LAW

Environmental Governance and the Law



Table of Contents

Introduction1

Defining Flood1

UK Floods law2

Common Law2

Statutory Law3

Flood and Water Management Act 20103

Types of courts in UK4

Country Court5

Magistrates' Court5

Crown Court5

The High Court6

The Court of Appeal6

The UK Supreme Court6

The European Court of Human Rights6

The Court of Justice of the European Union7

Environmental law practices7

Flood risk management in UK8

Flood and coastal erosion strategy8

Flood Management Practice in European Union9

Modification in practise as per EU laws10

Conclusion12

References13

Environmental Governance and the Law

Introduction

Between the years 1998 and 2002, the world has witnesses over 200 natural catastrophes. These natural disasters and catastrophes have resulted in thousands of fatalities and tens of thousands of displacements. For the world, this may seem like mere news but for those who have been the victims of these catastrophes, the natural disaster means a changing point in life, one that has lifelong physical, physiological and psychological implications for them. In spite of this, people continue to live in areas that have been found to be flood zones (Brumwell & McNaught, 2006, p. 16). In addition, some of the flood areas in the United Kingdom are the centre of economic assets of substantial value.

The paper discusses the UK law on flooding including both the common law and the statutory law, the types of courts in UK, the various environmental practices and the change that has occurred in the law and practice of flood management in relation with EU law.

Defining Flood

As per the Flood Risk Regulations 2009, flood may be defined as the covering up of any part of land with water, which is not normally covered with it. The flood can be caused by anything including very heavy rainfall, collapse of a bank of river and overflow of it, overflow from a dam, a tidal wave from the sea or any other event that has the potential to cause flood. A combination of the aforementioned events is also covered under the definition of flood. A flood that may have been caused by problems in the sewerage system or is caused by a bursting in the main water is not covered in the legal definition of flood (Envoy, 2010, p. 21).

Flood management or flood control refers to any activity or a series of activities that are undertaken to prevent the damage caused by flood. Some of the major causes of the worst floods in the UK include Severe winds over water, Tsunamis, Lack of urban planning, and an unusual high in sea tides. A mechanical barrier has been established across the river Thames as a prevention of flood in London. A similar set up was made in Venice but both have proved to be inadequate over time.

UK Floods law

The flood law in the UK and Wales has been divided into two branches. This includes the common law branch and the statutory law branch. The former is made by courts while the latter is made by Parliament.

Common Law

The law on flooding developed by courts is called the common law. Initially, there was no law on ...