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Book Convention Sur la Responsabilit   Civile Des Dommages R  sultant D activit  s Dangereuses Pour L environnement

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

Book The Convention on Civil Liability for Damages Resulting from Activities Dangerous to the Environment

Download or read book The Convention on Civil Liability for Damages Resulting from Activities Dangerous to the Environment written by M. J. Bowman and published by . This book was released on 1994 with total page 3 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Responses to the Questionnaire on the Convention on Civil Liability for Damage Resulting from Activities Dangerous to the Environment  Lugano Convention

Download or read book Responses to the Questionnaire on the Convention on Civil Liability for Damage Resulting from Activities Dangerous to the Environment Lugano Convention written by UN. ECE. Secretariat and published by . This book was released on 2001 with total page 18 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Explanatory Report on the Convention on Civil Liability for Damage Resulting from Activities Dangerous to the Environment

Download or read book Explanatory Report on the Convention on Civil Liability for Damage Resulting from Activities Dangerous to the Environment written by Council of Europe and published by . This book was released on 1993 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Transboundary Environmental Interference and the Origin of State Liability

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.

Book Liability and Environment

    Book Details:
  • Author : Lucas Bergkamp
  • Publisher : BRILL
  • Release : 2021-12-06
  • ISBN : 900447904X
  • Pages : 734 pages

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.

Book Transboundary Environmental Interference and the Origin of State Liability

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.

Book Liability   Compensation Regimes Relating to Environmental Damage

Download or read book Liability Compensation Regimes Relating to Environmental Damage written by United Nations Environment Programme. Division of Environmental Policy Implementation and published by . This book was released on 2003 with total page 94 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book The Environment  Risk and Liability in International Law

Download or read book The Environment Risk and Liability in International Law written by Julio Barboza and published by BRILL. This book was released on 2010-12-17 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Environment, Risk and Liability in International Law explains the important role liability plays in risk management and environmental protection in the realm of International Law.

Book Environmental Liability in a European Perspective

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.

Book Compensation for Environmental Damages Under International Law

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.

Book Introduction to Environmental Law

Download or read book Introduction to Environmental Law written by Ine Ventyrina, SH., MH. and published by Lulu.com. This book was released on 2017-09-10 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, entitled "Introduction to Environmental Law" has purpose to provide initial previews for the general reader, law scholar or students of faculty of law. The book divides into five chapters introduced general understandings of environmental aspects in legal science.

Book Convention on the Protection of the Environment Through Criminal Law

Download or read book Convention on the Protection of the Environment Through Criminal Law written by Council of Europe and published by Council of Europe. This book was released on 2000-01-01 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt: Protecting the environment from pollution and other risks is now a central concern for citizens and governments. In recent years criminal law has replaced civil and administrative law at the forefront of environmental protection, because of its deterrent effect. This Convention criminalises pollution that causes or may cause serious damage or injuries. As many pollution incidents cross national borders, the Convention also aims at facilitating their investigation and prosecution at the international level. The Convention supplements the Convention on Civil Liability for Damage Resulting from Activities Dangerous to the Environment (Eruopean treaty series 150, 1993, ISBN 9287123209)

Book Environmental Damage in International and Comparative Law

Download or read book Environmental Damage in International and Comparative Law written by Michael Bowman and published by Oxford University Press, USA. This book was released on 2002 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book Documents in International Environmental Law

Download or read book Documents in International Environmental Law written by Philippe Sands and published by Cambridge University Press. This book was released on 2004-05-20 with total page 1342 pages. Available in PDF, EPUB and Kindle. Book excerpt: The companion volume to the second edition of Philippe Sands' Principles of International Environmental Law.