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 Environmental Damage and Liability Problems in a Multilevel Context written by Sandra Cassotta and published by Kluwer Law International B.V.. This book was released on 2012-03-23 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is a growing interest at different decision-making levels (EU, international and national) in using liability as an element in solving the legal problems of environmental harm. The interest is founded on the necessity to take into account of complex inter-dependencies and interrelationships between the environmental media at global, regional and national levels. In an effort to implement the aims of sustainable development, new views of the traditional liability instrument have to be applied. The book focuses on the Environmental Liability Directive 2004/35/EC (the so-called “ELD”) on the prevention and remedying of environmental damage, and evaluates as to whether the ELD has achieved its goals and maintained its ambitions in terms of environmental protection, and what the optimal level of harmonization in terms of environmental protection is. In order to address the question of research of this book, an interdisciplinary framework of analysis and methodology combining political science and law are developed. Since environmental damage is a multidimensional and multidisciplinary problem, par excellence, a multidisciplinary approach is required. Consequently, the use of a multidisciplinary method, combining together in a systematic and rigorous fashion, law, political science, technical elements of economy, insurance law and natural science, is, in the research design of this study, necessary, in a view of tackling the topic in a scientific problem solving-oriented approach. The book draws the overall conclusions by suggesting proposals for amendments and recommendations to be utilized for possible redrafting of the ELD’s provisions for the time when the ELD will be object of a procedure of revision. This book will be of interest to practitioners in EU law and EU Environmental law, international environmental law, legal experts on the law of environmental liability, specialists within international organizations but also by political scientists, economists, insurance law specialists, and natural scientists.
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 Non contractual Liability Arising Out of Damage Caused to Another written by Christian von Bar and published by sellier. european law publ.. This book was released on 2009 with total page 1441 pages. Available in PDF, EPUB and Kindle. Book excerpt: In European law, "non-contractual liability arising out of damage caused to another" is one of the three main non-contractual obligations dealt with in the Draft of a Common Frame of Reference. The law of non-contractual liability arising out of damage caused to another - in the common law known as tort law or the law of torts, but in most other jurisdictions referred to as the law of delict - is the area of law which determines whether one who has suffered a damage, can on that account demand reparation - in money or in kind - from another with whom there may be no other legal connection than the causation of damage itself. Besides determining the scope and extent of responsibility for dangers of one's own or another's creation, this field of law serves to protect fundamental rights in the private law domain, that is to say horizontally between citizens inter se. Based on pan-European comparative research which annotates the work, this book presents model rules on liability. Explanatory comments and illustrations amplify the policy decisions involved. During the drafting process, comparative material from over 25 different EU jurisdictions has been taken into account. The work therefore is not only a presentation of a future model for European rules to come, but also provides a fairly detailed indication of the present legal situation in the Member States.
Download or read book EU Environmental Law International Environmental Law and Human Rights Law written by Armelle Gouritin and published by BRILL. This book was released on 2016-01-12 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: In EU Environmental Law, International Environmental Law, and Human Rights Law: The Case of Environmental Responsibility, Armelle Gouritin offers a critical appraisal of EU environmental responsibility law and asserts a new rights-based approach to international environmental law. This book addresses environmental damage, environmental harm, the grounds for environmental responsibility and the exceptions to the responsibility principle. A critical appraisal of EU Directives 2004/35 and 2008/99 is complemented by an analysis of the input of the European Court on Human Rights and international environmental law with a view to filling the gaps identified in the Directives. Gouritin offers a full analysis of the potential and limits of the rights-based approach applied to environmental responsibility.
Download or read book EU Environmental Law and the Internal Market written by Nicolas de Sadeleer and published by OUP Oxford. This book was released on 2014-01-09 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt: For some, a protectionist policy underlies most environmental measures. Lawyers working in the area of fundamental freedoms are very accustomed to discussing all issues within a free market framework and therefore often come to market-friendly decisions. Similarly, while environmental law has taken on a renewed intensity at European level, the tendency has been to analyse the subject rather narrowly, and studies fail to address the impact of environmental law on market integration. Written by one of the foremost experts in the area, the book challenges current thought and re-assesses the rules of economic integration within an environmental framework. In so doing, it bridges the gap between environmental and trade law and provides a systematic, robust, and practically workable analytical framework of the conflicts opposing rapidly evolving environmental and climate change measures and internal market as well as competition rules. The book is divided into three parts, beginning with a systematic and in-depth analysis of the key Treaty provisions regarding environmental protection, as well as an overview of secondary environmental law. Part two addresses the compatibility of EU and national environmental protection measures with the provisions of the TFEU on the free movement of goods and services, and the freedom of establishment. Part three examines the compatibility of environmental protection measures with treaty provisions on the freedom of competition and State aids. The book also includes discussion of all major cases handed down by the Court of Justice, highlighting the real impact of the conflicts.
Download or read book Droits de l investisseur tranger et protection de l environnement written by Sabrina Robert-Cuendet and published by BRILL. This book was released on 2010-05-12 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt: En droit international de l’investissement, le prisme de l’expropriation indirecte couvre une large catégorie de mesures – telles que les réglementations – qui n’impliquent pas de transfert de propriété mais aboutissent à une grave interférence avec un investissement. La définition des dépossessions indemnisables constitue une question extrêmement sensible, située à la croisée des chemins entre la protection des droits des investisseurs et la préservation des prérogatives de l’Etat. Cet ouvrage explore, à travers l’exemple de la réglementation environnementale, le droit applicable à cette notion controversée. Il montre que l’approche traditionnelle – reposant sur une dilution du concept d’expropriation – n’est nullement appropriée et il contribue à clarifier l’étendue de la protection de l’investisseur sur le fondement du droit de la responsabilité internationale de l’Etat. In international investment law, the prism of indirect expropriation includes a broad range of measures – such as regulatory measures – which do not involve a transfer of property but result in a serious interference with an investment. The definition of compensable taking is a very sensitive issue situated at the crossroads between the protection of investors' private rights and the safeguarding of the state's sovereign prerogatives. This book explores, through the example of environmental regulation, the law applicable to this controversial topic. It suggests that the traditional approach – based on an extension of the concept of expropriation – is inappropriate and it contributes to clarifying the scope of the international protection of the investor on the ground of the law of state responsibility.
Download or read book Encyclopedic Dictionary of Landscape and Urban Planning written by Klaus-Jürgen Evert and published by Springer Science & Business Media. This book was released on 2010-05-21 with total page 1548 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique, multilingual, encyclopedic dictionary in two volumes covers terms regularly used in landscape and urban planning, as well as environmental protection. The languages are American and British English, Spanish (with many Latin-American equivalents), French, and German. The encyclopedia also provides various interpretations of the terms at the planning, legal or technical level, which make its meaning more precise and its usage clearer.
Download or read book Annuaire Europeen 2000 European Yearbook 2000 written by Francis Rosensteil and published by Martinus Nijhoff Publishers. This book was released on 2001-07-01 with total page 1154 pages. Available in PDF, EPUB and Kindle. Book excerpt: The year 2000's most significant international event was, almost certainly, neither political nor military, but scientific - the announcement, in June, that the human genome had been almost totally decoded. Future generations may well see this as a major turning point, opening the way to radical changes in diagnosis, prognosis, and medical treatment. Often compared with the space programme, this vast enterprise still generates misgivings: this new power, which human beings now have, to modify the genetic heritage of living creatures raises fundamentally new ethical questions - and society as a whole will have to find the answers. In fact, the accelerating pace of scientific and technical progress seems to be reviving atavistic anxieties, some rational, others less so. Recent public-health crises, including the mad cow disease' scare, which lasted into 2000, have fuelled these fears. The public's rejection of GMOs (Genetically Modified Organisms) - verging on a crusade in some countries - tells its own story. As regards conflict, 2000 saw the Middle East peace process grind to a halt, and the Intifada resume. In Europe, the situation in Kosovo and Chechnya, both the scenes of fighting in 1999, stayed precarious. Peace and democracy did score some successes, however, particularly in Europe: the centre-left's victory in Croatia, sweeping former President Tudjman's party off the scene, the democratic party's triumph in Bosnia, and the fall of the Milosevic regime in Serbia.
Download or read book La pollution des sols written by Françoise Nési and published by Emile Bruylant. This book was released on 2010 with total page 572 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Influence of Human Rights and Basic Rights in Private Law written by Verica Trstenjak and published by Springer. This book was released on 2015-12-16 with total page 596 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comparative perspective on one of the most intriguing developments in law: the influence of basic rights and human rights in private law. It analyzes the application of basic rights and human rights, which are traditionally understood as public law rights, in private law, and discusses the related spillover effects and changing perspectives in legal doctrine and practice. It provides examples where basic rights and human rights influence judicial reasoning and lead to changes of legislation in contract law, tort law, property law, family law, and copyright law. Providing both context and background analysis for any critical examination of the horizontal effect of fundamental rights in private law, the book contributes to the current debate on an important issue that deserves the attention of legal practitioners, scholars, judges and others involved in the developments in a variety of the world’s jurisdictions. This book is based on the General Report and national reports commissioned by the International Academy of Comparative Law and written for the XIXth International Congress of Comparative Law in Vienna, Austria, in the summer of 2014.
Download or read book European Precautionary Practice written by and published by . This book was released on 2004 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Biodiversity and Climate Change written by Frank Maes and published by Edward Elgar Publishing. This book was released on 2013-09-30 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt: ŠToday, climate change is already highly impacting on biodiversity. This adds to existing stress on biodiversity. Current extinction rates are unprecedented in history. This book addresses the many legal issues involved from a variety of perspectives b
Download or read book Marine Productivity Perturbations and Resilience of Socio ecosystems written by Hubert-Jean Ceccaldi and published by Springer. This book was released on 2015-03-11 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 15th Franco-Japanese Symposium of Oceanography “Marine Productivity, Perturbations and Resilience of Socio-Ecosystems,” organized by the long-standing partners Société franco-japonaise d'Océanographie de France and Société franco-japonaise d'Océanographie du Japon, reviewed the impacts of natural (storms, typhoons, earthquakes, tsunamis, etc.) and man-made (pollution, buildings in coastal areas, aquaculture, tourism, sports, diving, etc.) perturbations inflicted on coastal and marine environments. The Symposium examined the resilience of affected socio-ecosystems along with governance responses for these global/local environments. This book collects 43 selected papers, written by experts from numerous universities and research institutes in both countries. It addresses the needs of marine sciences researchers (natural and social sciences), decision-makers and coastal zone managers, and other stakeholders involved in coastal and marine socio-ecosystems.
Download or read book Ottawa Law Review written by and published by . This book was released on 2010 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book SCAD Bulletin written by and published by . This book was released on 1999 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt:
