Rosalind Malcolm

Professor Rosalind Malcolm


Professor of Law, Director of Environmental Regulatory Research Group (ERRG)
+44 (0)1483 682852
9 AB 05

Academic and research departments

School of Law, Environmental Regulatory Research Group.

Biography

University roles and responsibilities

  • Professor of Law
  • Director of Environmental Regulatory Research Group

Research

Research interests

My teaching

Courses I teach on

Postgraduate research

Law PHD

My publications

Publications

Steenmans K, Malcolm R, Marriott J (2017) Commodification of Waste: Legal and Theoretical Approaches to Industrial Symbiosis as Part of a Circular Economy, University of Oslo Faculty of Law Research Paper 2017 (26) Elsevier
Waste can be conceived as pollution or a resource; pollution in relation to the vast amounts of waste produced that need to be managed, while a resource in that waste can be used as the virgin material in production processes. In both cases, waste is currently most commonly treated as an economic good and thus commodified as a result of approaching the ownership of goods from a Blackstonian absolute dominion perspective. In this paper we present a critique of this classic form of property ownership as it aids linear cradle to grave approaches to waste. In advocating a move towards circular systems for using waste, we propose the adopting of a Lockean conception of property. For this purpose we address three issues: (1) current property rights in waste; (2) alternative approaches to waste; and (3) impacts of applying Locke?s theory. First, we address when an object becomes classified as waste, who owns waste and when ownership changes hands. In discussing the latter, a critique of the classic forms of property ownership that support linear approaches is presented. Secondly, we investigate appropriate property regimes to address these critiques, namely extended producer responsibility and common-pool resource approaches. Finally, the seminal example of industrial symbiosis in Kalundborg, Denmark, is used to provide context for discussions using Locke?s property theory on the feasibility and implications of our property rights discussions and recommendations. Industrial symbiosis is a structure where waste is exchanged between industries within a given network or grouping forming micro-circular economies. In this symbiotic network, waste is thus diverted from landfill and other forms of disposal, thereby lessening the impact of the waste stream on the environment and the economy.
Malcolm RN, Clift R (1999) Environmental Regulation and Life-Cycle Thinking,
Malcolm RN (2009) Nanotechnology: An Integrated Product Policy Approach to Risk,
Malcolm R, Pointing J (2006) Statutory nuisance: The sanitary paradigm and judicial conservatism, Journal of Environmental Law 18 (1) pp. 37-54
Despite its long history, statutory nuisance law is still considered important in dealing with localised environmental problems. But it is an area of law that is now beginning to creak - the result of both its historical origins and the attitude of contemporary judges to its modern application. Key recent decisions of the British courts are examined, and the judiciary is shown to have adopted an unduly narrow approach and one that is based on a misinterpretation of legislative intention. A detailed examination of Parliamentary debates in the middle of the nineteenth century during the development of statutory nuisance laws shows that the concept was promoted as being broad, flexible and expansive. Modern courts have singularly failed to adapt statutory nuisance to contemporary needs, a lost opportunity since the statutory nuisance regime can provide an effective means for local government to deal rapidly with environmental problems as well as an accessible remedy for the private individual. © 2006 Oxford University Press.
Malcolm RN, Blake LW (2000) Risk Assessment and Environmental Litigation, Interdisciplinary Environmental Review Anthology
Malcolm RN (1993) Liability for Waste and the Duty of Care,
Malcolm RN (1999) Health and Safety Prosecutions,
Malcolm RN, Blake LW (1999) Statutory Nuisance Law in England and Wales, Interdisciplinary Environmental Review 1 (2) pp. 162-176 Inderscience Publishers
Brown J, Malcolm RN (2001) Assured Shorthold Tenancies: Obtaining Possession, Property Law Journal 70 pp. 9-12 Legalease
Malcolm RN (2005) Regulating the Market - Environmental Product Policy,
Malcolm RN, Wilkie M, Luxton P (2005) Blackstone's Law Questions & Answers: Land Law, Oxford University Press
Wilkie MM, Luxton PP, Malcolm R (2011) Q & A Land Law 2011 and 2012, Oxford University Press, USA
This book explains how to tackle problem and essay questions typically found in exampapers, and how to draft successful answers.
Malcolm RN (1996) The Environment Act 1995 and the Environment Agency, Environmental Protection Bulletin (041) pp. 34-35 Institution of Chemical Engineers
Malcolm RN (2001) Becoming an Environmental Criminal, Surface Coatings International Part A, Coatings Journal, Journal of the Oil and Colour Chemists' Association 84 (A2) pp. 81-84
Clarke A, Malcolm RN (2016) The Role of Property in Water Regulation: Locating Communal and Regulatory Property Rights on the Property Rights Spectrum, In: Godt C (eds.), Regulatory Property Rights: The Transforming Notion of Property in Transnational Business Regulation 6 pp. 121-140 Brill
Malcolm RN (1991) Environmental Law and the Single European Act,
Malcolm RN (1995) Successfully prosecuting the Food Safety Act Offender,
Malcolm RN (1996) Contaminated Land and the Polluter,
Malcolm RN (2005) Integrated Product Policy: a new European paradigm for regulating waste?,
Malcolm RN (1998) Clean-up Acts, Estates Gazette (9806) pp. 139-140
Malcolm RN (2007) Clean Neighbourhoods etc Act 2005,
Malcolm RN (2004) Consumerism and European environmental product developments,
Pointing J, Malcolm R (2003) Food Safety Enforcement, Chadwick House Publishing
Malcolm RN (2004) Food Safety Prosecutions,
Raats MM, Malcolm RN, Lahteenmaki L, Pravst I, Gage H, Cleary A, Karatzia A, Kusar A, Yang W, Jackson DL, Hodgkins CE, Klopcic M (2016) Understanding the impact of legislation on 'reduction of disease risk' claims on food and drinks: the REDICLAIM project, AGRO FOOD INDUSTRY HI-TECH 27 (3) pp. 30-32 TEKNOSCIENZE PUBL
Adogo JM, Malcolm RN, Kaime T, Okotto L, Okurut K, Tsinda A (2009) The Right to Sanitation in Legal Frameworks with Reference to urban Informal Settlements of Kenya, Uganda and Rwanda,
Malcolm RN (1991) Statutory Nuisances, Estates Gazette (9117)
Malcolm RN (1998) Contaminated Land: the Legal Aspects,
Malcolm RN (2013) Operationalising the Right to Sanitation in the 3K-SAN Project in Kisumu, Kampala and Kigali,
Malcolm R, Chivers R (1994) Practical Aspects of Prosecuting for Noise Nuisance, In: Institute of Acoustics (eds.), Noise Nuisance and the Law 16:3 pp. 33-40 Institute of Acoustics
Malcolm RN (1993) European Law for Librarians,
Malcolm RN (1992) Successfully prosecuting the Food Safety Act Offender,
Malcolm RN (1993) The Maastricht Treaty: How Has Britain's Membership of the European Community Been Affected by the European Communities (Amendment) Act 1993, Estates Gazette (9333) pp. 82-83
Malcolm RN (1997) Company Directors and Criminal Charges (Part Two), Estates Gazette (9708) pp. 131-132
Clift R, Malcolm RN, Baumann H, Connell L, Rice G (2005) Ecolabels and Electric Monks, Journal of Industrial Ecology 9 (3) MIT Press
Malcolm RN (1997) Enforcement Procedures for Meat Hygiene Enforcement Officers,
Malcolm R (2010) An integrated product policy approach to products and their impact on energy, COBRA 2010 - Construction, Building and Real Estate Research Conference of the Royal Institution of Chartered Surveyors
A new piece of European legislation, the Ecodesign Directive (2009/125/EC) came into effect on 20 November 2009 and is to be implemented by Member States by November 20, 2010. This covers energy-using products under an earlier directive (the Energy using Products Directive) but also extends the range of products covered to include those which are related to energy use even if they do not actually use energy directly such as construction materials and fittings. So it covers 'any goods having an impact on energy consumption during use'. A product list is to be developed by the European Commission. Reduction in energy consumption is posited in the European Climate Change Programme (European Commission, 2006) and climate change is a priority in the Sixth Community Environment Programme (Decision No 1600/2002/EC of the European Parliament and of the Council). Climate change also now appears as an objective of the European Union in the Lisbon Treaty. Ecodesign is a key element of the European Commission's Integrated Product Policy and appears in the Commission Communication of 18 June 2003 'Integrated Product Policy - Building on Environmental Life Cycle Thinking'. It is also a key innovative aspect appearing in the Sixth Community Environment Action Programme. Building legislation on a life cycle approach is radical and novel given that most environmental impacts are regulated on a vertical basis where legislation is linked to the process rather than the product. This paper argues that the best way forward for achieving sustainability is to revolutionise the regulatory process by adopting a life cycle approach to the environmental impacts of products as the basis for legislation. It examines the impact of the Ecodesign Directive and seeks to evaluate the pros and cons of such an approach.
Malcolm RN (2002) Regulation, Europe and the Environment,
Malcolm RN (2002) Crime, Company Directors and the Environment,
Malcolm RN (2005) Food Safety Litigation and the New European Legal Regime,
Malcolm RN (1992) The Duty of Care Under the Environmental Protection Act 1990, Estates Gazette
Wilkie M, Luxton P, Malcolm R (2007) Q and A: Land Law 2007-2008, Oxford University Press, USA
The book is divided into chapters covering each major topic on land law courses, andcontains approximately fifty questions and answers designed to test even ...
Malcolm RN (1998) Statutory Nuisance Litigation,
Malcolm RN (1993) The Code of Practice on Food Sampling under the Food Safety Act 1990,
Malcolm RN (1991) Accumulation and Maintenance Trusts, Estates Gazette
Malcolm RN (1998) Successfully prosecuting the Food Safety Act Offender,
Malcolm RN (1998) Drafting Abatement Notices,
Malcolm RN (1995) The Management of Health and Safety at Work Regulations, Estates Gazette
Malcolm R (2002) Prosecuting for environmental crime: Does crime pay?, Environmental Law and Management 14 (5) pp. 289-295
The hazards of the legal system may appear to leave the control of pollution subject to chance, whether that chance is the presence of a private litigator seeking a remedy for damage to his property or person, or an enforcement agency sufficiently motivated and resourced to handle the prospect of criminal litigation. But what is the alternative? It is a generally accepted principle that the polluter should pay, but that is only one side of the coin. In imposing liability on the polluter the result should be the remediation of the harm done to the environment or the prevention of any recurrence of the harm. Punishment may be an appropriate route for a society concerned with protection of the environment, but retribution needs to be matched with the practical reality of a protected environment. In that sense, as has been argued, the threat of civil litigation or criminal prosecution may be sufficient to achieve the desired aim. However, these approaches may be set alongside an arsenal of weapons above and beyond the legal system. Economic initiatives such as taxation have begun to be explored. Taxation on leaded petrol and on waste destined for landfill has had an effect in changing practices. The results need to be explored in more detail. For instance, the use of cars in the United Kingdom has not declined as a result of the imposition of increased taxation on petrol, and the imposition of landfill tax, while diverting waste to other disposal methods, may similarly have failed to halt the overall production of waste. Emissions trading schemes are another route to controlling levels of pollution. While these mechanisms are to be applauded to the extent that they are successful in preventing pollution, they should be seen as adjuncts, not alternatives, to a criminal enforcement system. While the process of the criminal enforcement of regulation may carry its own hazards, nevertheless it must remain at the heart of a system for environmental protection. Taxation and other economic controls may play a part, but the decriminalisation of environmental damage would convey the wrong message to society in general.
Malcolm RN (1993) Advances in Environmental Law,
Malcolm RN (1999) Statutory Nuisance in England and Wales, Interdisciplinary Environmental Review Anthology
Malcolm RN, Wilkie M, Luxton P (2004) Blackstone's Law Questions & Answers: Equity and Trusts, Oxford University Press
Malcolm RN (1992) Successfully prosecuting the Food Safety Act Offender,
Malcolm RN (2000) Corporate Killing and Sentencing for Environmental Crime,
Malcolm RN, Pointing J (2011) Statutory Nuisance: Law and Practice, OUP
Malcolm RN (1991) Statutory Nuisance and the Effect of the Environmental Protection Act 1991,
Malcolm RN (1991) The Legal Profession, In: Manual for Institute of Legal Executives 14 pp. 14.1-14.8
Malcolm RN (1994) Marine Pollution Law,
Grainger S, Curatella F, Gisslen L, Malcolm RN, Kelly D (2016) CWA 17046:2016 Humanitarian demining. Non-technical survey in the land release process, pp. 1-27 European Committee for Standardization
Malcolm RN (2000) Legislation and the Future of the Coatings Industry,
Wilkie M, Luxton P, Malcolm R (2013) Q & A Land Law 2013 and 2014, Oxford University Press
Q&A;A Land Law offers a lifeline to students revising for exams.
Malcolm RN (2012) Rule of Law (European Union), In: Group BP (eds.), Berkshire Encyclopedia of Sustainability: Afro-Eurasia - Assessing Sustainability 9 pp. 61-66 Berkshire Publishing Group
"In the 10-volume Berkshire Encyclopedia of Sustainability experts around the world provide authoritative coverage of the growing body of knowledge about ways to restore the planet.
Malcolm RN (2005) Integrated Product Policy and Markets,
Malcolm RN (1994) Protecting the Countryside, Estates Gazette 6
Malcolm RN (2011) ?Integrated Product Policy: Products and their Impact on Energy?, International Journal of Law in the Built Environment 3 (1) pp. 48-64 Emerald
Wilkie M, Malcolm R, Luxton P (2012) Q & A: Equity and Trusts 2012 and 2013, Oxford University Press
Q&A;A Equity and Trusts offers a lifeline to students revising for exams.
Malcolm RN (1995) European Environmental Legislation and its Effects on the Construction Industry,
Malcolm RN (1997) Going to Court,
Ayalew M, Chenoweth J, Kaime T, Malcolm RN, Okotto L, Pedley S (2013) Water Law, Human Health and the Human Right to Water and Sanitation, In: Lankford B, Karen B, Zeitoun M, Conway D (eds.), Water Security: Principles, Perspectives and Practices Routledge
The purpose of this book is to present an overview of the latest research, policy, practitioner, academic and international thinking on water security ? an issue that, like water governance a few years ago, has developed much policy ...
Malcolm RN (1998) Health and Safety Prosecutions,
Malcolm RN (1994) Developments in Equity and Trusts,
Wilkie M, Malcolm R, Luxton P (2010) Q&A Equity and Trusts 2010 and 2011, Oxford Univ Pr
This book explains how to tackle successfully the sort of problems and essay questionstypically found in exam papers.
Malcolm RN (2000) Financial Instruments and De-criminalisation of Environmental Pollution,
Malcolm RN (1995) Environmental Law: Europe and Engineers,
Malcolm RN (2012) Enforcing Environmental Law: EU Approaches,
Malcolm RN (1993) Jobs or Whales: Assessing the European Directive on Environmental Effects,
Malcolm R, Clift R (2002) Barriers to industrial ecology: The strange case of "The Tombesi Bypass", Journal of Industrial Ecology 6 (1) pp. 4-7
Malcolm RN (2002) The new Integrated Product Policy paradigm and the achievement of the objectives of environmental protection and sustainable development,
Malcolm RN (1998) Don't Rubbish the Rules: Controls on the Disposal of Waste, Estates Gazette pp. 107-108
Malcolm RN (1996) Land Law: The Definitive Series, Institute of Legal Executives Tutorial Services
Malcolm RN (1996) The Property Owner and the Polluter Pays Principle,
Malcolm RN (1997) Policing Pollution Into the Millennium, Environmental Protection Bulletin (050) pp. 38-42 Institution of Chemical Engineers
Malcolm RN (1991) Recreational Charities, Estates Gazette (9105)
Malcolm RN (1997) Enforcement Procedures for Meat Hygiene Enforcement Officers,
Malcolm RN (1993) The Maastricht Impasse, Malaysian Law News
Malcolm RN (1997) The Polluter Pays, In: Jackson P, Paul JLLB, Wilde DC (eds.), The reform of property law Dartmouth Pub Co
A collection of new papers by more than 20 United Kingdom and International
experts on general and specific issues relating to the reform of all aspects of
...
Malcolm RN (1991) Financing Legal Services, In: Manual for Institute of Legal Executives 15 pp. 15.1-15.6
Malcolm RN (1998) Clear Waters: EC Legislation Covering Water Supplies is Constantly Evolving, With Huge Implications for the Property Sector, Estates Gazette (9802) pp. 118-119
Malcolm RN (1995) European Law for Librarians,
Malcolm RN (1990) Inheritance Tax for Individuals, Estates Gazette (9013) pp. 87-88
Malcolm R (2005) Integrated product policy - A new regulatory paradigm for a consumer society?, European Environmental Law Review 14 (5)
Conspicuous consumption has become the hallmark of the individualist model of society in the 21st century and the impacts of this consumption on the environment mean that the necessity to develop sustainable consumption patterns has become a central policy focus. Extended producer responsibility has already begun to focus on the product and its environmental impact. A new approach has now been canvassed by the European Community which proposes a radical revision in the way in which environmental impacts should be evaluated and controlled. Integrated product policy (IPP) is a proposal which reflects the problems of a society driven by consumerism. In this article the author outlines IPP and the principles behind it; looks at the European evolution of IPP; describes the White Paper proposals for establishing the framework conditions for continuous environmental improvement; and, examines the current framework and the viability of the new paradigm before providing some conclusions.
Malcolm RN (1994) Sewage Sludge and Water Pollution: the Cambridge Water Company and Other Cases,
Malcolm RN (1993) Prosecution of Statutory Nuisances,
Clift R, Malcolm R, Baumann H, Connell L, Rice G (2005) Eco-labels and electric monks, Journal of Industrial Ecology 9 (3) pp. 4-7
Malcolm RN (1992) The Implications of the Environmental Protection Act 1990 for the Waste Industry, Health and Safety at Work
Malcolm R (1994) A guidebook to environmental law, Sweet and Maxwell
This text provides a straightforward overview of environmental law, dealing with
fundamental principles. The field of environmental law is wide-ranging and ...
Malcolm RN (1996) Science and the Law - Giving Scientific Evidence in the Courtroom, Environmental Protection Bulletin (042) pp. 17-19 Institution of Chemical Engineers
Malcolm RN (2000) From sanitary statutes to environmental statutes?,
Malcolm R, Okotto L, Chenoweth J, Mulugetta Y, Pedley S, Ayalew MM (2010) The regulatory implications of the right to water: small-scale and independent water providers in Ethiopia and Kenya, OIDA International Journal of Sustainable Development 1 (8) pp. 43-63
Small-scale and independent water providers serve up to fifty percent of the population in urban centers in many of the developing and less developed countries. However, they remain largely unrecognized and unregulated. This article argues, based on the public interest theory and two case studies of the price and quality of water by small-scale providers, that there is a compelling case for regulation of small-scale water provision. The human right to water imposes an obligation on states to regulate small-scale water supply market. It also means that governments should avoid regulation which does not have support in public interest theory and empirical facts as this might constitute violation of the right to water.
Malcolm RN, Wilkie M, Luxton P (2014) Q and A Equity and Trusts,
Malcolm RN (1997) Prosecuting for Water Offences,
Malcolm RN (1997) Risk Assessment: A Sea Change in Health and Safety Law, Environmental Protection Bulletin (048) pp. 27-33 Institution of Chemical Engineers
Malcolm RN (2001) A Rural Family At War, Estates Gazette (0108) pp. 162-163
Malcolm RN, Pointing J (2005) Food Law - EU v UK, New Law Journal pp. 1034-1035
Malcolm RN (2002) Integrated Product Policy,
Malcolm RN, Ayalew M, Okotto L, Pedley S, Chenoweth J, Mulugeta Y (2010) Toward Safe and Affordable Water: Critical Examination of the Regulatory Frameworks in Ethiopia and Kenya,
Malcolm RN (1995) European Primary Legislation: Social and Environmental Issues,
Malcolm RN (1990) Injunction, Estates Gazette (9017) pp. 87-88
Malcolm RN (1999) Suing in Private Nuisance: the Rights of the Property Owner, In: Jackson P, Paul JLLB, Wilde DC (eds.), Contemporary property law Ashgate Pub Ltd
This is the first of two volumes based on papers presented at a March 1998
conference on "Contemporary Issues in Property Law" organized under the auspices
...
Malcolm RN (1992) Law of Inheritence and Disinheritence! How Far Does English Law Restrict the Freedom of a Person to Leave Property to Whomsoever He Wishes, Estates Gazette (9215)
Malcolm RN (2003) The Legal Implications for the Environment in an Extended Europe,
Usher D, St?nciugelu I, Grainger S, Malcolm RN (2016) CEN Workshop Agreement no. CWA 17008: Cultural guidelines for humanitarian demining, Comite Europeen de Normalisation (CEN)
0.1 Purpose of this Handbook. The Handbook should help the managers of a humanitarian demining project understand the cultural, ethical and legal framework of the host country. The Guidelines developed and presented in the Handbook should promote the goodwill between the local community and the contractors that is vital for successful and efficient demining. This will assist in delivering the Project to time, cost and quality.
Throughout the Handbook, where a Guideline emerges from the narrative, its reference number is shown in the right hand margin. 1 Scope. Our intention in this Handbook is to promote an awareness of the cultural issues that might be of significance to all humanitarian demining projects. However, we appreciate the difficulties of attempting to embrace in a single Handbook the religious and cultural requirements of all the communities of the world.
The state of government in countries where demining is carried out can range from completely broken down at all levels to fully functioning, with effective policing of law and order. The Handbook is intended for use whatever the extent and effectiveness of national governance.
The Handbook also incorporates the human development goals of the UN.
Malcolm RN, Ayalew M, Okotto L, Pedley S, Chenoweth J, Mulugeta Y (2010) Towards Safe and Affordable Water by Small-Scale and Independent Water Providers: A Manual on the Use of Legal Instruments, University of Surrey
Malcolm R (2011) Ecodesign laws and the environmental impact of our consumption of products, Journal of Environmental Law 23 (3) pp. 487-503
Malcolm RN (2004) Environmental Product Policy: a new regulatory paradigm for a consumer society,
Malcolm R (2000) Statutory nuisance: The validity of abatement notices, Journal of Planning and Environment Law (SEPT.) pp. 894-903
At the heart of the body of environmental controls available to local councils lies the concept of statutory nuisance under Part III of the Environmental Protection Act 1990 ('the Act'). Local councils have a duty to investigate their areas from time to time seeking for the existence of statutory nuisances. In reality, the use of their powers is usually triggered by a complaint and, indeed, the Act specifically empowers them to follow up such complaints where it is reasonably practicable that they should do so. As is well known, the prime weapon is the abatement notice which must be served where the officers have formed the view that a statutory nuisance exists. An appeal to the magistrates' court lies within 21 days of the service of this notice. The effect of an appeal is normally to suspend the notice until the appeal has been heard. In the event that no appeal is made and yet the notice is not complied with, the local authority have a discretion to prosecute. It can be seen that these procedures mix administrative law with civil and criminal outcomes. The service of a notice is an administrative act and an appeal against it would be civil in nature, whereas a prosecution for failure to comply with a notice would be criminal in nature. But, both sets of proceedings take place in the magistrates' court with the potential for confusion in terms of the rules of evidence and the procedures that each entail. What should be a relatively straightforward procedure has become one where the complexities of the law and the variations from one case to another mean that drafting a watertight abatement notice has become an unrealised ambition by many an officer. It might not be an exaggeration to suggest that most abatement notices have become appealable on such grounds as these. If the interpretation of the requirements of section 80(1) means that officers could simply serve notices which required an abatement of the nuisance without specifying the manner of the abatement, then the problem might be resolved. A number of Divisional Court cases have considered this issue but without any satisfactory resolution. Some of these have now gone to the Court of Appeal and the latest of these has attempted to cut through this Gordian knot by taking this route to the interpretation of the statute.
Malcolm RN (1995) Prosecution of Statutory Nuisances,
Wilkie M, Luxton P, Malcolm R (2011) Q & A: Land Law 2011 and 2012, OUP Oxford
No matter how good your research and study skills, the ultimate test for the law student is the exam. This book explains how to tackle problem and essay questions typically found in exam papers, and how to draft successful answers.
Malcolm RN (1999) Preventing Environmental Risk,
Malcolm RN (1996) The Implications of the Noise Bill 1996,
Malcolm RN, Blake LW (1999) Statutory Nuisance Law in England and Wales, Interdisciplinary Environmental Review 1 (2) pp. 162-176 Inderscience Publishers
Malcolm RN (1991) European Community Law, In: Manual for Institute of Legal Executives 4 pp. 4.1-4.5
Malcolm RN (2016) Regulation and environmental health governance, In: Battersby S (eds.), Clay?s Handbook of Environmental Health 5 pp. 128-128 Routledge
Malcolm RN (1998) Food Safety Prosecutions,
Malcolm RN (1997) The European Approach to Environmental Assessment,
Malcolm RN (2004) Food Safety Prosecutions,
Malcolm RN (2000) The Concept of Statutory Nuisance: Something of a Nuisance, Estates Gazette pp. 170-171
Malcolm RN (2001) Should environmental pollution be de-criminalised?,
Malcolm RN (1999) Environmental Law Colloquium,
Malcolm R, Pointing J (2002) Statutory nuisance: Law and Practice, Oxford University Press, USA
This is an authoritative book, which takes the reader through the practical and
legal issues associated with each statutory nuisance and focuses on the ...
Malcolm RN (2003) Sections in Chapter 1 & Appendix 1, In: Azapagic A, Emsley A, Hamerton I (eds.), Polymers: The Environment and Sustainable Development Wiley
This book provides discussion on the impact of reusing polymers such as plastic and rubber on the environment.
Malcolm RN (1990) EC Law and the English Legal System, Estates Gazette (9045) pp. 47-48
Malcolm RN (1998) Becoming an Environmental Criminal - Offences and Penalties in Water and Waste Law, Environmental Protection Bulletin pp. 25-29 Institution of Chemical Engineers
Malcolm RN (1995) Giving Expert Evidence in Environmental Cases,
Malcolm RN (1999) Statutory Nuisance: Enforcement Issues and the Meaning of 'Prejudice to Health', Environmental Law Review 1
Malcolm RN (1992) Implementation of the European Directive on Environmental Impact Assessment,
Kaime T, Malcolm RN (2012) Legitimacy, Accountability and Equity As Prerequisites in the Regulatory Frameworks for Eco-Systems Services,
Malcolm RN (1995) The Environment Act 1995,
Malcolm R (2003) Crime and the environment in the United Kingdom, Surface Coatings International Part B: Coatings Transactions 86 (2) pp. 119-123
The approach traditionally adopted in the UK for the implementation of European Community laws affecting the environment is based on a regulatory model of criminal offences of strict liability. This means that environmental pollution offences are enforced in the mainstream criminal courts and are subject to criminal penalties of fines and/or imprisonment. The article considers in particular, offences involving water pollution and waste management and the defences available in respect of these crimes. It looks at the penalties imposed by the criminal courts and the guidelines available to determine the appropriate level of sentencing in considering the question 'does crime pay?'.
Malcolm RN (1991) Adverse Possession, Estates Gazette (9113)
Malcolm RN (2003) Sections of Chapter One, In: Azapagic A, Emsley A, Hamerton I (eds.), Polymers pp. 10-12 Wiley
This book provides discussion on the impact of reusing polymers such as plastic and rubber on the environment.
Malcolm RN, Malcolm RN (2011) Organisations and environmental health ? how environmental health is delivered, In: Battersby S (eds.), Clay's Handbook of Environmental Health 6 pp. 131-167 Taylor & Francis
This 20th edition continues as a first point of reference, reviewing the core principles, techniques and competencies, and then outlining the specialist subjects.
Blake L, Malcolm R, Pointing J (1993) Prosecuting Food Safety Act offences, Institution of Environmental Health Officers
Malcolm RN (1998) Legislating For Waste, Environmental Protection Bulletin (055) pp. 25-30 Institution of Chemical Engineers
Malcolm RN, Ayalew M, Okotto L, Pedley S, Chenoweth J, Mulugeta Y (2009) The Establishment of Legal Frameworks for Independent and Small-Scale Water Providers: Report Presented At Case Study Workshops in Addis Ababa, Ethiopia, 22nd May 2009 and Kisumu, Kenya, 27th May 2009, (05/10) Surrey Law School Publishing (University of Surrey)
Malcolm RN (1993) Food Safety Law and the Food Examiner,
Malcolm RN (2012) Environmental Pollution: Enforcement, Evidence and Sanctions,
Malcolm RN (1997) Environmental Law Colloquium,
Malcolm RN (1998) Statutory Nuisance Litigation,
Malcolm RN (1989) Environmental Assessment, Estates Gazette (8931) pp. 63-64
Malcolm RN (2003) Appendix One, In: Azapagic A, Emsley A, Hamerton I (eds.), Polymers pp. 193-196 Wiley
This book provides discussion on the impact of reusing polymers such as plastic and rubber on the environment.
Malcolm RN (1997) Enforcement Procedures for Meat Hygiene Enforcement Officers,
Malcolm RN (1998) Prosecution of Statutory Nuisances,
Malcolm RN (1987) Too Late to Allege an Established Use?, Chartered Surveyor Weekly
Malcolm RN (1999) Prosecution of Statutory Nuisances,
Malcolm RN (1985) A Bad Law Won't Make Them Good, The Times Times Newspapers
Malcolm RN (2004) Food Safety Prosecutions,
Fares YR, Malcolm RN (1995) Scientific evidence in environmental court cases, HYDRA 2000, VOL. 4 pp. 411-415 THOMAS TELFORD SERVICES LTD
Malcolm R (1994) A guidebook to environmental law, Sweet & Maxwell
This text provides a straightforward overview of environmental law, dealing with fundamental principles. The field of environmental law is wide-ranging and this text draws together all the diverse areas.
Malcolm RN, Ayalew M, Chenoweth J, Pedley S, Okotto LG, Mulugetta Y (2014) Small Independent Water Providers: Their Position in the Regulatory Framework for the Supply of Water in Kenya and Ethiopia, Journal of Environmental Law 2014 (26 (1)) pp. 105-128 Oxford University Press
Malcolm RN (1995) Environmental Assessment and Twyford Down,
Malcolm RN (1995) Health and Safety Prosecutions,
Malcolm RN (1997) Company Directors Should Be Executed for Environmental Offences,
Malcolm RN (2012) Human Dignity and Sanitation,
Malcolm RN (1997) Company Directors and Criminal Charges (Part one), Estates Gazette (9706) pp. 149-150
Malcolm RN (1998) Property Interests in Bringing Actions in Nuisance,
Malcolm RN, Blake LW (2000) Enforcing Environmental Law: The Educational and Training Needs of Environmental Lawyers and Enforcement Officers,
Malcolm Rosalind, Clarke Alison (2017) Water: A Common Treasury, Proceedings of the British Academy Oxford University Press
In this Chapter we argue that, because of its unique physical qualities and its importance to life and the environment, water is what Gerard Winstanley in 1649 would have characterised as a common treasury ? a resource to be used in common by all. We examine the notion of water as a common treasury, and the implications that this characterisation of water has for property rights in water. We argue that a property rights system centred on neo-liberal conceptions of absolute private ownership, allowing private dominion over water and its commodification, is inappropriate for water and subverts its role as a common treasury. To enable water to function effectively as a common treasury, we argue, a more appropriate property model is one that emphasises and facilitates collaboration and co-operation rather than competition ? in other words, a property rights system which acknowledges and promotes communal property in its many forms.
This study was commissioned by the European Parliament?s Policy Department for
Citizens? Rights and Constitutional Affairs at the request of the JURI Committee. It
looks at the interrelation between the Consumer Sales and Guarantee Directive
(CSD) and the Ecodesign Directive (EDD) with respect to guarantees and product
expected lifetime. Through legal research and stakeholder surveys, it develops an
EU lifespan guarantee model, which could be implemented by amendments to the
proposal for an Online Sales Directive (OSD) and the EDD. It recommends
extending the EDD to include the lifespan and extending the limitation period of the
OSD. A commercial guarantee for the lifespan of a product is also suggested.
Malcolm RN (2011) ?Integrated Product Policy: Products and their Impact on Energy?, International Journal of Law in the Built Environment 3 (1) pp. 48-64 Emerald
?Integrated Product Policy: Products and their Impact on Energy?
Pravst I, Hodgkins C, Lähteenmäki L, Malcolm R, Kuaar A, Kulikovskaja V, }mitek K, Miklavec K, Raats M, Lavriaa } (2017) Recommendations for successful substantiation of new health claims in the European Union, Trends in Food Science & Technology 71 pp. 259-263 Elsevier

Background:

While functional foods offer promise for public health and innovation in the food industry, the efficiency of such foods should be assured to protect consumers from misleading claims. Globally, many countries regulate the communication of the health effects of such foods to final consumers.

Scope and approach:

In the European Union (EU), the use of health claims was harmonized in 2006. All claims need to be scientifically assessed by the European Food Safety Authority (EFSA) and pre-approved. Implementing the regulation has involved a steep learning curve for stakeholders, resulting in many health claims being rejected. The EU-funded REDICLAIM project used existing guidance documents, analyses of Scientific Opinions on new health claim applications, and a series of interviews with experts involved in such applications to identify key points in the process of authorizing new health claims.

Key findings and conclusions:

Recommendations for the successful substantiation of new health claims in the EU were prepared. The substantiation of health claims is primarily based on human efficacy studies, and greater resources are required to authorize more innovative claims. The reported recommendations should be seen as a starting point for researchers in the area of nutrition and food technology, and for those dealing with functional foods, including the food industry.

Malcolm Rosalind, Clarke Alison (2018) Water: A Common Treasury, In: Xu Ting, Clarke Alison (eds.), Legal Strategies for the Development and Protection of Communal Property British Academy
In this Chapter we examine the notion of water as a common treasury, and the implications that this characterisation of water has for property rights in water. We argue that a property rights system centred on neo-liberal conceptions of absolute private ownership, allowing private dominion over water and its commodification, is inappropriate for water and subverts its role as a common treasury. To enable water to function effectively as a common treasury, we argue, a more appropriate property model is one that emphasises and facilitates collaboration and co-operation rather than competition ? in other words, a property rights system which acknowledges and promotes communal property in the forms we describe below.
Malcolm Rosalind (2019) Life Cycle Thinking as a Legal Tool: A Codex Rerum, Law, Environment and Development Journal 15 (0) pp. 1-17 School of Oriental and African Studies
All creatures including birds, animals and humans are
at risk from plastic waste in the environment and the
challenge of preventing it entering rivers, oceans, the
atmosphere and land is urgent requiring our full
attention.1 Yet, at the same time, plastics are a valuable
material for preserving food, and they are used in
textiles, transportation, construction and personal care
products. Indeed, a world without plastics is
unimaginable. The challenge then, is to deal with the
escape of waste plastics in a way which enhances the
circular economy ? a closed-loop system where endof-service-life-objects become a resource. For most
plastics like packaging, closed-loop systems already exist
which can be improved through increasing collection
and reuse/recycling. However, there are also
uncontrolled losses of plastic materials that happen
as ?fugitive? emissions like tyre-wear or when
laundering garments made from plastic. The problem
of plastics waste is linked to the issue of mass
consumption in the industrialised world, which has
led to increasing production, the proliferation of
goods, and the generation of waste. In highly
industrialised societies, products are often treated as
throwaway or ?single-use? items which not only increase
the waste burden including fugitive emissions during
their use phase, but also use raw materials in their
manufacture thereby depleting the virgin resources of
the planet. In the developing world, these problems
exist too but are often exacerbated by the import and
accumulation of plastic waste from the global north
despite recent bans on such trade.