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 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 Waste written by Peter von Wilmowsky and published by . This book was released on 1991 with total page 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 64 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 Responsibility and Liability in the Context of Transboundary Movements of Hazardous Wastes by Sea written by Jan Albers and published by Springer. This book was released on 2014-09-25 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: The term “hazardous wastes” covers a wide range of disused products and production wastes generated not only in industrial sectors, but also in all areas of everyday life. Hazardous wastes are to a large extent shipped by sea to third countries for recycling or disposal. While the procedural requirements for such movements are laid out in the 1989 Basel Convention, explicit rules of responsibility and liability for resulting damages are neither provided by the Basel Convention nor by other international conventions. The Liability Protocol to the Basel Convention of 1999 has not yet entered into force. This book examines the existing rules of responsibility and liability applying to States and private persons and outlines the conditions under which liability may be incurred. Subsequently, the advantages and shortcomings of the 1999 Liability Protocol are analyzed. Although this Protocol faces substantial political headwind, from a legal perspective it includes principally useful and reasonable approaches and should therefore be ratified.
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 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 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 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 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 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 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 Environmental Liability and Real Property Transactions written by Joel S. Moskowitz and published by Wolters Kluwer. This book was released on 1995-01-01 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt: Environmental Liability and Real Property Transactions is a must-have guide to managing risk of environment liabilities in real property transactions. It gives you excellent advice on how to conduct due diligence, hire experts, and discover tell-tale signs of environmental trouble. You'll find in-depth coverage of liability defenses, how to limit environmental exposure, and how to manage contaminated property. New sections include information on electromagnetic fields, lead and radon, liability of trustees, and a discussion of different types of insurance. The book also features numerous forms, checklists, and practice pointers.
Download or read book The European Community s Amended Proposal for a Council Directive on Civil Liability for Damage Caused by Waste written by Allen M. Sowle (Jr.) and published by . This book was released on 1990* with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Scots Law and the Environment written by Brodies (Firm). Environmental Law Group and published by Burns & Oates. This book was released on 1992 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Hazardous Waste Regulations written by W. Alfred Mukatis and published by . This book was released on 1989 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt:
