International Responsibility For Environmental Harm
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International Responsibility For Environmental Harm
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Author : Francesco Francioni
language : en
Publisher: Springer
Release Date : 1991-11-25
International Responsibility For Environmental Harm written by Francesco Francioni and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991-11-25 with Law categories.
This work addresses international concern about the harm which may result from environmentally hazardous activities. It embraces traditional transboundary harm originating in one country and affecting the territory of another country and includes global transboundary harm occurring when the sources of pollution and the potential damages are so widespread that it is impossible to point out either a single responsible State or a single injured State. Rules relating to environmental harm may be found at the level of international responsibility for wrongful conduct, the level of international liability for injurious consequences arising out of acts not prohibited by international law and the level of domestic or uniform rules on civil liability for hazardous activities. While there is a need for a more appropriate legal framework this book does not purport to give definite solutions to open questions. It describes legal tools presently available for dealing with the consequences of international environmental harm, and tries to focus on some specific risks or accidents, as well on some aspects of international cooperation.
Compensation For Environmental Damages Under International Law
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Author : Tarcísio Hardman Reis
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2011-01-01
Compensation For Environmental Damages Under International Law written by Tarcísio Hardman Reis 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.
At present there is no clear model under international law with which to determine compensation for environmental damage. After showing that no existing standard of compensation defined by the theory and practice of international law is adequate to cover all cases involving environmental damages - and that such a broad standard or set of standards may in fact be ultimately unachievable - the author of this important book develops a 'fair compensation' regime from an analysis of existing international dispute adjudication mechanisms, and presents this model as the best possible current approach to the conciliation of international responsibility and environmental interests.
Responsibility For Environmental Damage
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Author : Jason Rudall
language : en
Publisher: Edward Elgar Publishing
Release Date : 2024-04-12
Responsibility For Environmental Damage written by Jason Rudall and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-04-12 with Law categories.
Engaging with one of the most consequential issues of our time, this book offers a comprehensive analysis of responsibility for environmental damage under international law. In doing so, it considers the responsibility, liability and accountability of state and non-state actors for harm caused to the environment and non-compliance with environmental norms across a wide range of multilateral regulatory frameworks.
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.
State Responsibility And The Marine Environment
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Author : Brian D. Smith
language : en
Publisher: Oxford University Press, USA
Release Date : 1988
State Responsibility And The Marine Environment written by Brian D. Smith and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988 with Environmental law, International categories.
Focusing on damage affecting the seas--tank spills, for example, or the dumping of wastes--this book seeks to identify and illustrate a set of international legal rules for determining if and when a country should be held responsible for environmental harm.
The Environment Risk And Liability In International Law
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Author : Julio Barboza
language : en
Publisher: BRILL
Release Date : 2010-12-17
The Environment Risk And Liability In International Law written by Julio Barboza and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-12-17 with Law categories.
The Environment, Risk and Liability in International Law explains the important role liability plays in risk management and environmental protection in the realm of International Law.
The New Accountability
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Author : Michael Mason
language : en
Publisher: Routledge
Release Date : 2012-05-23
The New Accountability written by Michael Mason and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-05-23 with Nature categories.
The growth of pollution that crosses national borders represents a significant threat to human health and ecological sustainability. Various international agreements exist between countries to reduce risks to their populations, however there is often a mismatch between national territories of state responsibility and transboundary hazards. All too often, state priorities do not correspond to the priorities of the people affected by pollution, who often have little recourse against major polluters, particularly transnational corporations operating across national boundaries. Drawing on case studies, The New Accountability provides a fresh understanding of democratic accountability for transboundary and global harm and argues that environmental responsibility should be established in open public discussions about harm and risk. Most critically it makes the case that, regardless of nationality, affected parties should be able to demand that polluters and harm producers be held accountable for their actions and if necessary provide reparations.
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 For Transboundary Environmental Harm
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Author : Peter Gailhofer
language : en
Publisher: Springer Nature
Release Date : 2022-11-14
Corporate Liability For Transboundary Environmental Harm written by Peter Gailhofer and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-11-14 with Law categories.
This open access book aims to elaborate on the legal prerequisites to establish the liability of corporations for transboundary environmental harm, not only by identifying existing liability rules, principles and standards but also by analysing their potential for further legal development. The authors consider international and transboundary liability law to currently be an underutilised tool for international environmental protection. The book seeks to address this by exploring what is needed in terms of legislative action and identifying options for judicial pliability, thereby providing an important legal contribution in furthering the development of an effective international and transnational environmental liability law regime.
Liability For Environmental Harm To The Global Commons
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Author : Neil Craik
language : en
Publisher: Cambridge University Press
Release Date : 2023-08-31
Liability For Environmental Harm To The Global Commons written by Neil Craik and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-08-31 with Law categories.
A full examination of global legal rules governing liability for environmental harm in areas beyond the national jurisdiction of states.