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• The Past, Present, and Future of Environmental Policy (Book re- view)

  184-196

  Orsolya Bányai

  Views:

  118

  This is a book review from the book title "Why Environmental Policies Fail", the author is Jan Laitos (University of Denver Strum College of Law, 2017.)

• Quantum Mechanics and Law. What Does the Failure of Environmental Regulation Teach Us?

  60-82

  Orsolya Bányai

  Views:

  220

  The article first of all holds that environmental regulation has failed. This is because it is too weak to prevent the overstepping of ecological boundaries by humanity. This legal regulation reflects that human behavior is psychopathological. This collective mental illness may originate from false self-identification. Therefore, the author reviews the outcomes of modern natural sciences, such as quantum physics, cosmology, and non-local consciousness research. These results give sufficient support to argue, despite the traditional paradigm of materialism, that some aspects of consciousness are not limited by the space-time continuum. Moreover, all consciousness, regardless of its physical manifestations, is part of the universal Consciousness. From these scientific results, in line with ancient scriptures, an Eternal Order has evolved, which can be described at least by four fundamental and universal truths. This Eternal Order should be taken into account by positive law, if humanity wants to reach fulfillment within the ecological limits of the Earth.

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• Two saddles by one bottom only? The road transport regulation of the European Union concerning energy efficiency and energy conservation

  23-34

  Orsolya Bányai

  Views:

  104

  This article analyses and criticises regulation of the European Union (hereinafter: EU) in the field of energy consumption of road transport sector from ecological point of view. Three main regulatory tools are in the focus: EU CO2 -emissions requirements, energy efficiency labelling of vehicles and passenger car related taxes (Annual Circulation Taxes, Registration Tax). Changes are proposed in order to develop the efficiency of this EU level regulation.

• The EU Energy Efficiency Directive (EED) from an Environmental Law Perspective

  63-87

  Orsolya Bányai

  László Fodor

  Views:

  227

  This paper will focus on the 2012/27/EU Energy Efficiency Directive (EED). Since the EED is a rather new legal act, its assessment from an environmental law perspective has been neglected in academic literature. Therefore, the next question automatically arises: does the new directive take steps to improve the EU regulations concerning energy efficiency? The EED undoubtedly took a step forward by providing legally binding frameworks for the reduction of energy consumption (instead of the previous political and non-binding energy efficiency goals) and has done this in an absolute way, which is the most important requirement from an ecological point of view. Beyond the special targets of the EED, there are several specific requirements that may play a significant role in the realisation of the EED’s targets. Among these, for instance the following is highlighted in this paper: establishing energy efficiency obligation schemes or adopting alternative policy measures; the 3% commitment of renovation regarding central government buildings; the obligation of energy audits regarding enterprises that are not small or medium-sized, etc. This paper concludes that, despite a few provisions of the directive meeting the ecological requirements, in reality, the regulation misses theoretical ground.

• A Missed Opportunity: the Judgement of the International Court of Justice on the Environmental Related Legal Dispute of Costa Rica and Nicaragua

  181-199

  Orsolya Bányai

  Views:

  361

  This article introduces and evaluates the judgment of the International Court of Justice (ICJ) regarding the case concerning certain activities carried out by Nicaragua in the Border Area (Costa Rica v. Nicaragua) proceedings joined with construction of a road in Costa Rica along the San Juan River (Nicaragua v. Costa Rica) from an environmental point of view. The case was one of the latest environmental related affairs before the ICJ and the Hungarian literature had been looking forward with great expectation regarding the Court’s award. The conclusion of this essay is that in spite of the nature of the dispute, the symmetry of the conflict and the constant need for the improvement of the general international environmental law, the ICJ missed the opportunity to develop international environmental customary law and the case will stay in the shadow of the ICJ’s previous judgement on Pulp Mills on the River Uruguay.