Corporate Liability For Pollution
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Corporate Liability For Pollution
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Author : Gerard Maxwell Bates
language : en
Publisher: Lbc Information Services
Release Date : 1998
Corporate Liability For Pollution written by Gerard Maxwell Bates and has been published by Lbc Information Services this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Law categories.
The environmental performance of corporations in Australia and overseas in under increasing scrutiny. Government regulators, non-government organisational watch-dogs such as Greenpeace and the Environmental Defenders Office, as well as public opinion, can all make life difficult for corporations which are suspected or found to be in breach of their legal obligations to protect the environment. Consistent with this trend, there have been significant changes in government and judicial attitudes towards corporate environmental wrongdoing and accountability, with a clear move towards making corporations subject to criminal liability. Written by acknowledged environmental law specialists, Gerry Bates and Zada Lipman, this book deals with the legal obligation of corporations to avoid or minimise pollution. It is designed to provide a detailed explanation of the laws relating to pollution control across all jurisdictions in Australia.
Environmental Liability
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Author : Gordon Campbell
language : en
Publisher: Xpl Pub.
Release Date : 1998
Environmental Liability written by Gordon Campbell and has been published by Xpl Pub. this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Law categories.
"The gradual extension of liability in the UK now extends to corporate liability for past pollution, as well as liability arising out of new developments. Gordon Campbell's practice guide skilfully traces each of the key areas that most impact on commercial and banking practice. "
Liability And Environment
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Author : Lucas Bergkamp
language : en
Publisher: BRILL
Release Date : 2021-12-06
Liability And Environment written by Lucas Bergkamp and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-06 with Law categories.
Liability and Environment analyzes the role of law, in particular civil liability, in controlling environmental pollution and risk. In modern environmental policy, liability has become a popular instrument. In this book, Prof. Bergkamp takes a fresh look at civil liability for environmental harm in an inter- and transnational context. Over the last decade, industry's liability exposure for environmental harm has expanded significantly. At the international, EC, and national level proposals for onerous strict environmental liability regimes are pending. The `polluter pays principle', which is an articulation of the `cost internalization' theory in the environmental area, is believed to justify such liability regimes. Applying an instrumental approach to legal instruments, Prof. Bergkamp aims to redefine the role of liability in the heavily regulated environmental area. He shows that liability for environmental harm is not justified by the polluter pays principle, is an uncertain and unreliable instrument for achieving prevention, results in an inefficient insurance scheme, and plays a dubious role in adjusting activity levels. Based on an analysis of the basic characteristics of alternative legal instruments, Prof. Bergkamp concludes that civil liability should play a more modest, limited role in an environmental law system dominated by public law. Where deterrence is not the objective, first party insurance, compensation funds, or other public law regimes should be preferred over liability rules. In addition to civil liability of private parties, Liability and Environment discusses State liability under international, EC, and national law. Under international law, breach of a primary obligation triggers a State's liability. Prof. Bergkamp argues that this rule should be applied also to liability of private parties. In the environmental area, a business' primary obligations are spelled out in detailed permit conditions, regulations, and statutes. According to Prof. Bergkamp, only if a primary obligation is breached, a private person should be liable for environmental harm. The system that Bergkamp advocates is an objective fault liability regime, in which public environmental law defines the standard of care for both government and industry. "In rebuilding our civil liability system, we should keep in mind that what is good for industry should be good for everyone (or it is not good for anyone), we should keep in mind that what is good for private parties should be good for the state (or it is not good for either). In rebuilding our civil liability system, the international law of State responsibility, which is unpolluted by risk spreading and activity level considerations, will guide us a long way." This book is aimed at advanced law students, academic scholars, and practitioners. In addition, it will be of interest to policy and legislative analysts, legislators, and government officials. Professor Bergkamp's book cannot be described as "solving" the problems of legal and regulatory control of environmental harm, whether within a nation or internationally. As suggested before, however, the very idea of a "solution" is illusory. All legal and regulatory regimes around the world are today and will remain for the future in a state of perpetually continuing development. The virtue of this fine book is that it moves the process of that development forward by a very substantial measure. from the Foreword by George L. Priest.
Historical Pollution
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Author : Francesco Centonze
language : en
Publisher: Springer
Release Date : 2017-08-05
Historical Pollution written by Francesco Centonze and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-08-05 with Social Science categories.
This volume examines legal matters regarding the prevention and fighting of historical pollution caused by industrial emissions. "Historical pollution" refers to the long-term or delayed onset effects of environmental crimes such as groundwater or soil pollution. Historical Pollution presents and compares national legal approaches, including the most interesting and effective mechanisms for managing environmental problems in relation with historical pollution. It features interdisciplinary and international comparisons of traditional and alternative justice mechanisms. This book will be of interest to researchers in criminology and criminal justice and related areas, such as politics, law, and economics, those in the public and private sectors dealing with environmental protection, including international institutions, corporations, specialized national agencies, those involved in the criminal justice system, and policymakers.
Liability For Transboundary Pollution At The Intersection Of Public And Private International Law
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Author : Guillaume Laganière
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-02-24
Liability For Transboundary Pollution At The Intersection Of Public And Private International Law written by Guillaume Laganière and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-02-24 with Law categories.
This book focuses on how public and private international law address civil liability for transboundary pollution. In public international law, civil liability treaties promote the implementation of minimum procedural standards in domestic tort law. This approach implicitly relies on private international law to facilitate civil litigation against transboundary polluters. Yet this connection remains poorly understood. Filling the gap, this book engages in a meaningful dialogue between the two areas and explores how domestic private international law can reflect the policies developed in international environmental law. It begins with an investigation of civil liability in international environmental law. It then identifies preferable rules of civil jurisdiction, foreign judgments and choice of law for environmental damage, using Canadian private international law as a case study and making extensive references to European law. Liability for transboundary pollution is a contentious issue of the law, both in scholarship and practice: international lawyers both private and public as well as environmental lawyers will welcome this important work.
Corporate Liability
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Author : R. Guest
language : en
Publisher:
Release Date : 1993
Corporate Liability written by R. Guest and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with categories.
Civil Liability For Marine Oil Pollution Damage
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Author : Hui Wang
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2011-01-01
Civil Liability For Marine Oil Pollution Damage written by Hui Wang and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-01 with Law categories.
This remarkable book - the first in-depth examination of the civil liability regime for marine oil pollution damage from a law and economics perspective - examines the efficiency and effectiveness of the regime, with particular attention to whether it is in fact designed in the public interest or merely a distribution of risks and costs among interested parties. The question is asked: does the liability system give the potential polluter incentives to take precautionary measures to avoid pollution or to reduce the possibility of pollution? The international regime on civil liability for marine oil pollution rests on the International Convention on Civil Liability for Oil Pollution Damage (CLC) and the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (Fund Convention). However, the world's biggest oil consumer and importer - the United States - has ratified neither, preferring its own Oil Pollution Act of 1990 (OPA), and China - currently the world's second oil-consuming country - has not ratified the Fund Convention. Thus it is reasonable to compare the three regimes - international, US, and China - as such a comparative study may reveal some advantages or disadvantages among the three systems. Among the issues raised and tackled head-on by the author are the following: whether the contents of international conventions can be considered as the result of the influence of the various interest groups involve; overview of the regulations of marine pollution; technical standards, rules for operation, professional criteria; to what extent a state may take action against trans-boundary polluting activities; what liability a state may incur for non-action or non-effective action; significance for liability of the charter-party, generally considered the evidence of the hire of a ship, and the bill of lading, considered the evidence of the contract of carriage of goods by sea; the crucial role of the so-called 'International Group' of 13 Protection and Indemnity (P and I) Clubs, non-profit organizations specializing in liability insurance; the main international players - the International Maritime Organization (IMO), the Comit? Maritime International (CMI), and industry organizations such as INTERTANKO and the Oil Companies International Marine Forum (OCIMF); the particular regime on offshore facility pollution liability in the United States; port state control; criminal liability; and EU and other regional initiatives. In addition, a detailed study of the Erika case reveals some of the rationale for many of the persistent features of marine pollution liability regimes. The well-thought-out legal and economic analysis provided in this book, along with its clearly stated policy recommendations and constructive perspectives for future development of the liability system, will be immeasurably valuable to lawyers and policymakers active in this highly visible area of international law.
Maritime Pollution Liability And Policy
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Author : Faure
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2010-01-01
Maritime Pollution Liability And Policy written by Faure and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-01-01 with Law categories.
The approach throughout is both legal multi-disciplinary and comparative. The relevant international conventions are examined (particularly the 'Bunker Convention' of 2008), with particular attention to their implementation in China and Europe, as well as the independent US regime. In addition, detailed empirical data from well-known case studies provide important insights into the working of international and national prevention and compensation mechanisms.
Environmental Liabilities Creditors And Corporate Pollution
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Author : Jianqiang Chen
language : en
Publisher:
Release Date : 2022
Environmental Liabilities Creditors And Corporate Pollution written by Jianqiang Chen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with Business enterprises categories.
We evaluate the impact of the 2008 Apex Oil court decision that made the creditors of some corporations financially liable for the environmental damages caused by specific pollutants. Apex reduced the circumstances under which environmental liabilities were dischargeable in Chapter 11, which generated financial incentives for the creditors of firms near bankruptcy to pressure their firms to reduce emissions of those pollutants. We discover that Apex lowered bond prices, widened loan spreads, and reduced corporate pollution among firms that (a) release the specific chemicals covered by Apex and (b) are close to Chapter 11 and hence likely to be affected by changes to the dischargeability of environmental liabilities. Further tests suggest that creditors rapidly responded to Apex and successfully induced firms to reduce pollution.
Criminal Liability For Oil Pollution Damage
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Author : Michael G. Faure
language : en
Publisher:
Release Date : 2013
Criminal Liability For Oil Pollution Damage written by Michael G. Faure and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with categories.
This paper constitutes a chapter in a book on maritime pollution liability and policy in China, Europe and the U.S. and deals with criminal liability for oil pollution damage from an economic perspective. After an introduction first the economic theory of criminalisation is applied to oil pollution damage, discussing why criminal law may be needed for oil pollution damage. Next optimal sanctions for marine pollution are discussed, also paying attention to alternative sanctions such as restoration, forfeiture of illegal gains and confiscation. The question is also addressed whether there should be corporate criminal liability for oil pollution and criminal liability for oil pollution is also discussed from a practical perspective. Recent evolutions concerning ship source pollution in the EU are discussed as well as the well-known Erika case. Attention is also paid to the empirical evidence concerning the effectiveness of criminal law in preventing oil pollution damage.