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Project title

The role of science in environmental policy and law-making: A critical legal analysis

Primary Funding Agency

Irish Research Council

Co-Funding Organisation(s)

Environmental Protection Agency

Lead Organisation

University College Cork (UCC)

Lead Applicant

n/a

Project Abstract

Science informs environmental law more than any other type of law yet little research has been carried out on the impact of scientific data on environmental legislation, policy-making and the judiciary (McEldowney and McEldowney, 2011). Environmental law has lagged behind scientific understanding and techniques (Platjouw, 2016). There is a growing global network of science advisory bodies engaged to assist policy and legislative decision-making, however existing literature and research tends to focus on an examination of the structures and processes of these science advisory systems and on enhancing communication between science and policy/legislation (OECD, 2015). The influence and impact of scientific advice on legislation, policy and the judiciary has not been detailed in literature and studies on the efficacy of scientific advice are limited. My proposed research project will focus on this lacuna, using EU nature and biodiversity law as a case study. Focusing on key and emerging concepts in environmental management and ecosystem protection, the project will analyse the interaction and interplay between the scientific data provided to inform and drive policy and law-making, and the policies and laws themselves. Using a multidisciplinary approach and research trips to European science advisory bodies, I will track the life-cycle of key environmental concepts from basic scientific research and frontier academic literature to integration into EU policy and legislation. I will assess the impact the data has had on the courts and the extent to which the judiciary has interpreted environmental legislation in light of developing scientific knowledge. Any disparities in the process will be highlighted and recommendations made as to how to integrate scientific data into legislation and policy more effectively. The project will inform the scientific community, policy makers and the legislature and comes at a time when science is becoming increasingly visible and, in many cases increasingly vulnerable (OECD, 2015).

Grant Approved

�72,000.00

Research Hub

n/a

Research Theme

Climate Solutions, Transition Management and Opportunities

Start Date

01/09/2019

Initial Projected Completion Date

31/08/2022