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Scott, Joanne

SCOTT, Joanne


PERSONAL: Female. Education: University of Aberdeen, LL.B; European University Institute, Florence, Italy, LL.M.


ADDRESSES: Offıce—Clare College, Faculty of Law, 10 West Rd., Cambridge CB3 9DZ, England. E-mail— [email protected]

CAREER: Educator and writer. University of Kent and Queen Mary and University of London, teacher; European University Institute, Jean Monet Fellow, 1998-99; University of Cambridge, university lecturer in European law, Clare College fellow.


MEMBER: Council on European Environmental Law.


WRITINGS:


Development Dilemmas in the European Community: Rethinking Regional Development Policy, Open University Press (Philadelphia, PA), 1995.

EC Environmental Law, Longman (New York, NY), 1998.

(Editor, with Gràinne de Búrca) Constitutional Change in the EU: From Uniformity to Flexibility?, Hart Publishing (Portland, OR), 2000.

(Editor, with Gràinne de Búrca) The EU and the WTO: Legal and Constitutional Aspects, Hart Publishing (Portland, OR), 2001.

(Editor, with Catherine Barnard) Law of the Single European Market: Unpacking the Premises, Hart Publishing (Portland, OR), 2002.

Contributor to books, including Legal Aspects of the Euro, Hart Publishing, 1999, The Evolution of EU Law, Butterworths Annual European Review, New Legal Dynamics of European Union, edited by Shaw and More, Oxford, 1995, and Implementing EC Environmental Law in the United Kingdom, edited by J. Holder, Wiley/Chancery, 1997. Contributor to periodicals, including Journal of Common Market Studies, Review of European Community and International Environmental Law, European Law Review, and Journal of Law and Society.

SIDELIGHTS: The complexities of development within the European Community (EC), particularly in areas of law and the environment, are the primary focus of the work of Joanne Scott. In Development Dilemmas in the European Community: Rethinking Regional Development Policy Scott addresses a variety of EC development issues and related legal topics. "This book is a welcome addition to the debate on future directions of the European Community given the dearth of legal literature addressing development issues in the European Union," wrote Ingrid Persaud in European Law Review. Scott's work is unique, Persaud observed, in that it addresses "development questions within the setting of economically developed countries," which the members of the European Community are, rather than that of developing nations, which are the dominant focus of other venues of development literature.

"The central theme of the book is a critique of the EC's regional development policy in the so-called 'lagging regions' and of the conception of development which shapes that policy," wrote Julia Sohrab in Journal of Law and Society. "The strongest plank of this critique is its rejection of the equation of development primarily with economic growth. Scott argues for a very different conception of regional development, embodying qualitative development objectives of a social, environmental, and cultural nature 'which reflect a more generous, imaginative, and ultimately human vision of the changing Community.'" It is also Scott's belief, Sohrab noted, that developmental policies and objectives should be created by those who are most affected by them. Further, quantity of economic growth should not be seen wholly as a substitute for quality of development, despite any advantages derived from rapid economic gains.

The "development dilemmas" identified by Scott are two-fold, Sohrab wrote. The first involves free trade and the inherent unfairness of stronger countries competing with less powerful ones. "As long as, argues Scott, the 'free' in free trade means 'unregulated,' the possibility of exercising autonomy by less powerful countries in the formulation of development strategies will be undermined." The dilemma is how to implement a type of protectionism of less powerful countries that still encourages development and "which is neither arbitrary nor open to manipulation in the interest of the most powerful states or corporations," Sohrab wrote. Although Scott's contentions "stop short of a total rejection of free trade ideas," Persaud commented, they do "challenge the place of development in an unregulated free market."

Second, Scott identifies the dilemma of participation: that effective political power "must devolve upwards beyond the state," as Sohrab commented. For Scott, "The trend toward globalization of the economic needs to be matched by globalization of the political," wrote Sohrab. Scott also provides "a necessary if tedious analysis of the evolution of the Community's policy and its perceived legal objectives," remarked Persaud. In addition, she discusses topics such as the meaning of development, the reliance on Gross Domestic Product as the prime indicator of development, the conflict between development and environmental concerns, and the agricultural policy of the European Community.

An interesting aspect of the Development Dilemmas in the European Community is its presentation of EC legal issues unbound by strict adherence to case law only, observed Jo Shaw in Public Law. Rather, the book's focus is directed on "the full range of 'hard' and 'soft' law instruments which constitute the core of regional development policy," Shaw wrote. "In a sense it sets a benchmark for lawyers to venture to outside cosy case law determined fields to wrestle with areas which are much less clearly defined and where there is a need to apply other less familiar forms of analysis." Persaud complimented the book on its analysis of EC law within the whole of the European Community's policy environment, while Sohrab noted that "the book challenges the conventional style in which EC law is presented to students."

"There are many excellent and noteworthy aspects to this book, both in terms of its content as well as in the way the topic is approached by the author," Sohrab remarked, among them "Scott's courage in posing a number of 'big questions' and in not disappointing her audience in the way these questions are considered. The work engages with complex issues, such as the effect of placing economic growth as the key development indicator, in a clear, structured, and compelling way."

Scott does not present only arguments and observations of shortfalls in EC development law and policy, however. Developmental Dilemmas in the European Community "emphasizes at each point alternative models which could have been used, such as, for example, needs-based or rights-based approaches to measuring development and underdevelopment," Shaw wrote. "The result is a sustained critique of the ideologies of development policy." Developmental Dilemmas in the European Community, Sohrab concluded, "makes a substantial contribution to our understanding of an area of EC policy which has a significant impact on lives of many people. It is clearly the product of considerable reflection, combined with a genuine interest and concern for the effects of particular policies. To me, these twin facets represent precisely what academic writing is all about."

Scott's 1998 book, EC Environmental Law, "provides a challenging and provocative account" of its subject, wrote John McEldowney in Journal of Environmental Law. Using what McEldowney termed a "holistic approach," Scott analyzes EC environmental law and policy in terms of "the broader economic and political context of the European community," wrote M. Baily in Harvard International Law, addressing opinions and views held by politicians, scientists, political theorists, economics, and others, in addition to the points of view of lawyers themselves.

Beginning with an outline of the development and scope of EC competence in environmental issues, Scott provides "an introduction to the politics of environmental problems set within the context of legal arrangements," McEldowney remarked. She covers "how instruments for environmental protection have developed, including economic instruments," McEldowney said, and provides detailed chapters on trade and the environment, conservation and assessment of environmental impact, regional policy, and enforcement of EC environmental law. While McEldowney observed that the book "provides a wide coverage of EC environmental law," he also felt that while "the topics are well chosen," "the author should have been given more space to develop some of the interesting arguments that are only given superficial treatment in the space allocated."

In total, "EC Environmental Law represents an accessible starting point for those interested in the study of European environmental politics and the law," Baily wrote. "Scott takes an holistic approach to the subject and successfully brings together many of the important problems and implications of the views of economists, politicians, political theorists, and scientists." However, EC Environmental Law is not simply a survey of topics, Baily concluded, but a reminder that the "intellectual challenge of the complexity" of the conflict between simplicity of environmental issues and the intricacies of the law "is not without attraction." The book, McEldowney concluded, "provides a stimulating read over subject matter which can be technical and uninteresting."


Constitutional Change in the EU: From Uniformity to Flexibility, edited by Scott with Gràinne de Búrca, examines "whether the European governance has shifted from uniformity and harmonization to flexibility and differentiation," wrote Terry Bishop in theTimes Literary Supplement. Based on papers given by fifteen lawyers at a workshop at the European University Institute in April 1999, the book contains a variety of individual opinions exploring "the underlying tension between the constitutional framework of the Treaties, providing a uniform system of law, and the rising demand for 'flexibility,' 'differentiation,' and 'enhanced cooperation,'" wrote William Wallace in International affairs. To Wallace, "the editors and the publishers have done well to bring out revised papers in a well-edited collection within a year." Chapters cover topics such as the future of legal authority in Europe and the impact of flexibility arrangements on such authority; ways in which closer cooperation between EU members pose a threat of diminishment of the uniform nature and traditions of EC law; and the effects of a variety of treaties flexibility in the European Community. Although Wallace remarked that he would have preferred to see further development of the arguments, "These lawyers demonstrate a sure grasp of the politics and the complex dynamics of European integration, and thus provide a valuable contribution to the long-running debate over the constitutional nature of the strange hybrid that is the EU."


BIOGRAPHICAL AND CRITICAL SOURCES:


periodicals


Australian Journal of Political Science, November, 2002, Doug Hunt, review of The Engine Room of Government: The Queensland Premier's Department, 1859-2001, p. 575.

Australian Journal of Politics and History, March, 2003, Clive Moore, review of The Engine Room of Government, p. 132.

Environmental Politics, autumn, 1995, review of Development Dilemmas in the European Community: Rethinking Regional Development Policy, p. 502. European Law Review, October, 1995, Ingrid Persaud, review of Development Dilemmas in the European Community: Rethinking Regional Development Policy, pp. 531-532; April, 1999, review of EC Environmental Law, pp. 209-210; February, 2001, review of Constitutional Change in the EU: From Uniformity to Flexibility? pp. 96-97; April, 2002, Fiona Smith, review of The EU and the WTO: Legal and Constitutional Issues, pp. 232-233.

Harvard International Law, winter, 1999, M. Baily, review of EC Environmental Law, pp. 325-326.

International Affairs, January, 2001, William Wallace, review of Constitutional Change in the EU: From Uniformity to Flexibility? p. 218.

Journal of Environmental Law, summer, 1999, John McEldowney, review of EC Environmental Law, pp. 397-398.

Journal of International Economic Law, December, 2002, Daniel K. Tarullo, review of The EU and the WTO: Legal and Constitutional Issues, pp. 941-943.

Journal of Law and Society, December, 1995, Julia Sohrab, review of Development Dilemmas in the European Community: Rethinking Regional Development Policy, pp. 586-590.

Law Teacher, spring, 1995, John Hodgson, review of Development Dilemmas in the European Community: Rethinking Regional Development Policy, pp. 251-253; summer, 1998, Peter D. Walsh, review of EC Environmental Law, pp. 363-364.

Political Studies, March, 2001, Frank Vibert, review of Constitutional Change in the EU: From Uniformity to Flexibility? p. 173.

Public Law, autumn, 1995, Jo Shaw, review of Development Dilemmas in the European Community: Rethinking Regional Development Policy, pp. 494-495; summer, 1999, review of EC Environmental Law, pp. 370-373; spring, 2001, review of Constitutional Change in the EU: From Uniformity to Flexibility?, pp. 197-198.

Times Literary Supplement, February 8, 2002, Terry Bishop, "Comitology Rules," review of Constitutional Change in the EU: From Uniformity to Flexibility? p. 28.

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