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.
Download or read book Environmental Loss and Damage in a Comparative Law Perspective written by Barbara Pozzo and published by . This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book analyzes the regulation of environmental loss and damage. It does so from a comparative and interdisciplinary perspective, examining both public and private law aspects. It delves into conceptual and specific legal issues concerning liability, compensation and restoration of damage in different sectors and jurisdictions, as well as taking into account the contributions of economic analysis in this field of regulation. Specific attention has been devoted to the role that liability and insurance may play in terms of mitigation and adaptation to climate change, as well as the prevention of damage from natural hazards. The scope of analysis encompasses national as well as supranational and international regimes. In particular, there are two interrelated and very promising developments in the evolving understandings in this field that merit special focus: possible legal transplants and "cross-fertilization" between legal systems, on the one hand; and the current dialectic between global and local law in the environmental field, on the other."-- Page 4 de la couverture.
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 Loss and Damage from Climate Change written by Reinhard Mechler and published by Springer. This book was released on 2018-11-28 with total page 557 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an authoritative insight on the Loss and Damage discourse by highlighting state-of-the-art research and policy linked to this discourse and articulating its multiple concepts, principles and methods. Written by leading researchers and practitioners, it identifies practical and evidence-based policy options to inform the discourse and climate negotiations. With climate-related risks on the rise and impacts being felt around the globe has come the recognition that climate mitigation and adaptation may not be enough to manage the effects from anthropogenic climate change. This recognition led to the creation of the Warsaw International Mechanism on Loss and Damage in 2013, a climate policy mechanism dedicated to dealing with climate-related effects in highly vulnerable countries that face severe constraints and limits to adaptation. Endorsed in 2015 by the Paris Agreement and effectively considered a third pillar of international climate policy, debate and research on Loss and Damage continues to gain enormous traction. Yet, concepts, methods and tools as well as directions for policy and implementation have remained contested and vague. Suitable for researchers, policy-advisors, practitioners and the interested public, the book furthermore: • discusses the political, legal, economic and institutional dimensions of the issue• highlights normative questions central to the discourse • provides a focus on climate risks and climate risk management. • presents salient case studies from around the world.
Download or read book Environmental Loss Damage Comparative written by Jacometti POZZO and published by Intersentia. This book was released on 2021-01-13 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes the regulation of environmental loss and damage. It does so from a comparative and interdisciplinary perspective, examining both public and private law aspects. It delves into conceptual and specific legal issues concerning liability, compensation and restoration of damage in different sectors and jurisdictions, as well as taking into account the contributions of economic analysis in this field of regulation.Specific attention has been devoted to the role that liability and insurance may play in terms of mitigation and adaptation to climate change, as well as the prevention of damage from natural hazards. The scope of analysis encompasses national as well as supranational and international regimes. In particular, there are two interrelated and very promising developments in the evolving understandings in this field that merit special focus: possible legal transplants and ''cross-fertilization'' between legal systems, on the one hand; and the current dialectic between global and local law in the environmental field, on the other.
Download or read book Civil Liability for Environmental Damage written by Mark Wilde and published by . This book was released on 2013 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 Compensation for Environmental Damage Under International Law written by Jason Rudall and published by Routledge. This book was released on 2020-01-14 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: Inspired by recent litigation, this book identifies and critically appraises the manifold and varied approaches to calculating compensation for damage caused to the environment. It examines a wide range of practice on compensation – in general and specifically for environmental damage – from that of international courts and tribunals, as well as international commissions and regimes, to municipal approaches and other disciplines such as economics and philosophy. Compensation for Environmental Damage Under International Law synthesises these approaches with a view to identifying their blind spots, bringing clarity to an area where there exists broad discrepancy, and charting best practices that appropriately balance the manifold interests at stake. In particular, it is argued that best practice methodologies should ensure compensation serves to fully repair the environment, reflect the emerging ecosystems approach and any implications environmental damage may have for climate change, as well as take into account relevant equitable considerations. This book is essential reading for academics, practitioners and students working in the field of environmental law.
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 Research Handbook on Climate Change Law and Loss Damage written by Doelle, Meinhard and published by Edward Elgar Publishing. This book was released on 2021-11-17 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely Research Handbook offers an insightful review of how legal systems Ð whether domestic, international or transnational Ð can and should adjust to fairly and effectively support loss and damage (L&D) claims in climate change law.Ê International contributors guide readers through a detailed assessment of the history and current state of L&D provisions under the UN climate regime and consider the opportunities to fund L&D claims both within and outside the UN climate system.Ê
Download or read book Comparative and Global Environmental Law and Policy written by Tseming Yang and published by Aspen Publishing. This book was released on 2019-09-13 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by leading scholars and experts with extensive practice and teaching experience in the field, Comparative and Global Environmental Law and Policy offers a student-friendly approach to the study of a rapidly evolving and important area of law. Its multi-jurisdictional selection of judicial opinions and legal materials introduces students to the worldwide reach of environmental law. Through its substance, the book familiarizes students not only with governing and emerging legal principles but also demonstrates how legal norms are applied to specific issues and contexts, illustrating how law-on-the-books becomes law-in-action. Student understanding is reinforced by problem exercises and discussion questions. Professors and students will benefit from: A multi-jurisdictional selection of environmental law cases and regulatory materials from across the world, with many cases from the developing world and emerging economies. Separate chapters on rapidly evolving and critical topics such as rights of nature, sustainability, corporations and private environmental governance, human rights and the environment, and climate change. Presentation of basic background principles of environmental law, institutions, and governance and their operation in international, national and subnational systems, including indigenous governance systems. Emphasis across the book on issues of institutions and governance as well as enforcement and effectiveness. Judicial opinions providing an authoritative articulation of how legal principles are applied in various systems. Numerous problem exercises and discussion questions to introduce topics and reinforce concepts and materials. Integrated perspective on the relationship of international and transnational environmental law, national environmental law, environmental norms and principles in other settings such as in private environmental governance, and governance institutions.
Download or read book International Climate Change Law written by Daniel Bodansky and published by Oxford University Press. This book was released on 2017-06-08 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This textbook, by three experts in the field, provides a comprehensive overview of international climate change law. Climate change is one of the fundamental challenges facing the world today, and is the cause of significant international concern. In response, states have created an international climate regime. The treaties that comprise the regime - the 1992 United Nations Framework Convention on Climate Change, the 1997 Kyoto Protocol and the 2015 Paris Agreement establish a system of governance to address climate change and its impacts. This book provides a clear analytical guide to the climate regime, as well as other relevant international legal rules. The book begins by locating international climate change law within the broader context of international law and international environmental law. It considers the evolution of the international climate change regime, and the process of law-making that has led to it. It examines the key provisions of the Framework Convention, the Kyoto Protocol and the Paris Agreement. It analyses the principles and obligations that underpin the climate regime, as well as the elaborate institutional and governance architecture that has been created at successive international conferences to develop commitments and promote transparency and compliance. The final two chapters address the polycentric nature of international climate change law, as well as the intersections of international climate change law with other areas of international regulation. This book is an essential introduction to international climate change law for students, scholars and negotiators.
Download or read book International Environmental Law and the Global South written by Shawkat Alam and published by Cambridge University Press. This book was released on 2015-09-17 with total page 657 pages. Available in PDF, EPUB and Kindle. Book excerpt: Situating the global poverty divide as an outgrowth of European imperialism, this book investigates current global divisions on environmental policy.
Download or read book Climate Change written by Oliver Christian Ruppel and published by . This book was released on 2013 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Die zweibändige Buchpublikation ist ein erster akademischer Versuch das internationale Klimaschutzrecht auch im Zusammenhang internationaler Klimapolitik systematisch darzustellen. Internationales Klimaschutzrecht ist nicht nur ein neues Rechtsgebiet. Das Phänomen Klimawandel durchdringt öffentliches und privates Recht sowie nationales und internationales Recht in unterschiedlichster Weise. Hierbei entstehen neue Bereiche der Rechtsanwendung - sowohl formeller als auch materieller Ausprägung. In diesem Zusammenhang befasst sich die zweibändige Buchpublikation mit dem regimefragmentierten internationalen Recht und dessen vielfach überlappenden Governance-Rahmen. Gekennzeichnet durch seine Komplexität wird das internationale Klimaschutzrecht und insbesondere die Rechte und Pflichten von Staaten und internationalen Akteuren untersucht und gegenübergestellt. In zahlreichen fachübergreifenden Beiträgen internationaler Experten erörtert das Werk die unterschiedlichen Rechts- und Governance-Regime sowie angrenzende völkerrechtliche und weltpolitische Fragestellungen den Klimawandel betreffend.Der erste Band befasst sich mit internationalen Rechtsfragen und den zugrunde liegenden Rechtsinstrumenten, welche den Klimawandel - eine der größten Herausforderungen unserer Zeit - betreffen. Dabei werden u.a. folgende Schwerpunkte gesetzt: Internationaler Klimaschutz und Völkerrecht; Klimawandel und Menschenrechte; verwandte welthandelsrechtliche Fragestellungen; Seerecht und der Anstieg der Meeresspiegel; gerichtliche Überprüfbarkeit und zahlreiche angrenzende Rechtsfragen wie zum Beispiel zu folgenden Themen: Klimaeindämmungsmaßnahmen, natürliches Ressourcen-Management und Klima-Engineering.Der zweite Band beleuchtet, ausgehend von dem Rahmenübereinkommen der Vereinten Nationen über Klimaänderungen, rechtliche, politische und transdisziplinäre Fragestellungen des Klimaschutzes im Spannungsgefüge internationaler Diplomatie und globaler Governance. Die Begrenzung der fortschreitenden Erderwärmung und der Schutz von Mensch und Umwelt vor den Folgen des Klimawandels werden u.a. im Zusammenhang folgender rechtlicher und gesellschaftspolitischer Schwerpunkte untersucht: Internationale Sicherheit; nachhaltige Entwicklung; Klimamigration; und Anpassung an den Klimawandel.
Download or read book Environmental Liability and the Interplay between EU Law and International Law written by Emanuela Orlando and published by Routledge. This book was released on 2023-07-24 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: The role of law in responding to global environmental problems and the interplay between different levels of regulation and governance is becoming increasingly relevant in the field of liability and reparation for environmental damage. This book examines the relationship and reciprocal influences between the EU and the international legal order in a multilevel and comparative perspective, in relation to the ongoing efforts to elaborate effective regimes of liability and reparation for environmental damage. It offers a comparative analysis of legal developments in the field of environmental liability within the EU and at the international law level and addresses questions concerning the impact of such interaction on the development, implementation and enforcement of appropriate responses to environmental damage within the respective legal orders and on a global level. Given the book’s focus and the transnational legal dimension of the issues covered, this volume will be of great interest to legal academics and researchers working in the environmental law field from an EU law and international law perspective, as well as more generally to scholars interested in the study of the relationship between EU and international law. Outside academia, the book will also be of great interest to practitioners wishing to get insights into the application of the law of environmental liability in the EU and at the international law level.
Download or read book Human Rights and Climate Change written by Siobhan Mcinerney-Lankford and published by World Bank Publications. This book was released on 2011 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Study explores arguments about the impact of climate change on human rights, examining the international legal frameworks governing human rights and climate change and identifying the relevant synergies and tensions between them. It considers arguments about (i) the human rights impacts of climate change at a macro level and how these impacts are spread disparately across countries; (ii) how climate change impacts human rights enjoyment within states and the equity and discrimination dimensions of those disparate impacts; and (iii) the role of international legal frameworks and mechanisms, including human rights instruments, particularly in the context of supporting developing countries’ adaptation efforts. The Study surveys the interface of human rights and climate change from the perspective of public international law. It builds upon the work that has been carried out on this interface by reviewing the legal issues it raises and complementing existing analyses by providing a comprehensive legal overview of the area and a focus on obligations upon States and other actors connected with climate change. The objective has therefore been to contribute to the global debate on climate change and human rights by offering a review of the legal dimensions of this interface as well as a survey of the sources of public international law potentially relevant to climate change and human rights in order to facilitate an understanding of what is meant, in legal terms, by “human rights impacts of climate change” and help identify ways in which international law can respond to this interaction.
Download or read book Sustainable Development International Criminal Justice and Treaty Implementation written by Sébastien Jodoin and published by Cambridge University Press. This book was released on 2013-06-24 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sustainable Development, International Criminal Justice, and Treaty Implementation provides a serious and timely perspective on the relationship between two important and dynamic fields of international law. Comprising chapters written by leading academics and international lawyers, this book examines how the principles and practices of international criminal law and sustainable development can contribute to one another's elaboration, interpretation and implementation. Chapters in the book discuss the potential and limitations of international criminalization as a means for protecting the basic foundations of sustainable development; the role of existing international crimes in penalizing serious forms of economic, social, environmental and cultural harm; the indirect linkages that have developed between sustainable development and various mechanisms of criminal accountability and redress; and innovative proposals to broaden the scope of international criminal justice. With its rigorous and innovative arguments, this book forms a unique and urgent contribution to current debates on the future of global justice and sustainability.
Download or read book Environmental Liability and Ecological Damage In European Law written by Monika Hinteregger and published by Cambridge University Press. This book was released on 2008-07-24 with total page 760 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing a comprehensive analysis of environmental liability law in Europe, this book offers a general introduction to the status of environmental liability in Europe. It describes the relevant international treaties and the EC-Environmental Liability Directive and discusses the conflict of laws issues regarding transfrontier environmental damage. It also contains the results of a comparative project covering 14 jurisdictions in 13 European countries (Austria, Belgium, England and Wales, Finland, France, Germany, Greece, Ireland, Italy, Netherlands, Portugal, Scotland, Spain, Sweden) on the private law aspects of environmental liability. It addresses the main problems of the application of tort law in environmental law, such as the availability of non-fault liability, the establishment of causation, the scope of available remedies and the issue of legal standing. Due to the very limited harmonizing effect of the EC-Environmental Liability Directive national tort law will keep its importance in the field of environmental liability.
