多重管轄觀點下環境法的建制――以歐盟及各會員國間相互依存關係為例

Regulating Environmental Law in a Multi-Jurisdictional Perspective: Examples from the Interdependencies between the ED and the Member States

無論是美國、歐洲，抑或是中國大陸，皆面臨在大管轄範圍下，該組何規範中央和地方間的社會分工。在環境法方面，則是環境法是否應該在中央層級被加以規範亦或將此分權的至較低層級下？以及哪種論點支持哪個解決方案。本文試圖勾勒環境法規定在多管轄觀點下的問題，並將解決在跨學科角度下應如何規範環境法的議題，同時使用理論面及賞用面的方法。一方面，探討如何在多層級治理角度下，規範環境危害的理論，另一方面，以實務和政策的方法，探討歐盟層級和會員國之間的相互依存關係，以及實際發生的問題，尤其是履行的相關議題。

In many larger jurisdictions, either the US or Europe, but increasingly also in mainland China，the question is asked how one should regulate the division of labour between the central level and decentralized levels. In all these cases the question arises whether environmental law should better be regulated at central level or at a more decentralized level and which arguments plead in favour of the one or the other solution. It is the question that is sometimes referred to environmental federalism. In this contribution it tries to sketch problems that occur in the regulation of environmental law in a multi-jurisdiction perspective. The issue of how to regulate environmental law in a multi-disciplinary perspective will be addressed. A theoretical as well as a practical approach will be used. This will be done by focusing on the one hand on the theory。n how environmental harm should be regulated in a multi-level governance perspective; on the other hand, also a practical/policy approach will be followed by showing the interdependencies between the European level and the Member States. but also the practical problems that have arisen, more particularly as far as implementation is concerned.