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Brexit and the United Kingdom Water Environment

Howarth, William (2017) Brexit and the United Kingdom Water Environment. Journal for European Environmental and Planning Law, 14 (3-4). pp. 294-314. ISSN 1613-7272. E-ISSN 1876-0104. (doi:10.1163/18760104-01403003) (KAR id:64145)

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This paper notes the UK’s impending departure from the European Union, following the Brexit Referendum in 2016, and investigates the implications of this for environmental laws generally and, more particularly, for water protection legislation. At the time of writing, the UK Government’s Brexit White Paper is the focus of attention, setting out plans to repeal the European Communities Act 1972 and to replace existing EU law by corresponding national legislation. Taking the EU Water Framework Directive as a case study, the later part of the paper examines the inherent difficulties in this strategy in the particular context of water protection. It is suggested that there are major difficulties in finding national law counterparts for many of the EU obligations. Moreover, the exercise of trying to address environmental quality concerns through a purely national framework neglects the essentially transboundary character of many environmental problems and the need for a coordinated supra-national response.

Item Type: Article
DOI/Identification number: 10.1163/18760104-01403003
Divisions: Divisions > Division for the Study of Law, Society and Social Justice > Kent Law School
Depositing User: William Howarth
Date Deposited: 25 Oct 2017 14:55 UTC
Last Modified: 16 Feb 2021 13:49 UTC
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