Liability For Environmental Damages
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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.
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.
Liability For Environmental Damages
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Author : Elga Bartsch
language : en
Publisher: University of Michigan Press
Release Date : 1998
Liability For Environmental Damages written by Elga Bartsch and has been published by University of Michigan Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Business & Economics categories.
From an economic point of view, liability for environmental damages aims at two goals. On the one hand, liability should efficiently allocate the risk imposed by the stochastic nature of environmental damages. On the other hand, ex post liability should generate ex ante incentives to take appropriate precautions against environmental risk. In reality, precautionary incentives generated by civil liability for environmental damages are often reduced by various impediments to the enforcement of legal claims. One of the key impediments is uncertain causation, especially when precautionary pollution control measures cannot be easily observed. This book analyzes the consequences of asymmetric information regarding the precautionary pollution control measures on enforcing legal claims, and, hence, on the precautionary incentives. The question is discussed against the background of the 1991 German Environmental Liability Act (Umwelthaftungsggesetz). In the first part of this book, Elga Bartsch gives an overview of selected liability systems and then derives the conditions for an optimal liability rule in a situation of uncertain causation and imperfect information within the principal-agent framework. This theoretical discussion is followed by an empirical analysis of the impact of the German Environmental Liability Act on the German chemicals industry by means of an event study. Its results indicate that the change in the legal framework did not have an adverse effect on the German chemicals industry.
Environmental Damage And Liability Problems In A Multilevel Context
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Author : Sandra Cassotta
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2012-03-23
Environmental Damage And Liability Problems In A Multilevel Context written by Sandra Cassotta 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 2012-03-23 with Law categories.
There is a growing interest at different decision-making levels (EU, international and national) in using liability as an element in solving the legal problems of environmental harm. The interest is founded on the necessity to take into account of complex inter-dependencies and interrelationships between the environmental media at global, regional and national levels. In an effort to implement the aims of sustainable development, new views of the traditional liability instrument have to be applied. The book focuses on the Environmental Liability Directive 2004/35/EC (the so-called “ELD”) on the prevention and remedying of environmental damage, and evaluates as to whether the ELD has achieved its goals and maintained its ambitions in terms of environmental protection, and what the optimal level of harmonization in terms of environmental protection is. In order to address the question of research of this book, an interdisciplinary framework of analysis and methodology combining political science and law are developed. Since environmental damage is a multidimensional and multidisciplinary problem, par excellence, a multidisciplinary approach is required. Consequently, the use of a multidisciplinary method, combining together in a systematic and rigorous fashion, law, political science, technical elements of economy, insurance law and natural science, is, in the research design of this study, necessary, in a view of tackling the topic in a scientific problem solving-oriented approach. The book draws the overall conclusions by suggesting proposals for amendments and recommendations to be utilized for possible redrafting of the ELD’s provisions for the time when the ELD will be object of a procedure of revision. This book will be of interest to practitioners in EU law and EU Environmental law, international environmental law, legal experts on the law of environmental liability, specialists within international organizations but also by political scientists, economists, insurance law specialists, and natural scientists.
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.
The Law Of Environmental Damage
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Author : Marie-Louise Larsson
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 1999-03-02
The Law Of Environmental Damage written by Marie-Louise Larsson and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-03-02 with Law categories.
From its starting point within international law, throughout its progression from regional to national law, "The Law of Environmental Damage" combines the disciplines of environmental law, liability law and insurance in its analysis of the development of reparative environmental law. In the model adopted, three generations of reparative schemes are identified, based on civil liability or administrative liability or self-taken measures from the area of insurance. The analysis applied is based on factors of standard and designation of liability, as well as the definition and assessment of environmental damage. Issues such as environmental lender liability and damage to public natural resources are highlighted. The results of the study are evaluated within the framework of a theory of environmental efficiency; among other factors, the reparative effect of liability rules is discussed.
Civil Liability For Environmental Damage
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Author : Mark Wilde
language : en
Publisher:
Release Date : 2013
Civil Liability For Environmental Damage written by Mark Wilde and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Environmental law categories.
By adopting a theoretical and comparative approach, this text asks whether, through increased protection of private interests, tort has the ability to provide a useful additional means of environmental protection to regulatory controls.
Civil Liability For Environmental Damage A Comparative Analysis Of Law And Policy In Europe And The United States
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Author : Mark Wilde
language : en
Publisher: Springer
Release Date : 2002-08-14
Civil Liability For Environmental Damage A Comparative Analysis Of Law And Policy In Europe And The United States written by Mark Wilde and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-08-14 with Law categories.
By adopting a theoretical and comparative approach, this text asks whether, through increased protection of private interests, tort has the ability to provide a useful additional means of environmental protection to regulatory controls.
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.
Civil Liability For Environmental Damage In Ethiopia Legal And Institutional Analysis
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Author : Kibru Debebe
language : en
Publisher:
Release Date : 2020-07-20
Civil Liability For Environmental Damage In Ethiopia Legal And Institutional Analysis written by Kibru Debebe and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-07-20 with categories.
Master's Thesis from the year 2020 in the subject Law - Public Law / Miscellaneous, grade: 3.5, Ethiopian Civil Service University (Law and Federalism), course: International Environmental Law, language: English, abstract: The main research question of this thesis is: Does the Ethiopian legal system put in place a civil liability regime for damage on environment? What does this civil liability regime look like? Industrial and other activities by private entities have the capacity to damage the environment thereby causing environmental damage invariably. To tackle this problem, governments around the world has developed laws and policies having the aim of reducing the impacts that human activities are causing on the environment and preventing damage. The ne plus ultra of these laws is achieving a clean, healthy and sustained environment. Civil liability is a type of liability regime adopted by countries to make private entities accountable for harm they create on the environment knowingly or negligently. Environmental liability, in one or another way is subjected two the civil liability regime. Numerous countries put environmental liability so that it would be governed by principles and rules of tort liability, which deals with all types of damages indifferently. However, the natures inherent with in environmental liability becomes problematic whenever we try to apply the existing tort rules and procedures. These problems include the difficulty in proving the cause of damage (causal-effect relationship) by already instilled tort rules. Besides, environmental liability demands remedy beyond compensation in order to protect the environment proactively. This thesis therefore addresses these issues giving particular emphasis on the Ethiopian civil liability regimes. In an attempt to elucidate the problems and give possible recommendations, a thorough analysis on liability regimes adopted by Ethiopian laws dealing with environmental issues are assessed. Furthermore, in