Comparisons and Conclusions

This final chapter examines the similarities and differences between international and European law generally, and in requiring SEA. It builds upon the earlier chapters and the conclusions of each, presenting a comparative analysis of how effective international and European law is as a means of regulation, especially in relation to the national legal traditions in Europe and worldwide that serve to implement that law. In the first section the relationship between international, European and national law is considered, with further explanation of the principles of direct and indirect effect as applied to both international and European law and the role of the EC/EU in international law (with examination of the changing treaty basis of the EU); some examples of the complexities of international and European law when jointly applied in a national context are also given. This first section is a highly technical area of the law, concerning as it does matters that in some instances are subject to debate between international and European lawyers. ¹ In the second section the relationship between international and European law in regulating SEA is examined. This includes comparisons between international and European environmental law and the SEA Protocol and Directive; the relevance of SEA to conservation is also discussed with reference to the conservation conventions and other relevant directives.