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10 J. Prop. Plan. & Envtl. L. 2 (2018)

handle is hein.journals/jppel10 and id is 1 raw text is: Editorial Journal of Property, Planning and Environmental Law Vol.10 No.1,2018 pp. 2-4 ©Emrald Publishing Limited 2514-9407 DOI 1&1OSJQPPEL-02-2018-0008 I am delighted to be writing this editorial at such an exciting time in the history of this journal. This tenth volume sees a relaunch under a new title, which reflects our new aims and scope. The Journal brings together scholarship from the interrelated areas of property, planning and environment and will continue to accommodate diverse methodological approaches. We remain international in scope and retain a commitment to comparative legal research. These three areas of law are, of course, not new to the Journal and much has been published in these fields over the years, both under the editorship of Dr Paul Chynoweth and more recently myself. We have had Associate Editors for Environmental Law and Property Law for quite a number of years and I continue to lead on Environmental Law along with Dr Francis Sheridan King on Property Law. We have recently been joined by Dr Emma Lees as Associate Editor for Planning Law and we welcome her to the Team. We also welcome new members to our Editorial Advisory Board and we are extremely pleased to be publishing papers from board members (old and new) in this launch issue with more contributions from our board to be published in a follow-up issue later this year. Professor Elizabeth Fisher et al. in a thought-provoking article of 2009 suggested that environmental law scholarship can only come of age when scholars face the methodological challenges of environmental law research head on [Fisher et al. (2009)]. They argue that the development of the subject, along with its worth as an intellectual discipline, is hampered by a lack of explicit and widespread discussion about methodology. The same can, no doubt, be said for the discrete area of planning law. It is fitting, therefore, to have a paper on methodology as the first under our new title. Associate Editor, Dr Emma Lees, and her co-author, Dr Edward Shepherd, present their manifesto aimed at stimulating debate on the methodologies used in environmental and planning law. In highly politicised areas such as these, the interpretation of legal norms can vary and the authors argue that ideology can shape and mould judicial decision-making. Lees and Shepherd look at the rule of law as an ideology that is internal to legal practice. Following Freeden (1998), they identify the rule of law as a contested legal concept comprising other specific legal concepts, themselves contested. The authors conclude that this understanding of an ideology that, although a feature of legal culture can be considered separately, can help in the analysis of judgments in areas of high levels of administrative discretion such as planning and environmental law. The second paper in this launch issue is co-authored by Professor Robert Lee and Dr Radek Stech. This contribution addresses an important area of environmental law - compensation for harm caused by nuclear installations. The harm resulting from a nuclear disaster can be of enormous proportions as we see from the projected costs of the Fukushima disaster, currently at around $188bn. The authors consider some important amendments to the Nuclear Installations Act, 1965 made by an Order of 2016[1]. The focus of the paper is on changes introduced by the 2016 Order to the type of damage for which the compensation can be claimed and the relationship between this and damage as conceived by the common law in England and Wales as well as in the EU law. Lee and Stech conclude that using the EU Environmental Liability Directive as a reference point for the extension of compensation for environmental impairment and its consequences in the 1965 Act may mean that the new categories of nuclear liabilities will be open to doubt. The authors also bemoan the missed opportunity to clarify the existing law on personal JPPEL 10,1

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