Download or read book Civil liability for damage caused by waste written by Boris Meissner and published by Duncker & Humblot. This book was released on 2021 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: The subject of this book is the »Proposal for a Council Directive on Civil Liability for Damage Caused by Waste« which was first presented by the Commission of the European Communities in 1989, then amended in 1991, and which remains under consideration by the Council to this day.The book attempts to look at the Proposal from a comparative point of view, asking what impact the Directive, if implemented as drafted, would have on the law of different Member States of the EC. For this purpose, England (as part of the U. K.) and Germany have been taken as examples. A detailed and comparative outline of the English and German law related to civil liability for waste precedes the examination of the proposed Directive. In this way, the book also contributes to the discussion triggered by the Commission's »Green Paper on Remedying Environmental Damage« of 1993. To the main text of the book, which is written in English, an extensive German summary has been added.Gegenstand dieses Buches ist der von der Kommission der Europäischen Gemeinschaften (jetzt: der Europäischen Union)im Jahre 1989 vorgelegte »Vorschlag für eine Richtlinie des Rates über die zivilrechtliche Haftung für die durch Abfälle verursachten Schäden«, der im Jahre 1991 mit wesentlichen Änderungen versehen wurde und dem Rat nach wie vor zur Prüfung vorliegt.Das Buch beleuchtet den Richtlinienvorschlag rechtsvergleichend, d. h. unter der Fragestellung, wie sich die Richtlinie auf die Rechtslage in verschiedenen Mitgliedsstaaten der EU auswirken würde, wenn sie in ihrer derzeitigen Fassung in Kraft träte. Als Beispiele dienen England (als Teil des Vereinigten Königreiches) und Deutschland. Eine detaillierte und rechtsvergleichende Darstellung des englischen und deutschen Rechts in bezug auf die zivilrechtliche Haftung für Abfälle ist daher der Untersuchung des Richtlinienvorschlages vorangestellt. Auf diese Weise leistet das Buch auch einen Beitrag zu der Diskussion, die das im Jahre 1993 von der Europäischen Kommission vorgelegte »Grünbuch über die Sanierung von Umweltschäden« ausgelöst hat. Dem in englischer Sprache verfaßten Haupttext wurde eine ausführliche deutsche Zusammenfassung beigegeben.
Download or read book Paying for Pollution written by Great Britain. Parliament. House of Lords. Select Committee on the European Communities and published by . This book was released on 1990 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Civil Liability for Waste written by Peter von Wilmowsky and published by Peter Lang Gmbh, Internationaler Verlag Der Wissenschaften. This book was released on 1992 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recoge: 1. Introduction - 2. Scope of application - 3. Liable persons - 4. Causation - 5. Remedies - 6. Retrospection - 7. Insurance or other financial security - 8. Financial caps on liability - 9. Administrative compensation systems - 10. Summary - 11. Deutsche Zusammenfassung.
Download or read book Civil Liability for Damage Caused to the Environment by Hazardous Waste written by Artemis Hatzi-Hull and published by . This book was released on 1995 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Paying for Pollution written by Great Britain. Parliament. House of Lords. Select Committee on the European Communities and published by . This book was released on 1990 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Civil liability for environmental damage caused by waste in the European Union written by Waldemar D. Halka and published by . This book was released on 1995 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Proposal for a Council Directive on Civil Liability for Damage Caused by Waste written by Commission of the European Communities and published by . This book was released on 1989 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Learning from Past Mistakes written by and published by . This book was released on 1994 with total page 53 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Civil Liability for Damages Caused by Waste Dumps written by Bernard O'Connor and published by . This book was released on 1988 with total page 107 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Convention Sur la Responsabilit Civile Des Dommages R sultant D activit s Dangereuses Pour L environnement written by Council of Europe and published by Council of Europe. This book was released on 1993-01-01 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt: Opposite pages bear duplicate numbering. - Parallel text in French & English. Parallel French title: Convention sur la responsabilitâ civile des dommages râsultant d'activitâs dangereuses pour l'environment
Download or read book Liability and Environment written by Lucas Bergkamp and published by BRILL. This book was released on 2021-12-06 with total page 734 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Injuries and Damages from Hazardous Wastes Appendices written by and published by . This book was released on 1982 with total page 954 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Liability for Damage to Public Natural Resources Standing Damage and Damage Assessment written by Edward Brans and published by Kluwer Law International B.V.. This book was released on 2001-10-17 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Law of Environmental Damage written by Larsson and published by Martinus Nijhoff Publishers. This book was released on 2023-09-20 with total page 683 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Environmental Liability in a European Perspective written by Ida Johanne Koppen and published by . This book was released on 1991 with total page 98 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recoge: 1. Introduction -- 2. Substantive Principles of Environmental Liability in International Law -- 3. European Community Initiatives on Environmental Liability -- 4. Liability for Environmental Damage in Italy.
Download or read book COM 91 219 Final Syn 217 written by and published by . This book was released on 19?? with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Liability for Environmental Damages written by Elga Bartsch and published by University of Michigan Press. This book was released on 1998 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
