Liability For Damage To Public Natural Resources Standing Damage And Damage Assessment
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Liability For Damage To Public Natural Resources Standing Damage And Damage Assessment
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Author : Edward Brans
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2001-10-17
Liability For Damage To Public Natural Resources Standing Damage And Damage Assessment written by Edward Brans 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 2001-10-17 with Law categories.
This book focuses on liability for damage to those natural resources that are of interest to the public and are protected by national, European or international law. It provides an overview of the law of the United States and of certain EU Member States on the recovery of damages for injury to natural resources. The international civil liability conventions that cover environmental harm and the recently published European Commission's White Paper on environmental liability are also discussed. The on-going development in various international forums of treaties or protocols dealing with liability for environmental damage are analyzed, as are the principles developed by the UNEP Working Group established in response to the 1990 Gulf War to advise the UNCC on claims for damage to natural resources. The book addresses assessment and valuation issues, the issue of standing in cases of injury to (un)owned natural resources, and the determination of ways to repair, restore and compensate for natural resource injuries and the associated loss of ecological and human services. It also explains why such a difference exists between the US and most European jurisdictions and inter-national liability conventions as to the recovery of damages for injury to natural resources.
The Natural Resource Damage Assessment Deskbook
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Author : Valerie Ann Lee
language : en
Publisher: Environmental Law Institute
Release Date : 2002
The Natural Resource Damage Assessment Deskbook written by Valerie Ann Lee and has been published by Environmental Law Institute this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Law categories.
This book provides a comprehensive survey of the law and techniques associated with the law, science, and economics involved in natural resource damage assessment. Written by experts in the field, this new deskbook is the most comprehensive and up-to-date analysis of the subject available. It thoroughly examines the framework for liability and the goals of the federal statutes providing a right of action for natural resource damages. Focus is maintained on the natural resource damage provisions of CERCLA; the Oil Pollution Act; the Clean Water Act; the Marine Protection, Sanctuaries, and Research Act; and the National Park System Resource Protection Act.
Natural Resource Damages
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Author : Kevin M. Ward
language : en
Publisher: John Wiley & Sons
Release Date : 1992
Natural Resource Damages written by Kevin M. Ward and has been published by John Wiley & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992 with Damages categories.
Environmental Damage In International And Comparative Law
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Author : Michael Bowman
language : en
Publisher: Oxford University Press, USA
Release Date : 2002
Environmental Damage In International And Comparative Law written by Michael Bowman 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 2002 with Law categories.
This study considers the problems of defining and valuing "environmental damage" from the perspective of international and comparative law. The need for a broad and systematic evaluation of this issue is illustrated by the number of topics presently on the international law-making agenda to which it is relevant, including the UN Compensation Commission's decisions on compensation for environmental losses suffered by Kuwait in the Gulf War, nuclear and oil pollution liability regimes, the development of an environmental liability protocol to the Antarctic Treaty and other agreements on bio-safety and genetically modified organisms. It is thus an important element in contemporary efforts to strengthen legal remedies for environmental harm which does not necessarily come within traditional categories of legally protected personal or property rights.
Marine Resource Damage Assessment
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Author : F. Maes
language : en
Publisher: Springer Science & Business Media
Release Date : 2006-06-29
Marine Resource Damage Assessment written by F. Maes and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-06-29 with Law categories.
The main focus of this important book is on civil liability regimes to compensate for ecological/environmental damage, the impact of EC decision-making on the international regime for oil pollution damage, the use of environmental funds in this respect, the economic valuation of damage to the environment from a theoretical perspective and the application of the Contingent Valuation Method in Belgium for ecological damage at sea.
Environmental Liability And The Interplay Between Eu Law And International Law
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Author : Emanuela Orlando
language : en
Publisher: Routledge
Release Date : 2023-07-24
Environmental Liability And The Interplay Between Eu Law And International Law written by Emanuela Orlando and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-24 with Law categories.
The role of law in responding to global environmental problems and the interplay between different levels of regulation and governance is becoming increasingly relevant in the field of liability and reparation for environmental damage. This book examines the relationship and reciprocal influences between the EU and the international legal order in a multilevel and comparative perspective, in relation to the ongoing efforts to elaborate effective regimes of liability and reparation for environmental damage. It offers a comparative analysis of legal developments in the field of environmental liability within the EU and at the international law level and addresses questions concerning the impact of such interaction on the development, implementation and enforcement of appropriate responses to environmental damage within the respective legal orders and on a global level. Given the book’s focus and the transnational legal dimension of the issues covered, this volume will be of great interest to legal academics and researchers working in the environmental law field from an EU law and international law perspective, as well as more generally to scholars interested in the study of the relationship between EU and international law. Outside academia, the book will also be of great interest to practitioners wishing to get insights into the application of the law of environmental liability in the EU and at the international law level.
International Environmental Obligations And Liabilities In Deep Seabed Mining
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Author : Linlin Sun
language : en
Publisher: Cambridge University Press
Release Date : 2023-11-30
International Environmental Obligations And Liabilities In Deep Seabed Mining written by Linlin Sun 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 2023-11-30 with Law categories.
Clarifies legal requirements for environmental protection in deep seabed mining and the legal consequences when environmental damage occurs.
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.
This book examines liability for environmental harm in Antarctic, deep seabed, and high seas commons areas, highlighting a unique set of legal questions: Who has standing to claim environmental harms in global commons ecosystems? How should questions of causation and liability be addressed where harm arises from a variety of activities by state and non-state actors? What kinds of harm should be compensable in global commons ecosystems, which are remote and characterized by high levels of scientific uncertainty? How can practical concerns such as ensuring adequate funds for compensation be resolved? This book provides the first in-depth examination and evaluation of current rules and possible avenues for future legal developments in this area of increasing importance for states, international organizations, commercial actors, and legal and governance scholars. This title is part of the Flip it Open Programme and may also be available Open Access. Check our website Cambridge Core for details.
The Eu Environmental Liability Directive
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Author : Lucas Bergkamp
language : en
Publisher: OUP Oxford
Release Date : 2013-03-14
The Eu Environmental Liability Directive written by Lucas Bergkamp and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-14 with Law categories.
Similar to the United States (US) Natural Resource Damage (NRD) program, defined under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or "Superfund") and the Oil Pollution Act (OPA), the European Union's (EU) Environmental Liability Directive (ELD)imposes liability for, and requires remediation of, significant damage to natural habitats and species protected at Community and national levels, surface and ground waters covered by the Water Framework Directive, and land.The ELD was first published in 2004 and has since been transposed into the national laws of all EU Member States. However there is little guidance available to authorities and industry in interpreting and applying the ELD and meeting its prevention and restoration objectives. This volume is the first to describe the EU's ELD and to examine the emerging issues and practices in its application. While there are differences between the US and EU regimes, some of the underlying concepts, approaches and definitions embedded in NRD are also mirrored in the text of the ELD. The book includes a comparison of similarities and differences as well as synergies in practice; hence, this book will be of interest to both US and European readers. The ELD imposes liability for significant damage to natural habitats and species protected at Community and national levels, surface and ground waters covered by the Water Framework Directive, and land. Prior to the ELD's adoption many Member States had programs in place for the restoration of soil and groundwater contamination, but none had a regime for addressing harm to unowned natural resources. This volume presents a comprehensive legal commentary on the legal issues arising under the ELD, as well as an overview of administrative, technical, and legal issues and practices in applying the ELD regimes to cases of actual or threatened environmental damage. In doing so, it discusses both substantive issues and important procedural and process-related issues. Several case studies are presented to illustrate the issues and practical solutions. In addition, emerging best practices relating to practical ELD application are identified and presented. Identifying and discussing a wide range of emerging administrative, technical, and economic practice issues arising under member state legislation transposing and implementing the ELD, this book will be a valuable resource for all those whose work is affected by the ELD.
International Documents On Environmental Liability
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Author : Hannes Descamps
language : en
Publisher: Springer Science & Business Media
Release Date : 2008-05-26
International Documents On Environmental Liability written by Hannes Descamps and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-05-26 with Law categories.
International Documents on Environmental Liability brings together 30 official full-text documents in the field of international environmental liability into an easily accessible, practical handbook; details the work of the International Law Commission on this topic; and provides the latest versions of international liability conventions and their statuses – including the latest on: (1) 2003 UNECE Kyiv Liability Protocol; (2) 2004 EC Directive on Environmental Liability; (3) 2005 Antartica Liability Annex. The authors’ combined capacity as an academic, policy advisor, and practitioner have helped bring forth a publication that reflects their experience of being involved in the development, negotiations and implementation of environmental liability regimes at both an international and European level.