Download or read book Civil Liability for Transfrontier Pollution Dutch Environmental Tort Law in International Cases in the Light of Community Law written by Gerrit Betlem and published by Springer. This book was released on 1993-09-24 with total page 648 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book covers both European Community law and Dutch environmental liability law as applicable in international cases. It contains an in-depth analysis of the Brussels Convention on Jurisdiction and Enforcement of Judgments from the point of view of environmental protection. In addition, the Community law doctrine of indirect effect, which is of great practical importance, is critically examined. Dutch environmental tort law, which is likely to influence future EC law in this field, is discussed in detail. The book is unique in that, for the first time, it makes a developed body of case law accessible to non-Dutch lawyers. This study will be of interest not only to environmental lawyers, but to all those engaged in international litigation, comparative tort law, and in European Community law in general.
Download or read book Liability for Transboundary Pollution at the Intersection of Public and Private International Law written by Guillaume Laganière and published by Bloomsbury Publishing. This book was released on 2022-02-24 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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 Transboundary Environmental Interference and the Origin of State Liability written by Lefeber and published by Martinus Nijhoff Publishers. This book was released on 2023-09-14 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: On-going deterioration of the state of the environment and the continuous risk of an environmental disaster has forced society to reconsider its environmental and developmental objectives. For economic and environmental reasons, the costs of prevention and reparation of environmental harm should be channelled to the polluter. However, such channelling may run counter to legal principles. This work scrutinizes this field of tension between economic and legal principles at state level. It provides a unique analysis of traditional thinking on state liability for transboundary harm and the theories which have challenged it since the proliferation of hazardous activities in the 1960s. The author favours a return to traditional thinking, but has an eye for the theories that challenged it with the aim of safeguarding the compensation of victims of transboundary harm.
Download or read book Liability of Multinational Corporations under International Law written by Menno T. Kamminga and published by BRILL. This book was released on 2021-12-28 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book An Inconvenient Deliberation written by Miriam Haritz and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This vitally important book asks: Can the precautionary principle make uncertainty judiciable in the context of liability for the consequences of climate change, and, if so, to what extent? Drawing on the full range of pertinent existing literature and case law, the author examines the precautionary principle both in terms of its content and application and in the context of liability law. She analyses the indirect means offered by existing legislation being used by environmental groups and affected individuals before the courts to challenge both companies and regulators as responsible agents of climate change damage"--Page 4 of cover.
Download or read book Transboundary Damage in International Law written by Hanqin Xue and published by Cambridge University Press. This book was released on 2003-03-13 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Chernobyl disaster, the Amoco Cadiz oil spill and the Colorado River dispute are examples of an activity conducted by one state which has serious adverse effects in the territory of another, or in global common areas. This book details the international rules and compensation procedures and is intended for use by governmental officials, international lawyers and jurists. It discusses existing laws on international liability and considers the underlying legal issues that require further development. It is one of the few books on the subject written from the perspective of a developing country with rapid economic and social development.
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 China and International Environmental Liability written by Michael G. Faure and published by Edward Elgar Publishing. This book was released on 2008-01-01 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: Few countries are likely to have a more important global environmental role in coming years than the People s Republic of China. Professors Faure and Song have prepared a remarkable collection of essays that provide valuable insight on one key aspect: China s engagement with issues of liability for environmental damage at the domestic and international levels. There is much to be learnt from the pages of this commendable, rich and accessible work. Philippe Sands QC, University College London and Matrix Chambers, UK This book considers the ways in which transboundary environmental pollution can be remedied through a variety of legal instruments. Particular attention is paid to the pollution of the Songhua river in China, but legal remedies to transboundary pollution are also discussed in a broader context. The focus of the book is on international environmental law and international conventions as well as the application of national environmental law in a transboundary legal context. Thus contributions also concentrate on voluntary approaches, the importance of transboundary environmental impact assessment and the application of national criminal law to transboundary pollution. Not only is transboundary pollution discussed from the perspective of international law, but also from that of the application of national law to transboundary pollution, thus centering on private law, administrative law and criminal law. As such, this book will be of great interest to academics, practitioners and students.
Download or read book Compensation for Environmental Damages Under International Law written by Tarcísio Hardman Reis and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Civil Liability for Environmental Damage A Comparative Analysis of Law and Policy in Europe and the United States written by Mark Wilde and published by Springer. This book was released on 2002-08-14 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Precautionary Principle and International Law The Challenge of Implementation written by David Freestone and published by Kluwer Law International B.V.. This book was released on 1996-01-01 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: Papers presented at the meetings facilitated by the Sanders Institute at the Faculty of Law of the Erasmus University Rotterdam and the Law School of the University of Hull.
Download or read book Research Handbook on Corporate Legal Responsiblity written by Stephen Tully and published by Edward Elgar Publishing. This book was released on 2005 with total page 453 pages. Available in PDF, EPUB and Kindle. Book excerpt: What I liked in particular about the Handbook was that each chapter identified the issues within a theoretical context and then gave the historical perspective with an accurate account of the current legal position and set down clear markers on the issues likely to influence future developments in corporate responsibility. Phillip Taylor, The Barrister This book has drawn together a distinguished and international group of writers to provide a wide-ranging discussion of the responsibility of corporations to society in general, including discussion of the role of companies in promoting human rights, accomplishing sustainable development and restoring and keeping public trust . The contributors put calls for Corporate Social Responsibility into its legal framework and provide a wide range of possible solutions to perceived weaknesses in the law. The authors are to be congratulated for adhering to the editorial mandate to provide information in a succinct style which is comprehensible to the lay person as much as the well-informed . This work is an indispensable tool for anyone engaged in the globalisation debate. It gives valuable, international, multi-faceted insights on the current situation, on work-in-progress to create change and of the theoretical perspectives which inform both. Janet Dine, Queen Mary College, University of London, UK Finally a book that explores the legal considerations related to corporate responsibility, and does so from a global perspective with strong underpinnings of ethics. This book should prove a useful guide for those academics and managers interested in the historical and emerging legal framework that guides corporate decision making around responsibility. Sandra Waddock, Boston College, US This volume provides an invaluable collection of essays that consider diverse perspectives on the social responsibility of corporations. As such it provides a very satisfying and balanced combination of contributions that should be useful to any serious student either in practice or academe of the role of corporations in society. David Crowther, London Metropolitan University, UK The ever-important topic of corporate legal responsibility is deconstructed into many multifaceted components in this fascinating Handbook, which systematically examines each in turn and describes the contemporary legal position. The Research Handbook on Corporate Legal Responsibility considers general theory and basic concepts such as corporate legal personality, the doctrine of attribution, corporate governance and directors duties, and reviews the range of individuals to which corporations may be held responsible, particularly employees, suppliers, shareholders, stakeholders and women. The substantive grounds for corporate responsibility under civil and criminal law within the North American and Commonwealth jurisdictions are evaluated, and mechanisms of accountability such as novel regulatory processes (interactive regulation, codes of conduct and social reporting), risk management and the significant role of non-governmental organisations are identified. The thought-provoking chapters contained within this Handbook go on to present perspectives on topical international questions (corruption, labour standards, human rights, environmental protection and sustainable development) including an analysis of recent initiatives from several international organisations. Bringing together the work of around thirty leading academics, practitioners, campaigners and policymakers from North America, Europe and Australia, each chapter locates these issues within a theoretical context, giving an overview of its historical evolution, providing an accurate account of the current legal position and identifying policy issues likely to influence future developments.
Download or read book Transboundary Air Pollution written by Cees Flinterman and published by BRILL. This book was released on 1986-01-01 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first collection of international legal documents related to the new, highly controversial & politically sensitive issue of transboundary movements of hazardous wastes & their disposal. It will be of invaluable assistance to practicing lawyers & other experts, academics as well as students, concerned with the rapid developments in international environmental law. The global instruments cover the basic system of the UNEP Basel Convention/IAEA Code & the documents of various United Nations organizations, whose interest with hazardous waste movements has increased considerably due to the preparations for the 1992 United Nations Conference on Environment & Development (UNCED). Numerous regional instruments included are: those of the UN ECE, OECD, EEC & other organizations of the industrialized states; instruments related to Antarctica; & to the major developing state regions (Africa, Latin America & the Caribbean, South Atlantic Zone, Asia & the Pacific), including the 1998 ACP-EEC Lome IV Convention & the 1991 OAU Bamako Convention. Two US treaties on hazardous waste export controls with Mexico & Canada form notable instances of bilateral measures. Some documents of Greenpeace & other non-governmental organizations are also added. An incisive Editors' Introduction & a comprehensive general index provide the reader with easy access to these vital instruments. This timely work aims to clarify & aid the increasingly intricate international debate on hazardous waste production & disposal, & reduce the conflict between North & South on the export of such waste to Third World countries. In addition, the prospects of South-South traffic, as developing states push towards industrialization, underline the urgent need for prompt & tough action. The Editors Barbara Kwiatkowska & Alfred Soons, both experienced authors on international law issues have been guided in the preparation of this unique collection by several outstanding experts, members of the Volume's Advisory Board, including Francis Njenga, S ecretary-General, Asian-African Legal Consultative Committee , New Delhi, Peter Sand, Principal Legal Officer, UNCED-Geneva, Henri Smets, Environment Directorate, OECD, Paris, Lee A. Kimball, Senior Associate, World Resources Institute, Washington, D.C. , Hans Lammers, Deputy Legal Adviser, Netherlands Foreign Office, The Hague & Iwona Rummel-Bulska, Chief, Environmental Law & Institutions Unit & Coordinator of the Basel Convention, UNEP-Nairobi/Geneva. The leading role of UNEP in seeking satisfactory solutions to the new environmental problems raised by hazardous wastes is accentuated in the Preface to the book by the honourable Dr Mostafa K. Tolba, E xecutive-Director of UNEP. The 'collective approach is' as he rightly put it 'our only option to care & share the only one Earth'.
Download or read book Transboundary Environmental Interference and the Origin of State Liability written by R. Lefeber and published by Martinus Nijhoff Publishers. This book was released on 1996-06-03 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: On-going deterioration of the state of the environment and the continuous risk of an environmental disaster has forced society to reconsider its environmental and developmental objectives. For economic and environmental reasons, the costs of prevention and reparation of environmental harm should be channelled to the polluter. However, such channelling may run counter to legal principles. This work scrutinizes this field of tension between economic and legal principles at state level. It provides a unique analysis of traditional thinking on state liability for transboundary harm and the theories which have challenged it since the proliferation of hazardous activities in the 1960s. The author favours a return to traditional thinking, but has an eye for the theories that challenged it with the aim of safeguarding the compensation of victims of transboundary harm.
Download or read book 1999 written by Petar Sarcevic and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: With articles by Maarit Jänterä-Jareborg, Petar Sarcevic, Hans Ulrich Jessurun d'Oliveira, Paul Volken, national reports from Venezuela, Switzerland, China, Hungaria and Germany and news from The Hague as well as texts, materials and recent developments.
Download or read book Elgar Encyclopedia of Comparative Law Second Edition written by J. M. Smits and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 1025 pages. Available in PDF, EPUB and Kindle. Book excerpt: Acclaim for the first edition: ïThis is a very important and immense book. . . The Elgar Encyclopedia of Comparative Law is a treasure-trove of honed knowledge of the laws of many countries. It is a reference book for dipping into, time and time again. It is worth every penny and there is not another as comprehensive in its coverage as ElgarÍs. I highly recommend the Elgar Encyclopedia of Comparative Law to all English chambers. This is a very important book that should be sitting in every university law school library.Í _ Sally Ramage, The Criminal Lawyer Containing newly updated versions of existing entries and adding several important new entries, this second edition of the Elgar Encyclopedia of Comparative Law takes stock of present-day comparative law scholarship. Written by leading authorities in their respective fields, the contributions in this accessible book cover and combine not only questions regarding the methodology of comparative law, but also specific areas of law (such as administrative law and criminal law) and specific topics (such as accident compensation and consideration). In addition, the Encyclopedia contains reports on a selected set of countriesÍ legal systems and, as a whole, presents an overview of the current state of affairs. Providing its readers with a unique point of reference, as well as stimulus for further research, this volume is an indispensable tool for anyone interested in comparative law, especially academics, students and practitioners.
