IDEAS home Printed from https://ideas.repec.org/a/spr/ieaple/v18y2018i2d10.1007_s10784-017-9380-y.html
   My bibliography  Save this article

Protecting wild land from wind farms in a post-EU Scotland

Author

Listed:
  • Simon Marsden

    (University of Stirling)

Abstract

Scotland is one of the places in Europe to have experienced significant wind farm development over recent years. Concern about impacts on wild land has resulted in legal challenges based on European Union (EU) law. This article analyses whether wild land can be protected from wind farms and the differences that the United Kingdom departure from the EU will make. It considers the concept of ‘wild land’ compared with ‘wilderness’, analyses the legal basis (if any) for wild land protection and examines potential impacts from wind farms. It highlights the significance of EU environmental law, particularly nature conservation and environmental assessment law, and analyses recent Scottish jurisprudence that has applied this. The role of the European Commission and Court of Justice of the EU (CJEU) is emphasised as a key part of EU environmental law. The article asks whether relevant global and regional environmental agreements can effectively replace the content of the substantive law and context of the Commission and CJEU. Four environmental agreements and two related compliance procedures are briefly evaluated. The conclusion is that while EU law does not directly provide protection for wild land, it is considerably stronger than the international environmental agreements that may replace it.

Suggested Citation

  • Simon Marsden, 2018. "Protecting wild land from wind farms in a post-EU Scotland," International Environmental Agreements: Politics, Law and Economics, Springer, vol. 18(2), pages 295-314, April.
  • Handle: RePEc:spr:ieaple:v:18:y:2018:i:2:d:10.1007_s10784-017-9380-y
    DOI: 10.1007/s10784-017-9380-y
    as

    Download full text from publisher

    File URL: http://link.springer.com/10.1007/s10784-017-9380-y
    File Function: Abstract
    Download Restriction: Access to the full text of the articles in this series is restricted.

    File URL: https://libkey.io/10.1007/s10784-017-9380-y?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    As the access to this document is restricted, you may want to search for a different version of it.

    References listed on IDEAS

    as
    1. Robert Mc Morran & Martin Price & Charles Warren, 2008. "The call of different wilds: the importance of definition and perception in protecting and managing Scottish wild landscapes," Journal of Environmental Planning and Management, Taylor & Francis Journals, vol. 51(2), pages 177-199.
    2. Unknown, 2016. "Energy for Sustainable Development," Conference Proceedings 253270, Guru Arjan Dev Institute of Development Studies (IDSAsr).
    3. Tony Jackson & Barbara Illsley, 2006. "Strategic environmental assessment as a tool of environmental governance: Scotland's extension of the European Union SEA Directive," Journal of Environmental Planning and Management, Taylor & Francis Journals, vol. 49(3), pages 361-383.
    4. Vera Batanjski & Ana Batrićević & Dragica Purger & Antun Alegro & Slobodan Jovanović & Vladan Joldžić, 2016. "Critical legal and environmental view on the Ramsar Convention in protection from invasive plant species: an example of the Southern Pannonia region," International Environmental Agreements: Politics, Law and Economics, Springer, vol. 16(6), pages 833-848, December.
    Full references (including those not matched with items on IDEAS)

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Matilda Petersson & Peter Stoett, 2022. "Lessons learnt in global biodiversity governance," International Environmental Agreements: Politics, Law and Economics, Springer, vol. 22(2), pages 333-352, June.
    2. Vassiliki Vlami & Jan Danek & Stamatis Zogaris & Eirini Gallou & Ioannis P. Kokkoris & George Kehayias & Panayotis Dimopoulos, 2020. "Residents’ Views on Landscape and Ecosystem Services during a Wind Farm Proposal in an Island Protected Area," Sustainability, MDPI, vol. 12(6), pages 1-18, March.
    3. Vassiliki Vlami & Ioannis P. Kokkoris & Stamatis Zogaris & George Kehayias & Panayotis Dimopoulos, 2020. "Cultural Ecosystem Services in the Natura 2000 Network: Introducing Proxy Indicators and Conflict Risk in Greece," Land, MDPI, vol. 10(1), pages 1-27, December.

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Villanthenkodath, Muhammed Ashiq & Mahalik, Mantu Kumar, 2021. "Does economic growth respond to electricity consumption asymmetrically in Bangladesh? The implication for environmental sustainability," Energy, Elsevier, vol. 233(C).
    2. Shahbaz, Muhammad & Hoang, Thi Hong Van & Mahalik, Mantu Kumar & Roubaud, David, 2017. "Energy consumption, financial development and economic growth in India: New evidence from a nonlinear and asymmetric analysis," Energy Economics, Elsevier, vol. 63(C), pages 199-212.
    3. Schlör, Holger & Venghaus, Sandra & Hake, Jürgen-Friedrich, 2018. "The FEW-Nexus city index – Measuring urban resilience," Applied Energy, Elsevier, vol. 210(C), pages 382-392.
    4. Mollik, Sazib & Rashid, M.M. & Hasanuzzaman, M. & Karim, M.E. & Hosenuzzaman, M., 2016. "Prospects, progress, policies, and effects of rural electrification in Bangladesh," Renewable and Sustainable Energy Reviews, Elsevier, vol. 65(C), pages 553-567.
    5. Obsatar Sinaga & Mohd Haizam Mohd Saudi & Djoko Roespinoedji & Mohd Shahril Ahmad Razimi, 2019. "The Dynamic Relationship between Natural Gas and Economic Growth: Evidence from Indonesia," International Journal of Energy Economics and Policy, Econjournals, vol. 9(3), pages 388-394.
    6. Asongu, Simplice A. & Odhiambo, Nicholas M., 2021. "Inequality, finance and renewable energy consumption in Sub-Saharan Africa," Renewable Energy, Elsevier, vol. 165(P1), pages 678-688.
    7. Shirzad, Mohammad & Kazemi Shariat Panahi, Hamed & Dashti, Behrouz B. & Rajaeifar, Mohammad Ali & Aghbashlo, Mortaza & Tabatabaei, Meisam, 2019. "A comprehensive review on electricity generation and GHG emission reduction potentials through anaerobic digestion of agricultural and livestock/slaughterhouse wastes in Iran," Renewable and Sustainable Energy Reviews, Elsevier, vol. 111(C), pages 571-594.
    8. Teng, Meixuan & Burke, Paul J. & Liao, Hua, 2019. "The demand for coal among China's rural households: Estimates of price and income elasticities," Energy Economics, Elsevier, vol. 80(C), pages 928-936.
    9. Wan-Lin Yong & Jerome Kueh & Yong Sze Wei & Jang-Haw Tiang, 2020. "Energy Consumption and Economic Growth Nexus in China: Autoregressive Distributed Lag (ARDL)," Journal of Public Administration and Governance, Macrothink Institute, vol. 10(2), pages 194212-1942, December.
    10. Ruqayya Ibraheem & Ismat Nasim, 2021. "Globalization, Energy Use and Environmental Degradation in Thailand," iRASD Journal of Energy and Environment, International Research Association for Sustainable Development (iRASD), vol. 2(1), pages 01-11, June.
    11. Wenxiao Chu & Maria Vicidomini & Francesco Calise & Neven Duić & Poul Alborg Østergaard & Qiuwang Wang & Maria da Graça Carvalho, 2022. "Recent Advances in Low-Carbon and Sustainable, Efficient Technology: Strategies and Applications," Energies, MDPI, vol. 15(8), pages 1-30, April.
    12. Sadeq Hooshmand Zaferani & Mehdi Jafarian & Daryoosh Vashaee & Reza Ghomashchi, 2021. "Thermal Management Systems and Waste Heat Recycling by Thermoelectric Generators—An Overview," Energies, MDPI, vol. 14(18), pages 1-21, September.
    13. Setterberg, Hanna & Sjöström, Emma, 2021. "Action Lab: Integrated Communications on Financial and ESG Performance in the Earnings Call," Misum Working Paper Series 2021-1, Stockholm School of Economics, Mistra Center for Sustainable Markets (Misum).
    14. Ouyang, Yaofu & Li, Peng, 2018. "On the nexus of financial development, economic growth, and energy consumption in China: New perspective from a GMM panel VAR approach," Energy Economics, Elsevier, vol. 71(C), pages 238-252.
    15. Muhammad Shahbaz & Syed Jawad Hussain Shahzad & Mantu Kumar Mahalik & Perry Sadorsky, 2018. "How strong is the causal relationship between globalization and energy consumption in developed economies? A country-specific time-series and panel analysis," Applied Economics, Taylor & Francis Journals, vol. 50(13), pages 1479-1494, March.
    16. Anandkumar Balasubramaniam & Anand Paul & Won-Hwa Hong & HyunCheol Seo & Jeong Hong Kim, 2017. "Comparative Analysis of Intelligent Transportation Systems for Sustainable Environment in Smart Cities," Sustainability, MDPI, vol. 9(7), pages 1-12, June.
    17. Sinha, Avik & Shahbaz, Muhammad, 2018. "Estimation of Environmental Kuznets Curve for CO2 emission: Role of renewable energy generation in India," Renewable Energy, Elsevier, vol. 119(C), pages 703-711.
    18. Miriam Müller & Oscar Reutter, 2017. "Vision Development towards a Sustainable North Rhine-Westphalia 2030 in a Science-Practice-Dialogue," Sustainability, MDPI, vol. 9(7), pages 1-27, June.
    19. Erik Lundsgaarde & Niels Keijzer, 2019. "Development Cooperation in a Multilevel and Multistakeholder Setting: From Planning towards Enabling Coordinated Action?," The European Journal of Development Research, Palgrave Macmillan;European Association of Development Research and Training Institutes (EADI), vol. 31(2), pages 215-234, April.
    20. Simshauser, P., 2019. "On the impact of government-initiated CfD’s in Australia’s National Electricity Market," Cambridge Working Papers in Economics 1901, Faculty of Economics, University of Cambridge.

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:spr:ieaple:v:18:y:2018:i:2:d:10.1007_s10784-017-9380-y. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Sonal Shukla or Springer Nature Abstracting and Indexing (email available below). General contact details of provider: http://www.springer.com .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.