright Consultant, material including permission to reproduce Keystone Law extracts in other published works must be made to the publishers, and in the event of such permission being granted full Chris Willmore acknowledgement of author, publishers and School of Law, source must be given. University of Bristol Lawtext Publishing takes no responsibility for the accuracy of URLs of external Andrew Wiseman websites given in this publication nor for the Partner, accuracy or relevance of their content. Harrison Grant Solicitors PUBLISHER Nicholas Gingell PUBLISHING EDITOR Catherine Pocock Design and production by: The Studio Publishing Services Ltd e-mail: [email protected] www.publishingservicesuk.co.uk i_Foreword_ELM Article template 14/11/2016 12:43 Page 111 UKELA CONFERENCE 2016 : FOREWORD : (2016) 28 ELM 111 United Kingdom Environmental Law Association UKELA Conference 2016 In association with the University of Sussex, Jubilee Lecture Theatre, School of Business Management & Economics, Brighton, 1–3 July 2016 From global to local: how international environmental law affects UK practice in energy, infrastructure, nature conservation and habitats, planning, regulation and litigation Foreword President, patrons, ladies and gentlemen, could I extend a very warm welcome to everyone to UKELA’s 29th Annual Conference. The theme is how international environmental law affects all sectors of UK environmental practice. My immediate thanks go to the conference organising team, led by one of my vice chairs, Ben Stansfield, supported by Linda Farrow, other staff members and Origin Events. I prepared this address before the events of 23 June 2016. I can tell you that, within a few hours of the referendum result being announced, your executive director and staff and my vice chairs and I were in discussions about the implications for UKELA and for the UK’s environmental laws. I will return in just a few moments to let you know our approach to Brexit, arguably one of the most significant constitutional developments in our country since the Bill of Rights was passed in 1689. Let us first consider the theme for our conference and why the UK Environmental Law Association is having a conference about international environmental law at all: why are we emphatically not sticking to our UK knitting? Why have an international conference? It is a perfectly valid question. It has been put to me by a couple of our members. By this time tomorrow we will have all the answers. Our international and UK speakers will spell out, very clearly, why we all need to keep up-to-date with
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