1997 Fiscal Year Final Research Report Summary
Common Environemtnal Policy of EU
| Project/Area Number |
08452003
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| Research Category |
Grant-in-Aid for Scientific Research (B)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
International law
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| Research Institution | HIROSHIMA UNIVERSITY |
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Principal Investigator |
MIZUKAMI Chiyuki Hiroshima University, Faculty of Law, Professor, 法学部, 教授 (60115277)
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| Co-Investigator(Kenkyū-buntansha) |
YAMASHITA Takeshi Tokai University, Faculty of Law, Professor, 法学部, 教授 (30033749)
NISHITANI Hajime Hiroshima University, Faculty of Law, Professor, 法学部, 教授 (80208181)
AIZAWA Yoshiharu Hiroshima University, Faculty of Law, Professor, 法学部, 教授 (60150900)
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| Project Period (FY) |
1996 – 1997
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| Keywords | Maarstncht Treaty / EU / Enviromental Policy / Common Policy |
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| Research Abstract |
EC ligislation concerning environments have some effects on other common policies such as commercial and competition. But at the same time legisltion on these policies may also include enactment affecting environment issues. EC organs have different competence over different issues. Relations between those organs are also different according to issues concerned. At the same time residual powers reserved for Member States also aaffect competence of Ec organs in the common environmental policy.
EC Court has maintained that in general principle the common environmental policy which has cross over effect, the general competence provision overrules the specific competence provision. But at the same time the Court held that the environmental policy may be achieved on the basis of the both provisions. The Court seems to base its ruling on the notion of public interests.
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