Download or read book Pollution Insurance International Survey of Coverages and Exclusions written by Werner Pfenningstorf and published by Springer. This book was released on 1993-11-18 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using research undertaken by a working party of AIDA, this work measures the progress made in defining and differentiating insurance coverage for the risk of liability for damage caused by environmental pollution. Policy clauses, endorsements and special forms used in 20 countries are analyzed and compared to identify the best method of distinguishing reliably between elements of pollution risk that can be included in standard coverages and those elements that are incalculable and unmanageable with conventional insurance tools.
Download or read book International Documents on Environmental Liability written by Hannes Descamps and published by Springer Science & Business Media. This book was released on 2008-05-26 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Documents on Environmental Liability brings together 30 official full-text documents in the field of international environmental liability into an easily accessible, practical handbook; details the work of the International Law Commission on this topic; and provides the latest versions of international liability conventions and their statuses – including the latest on: (1) 2003 UNECE Kyiv Liability Protocol; (2) 2004 EC Directive on Environmental Liability; (3) 2005 Antartica Liability Annex. The authors’ combined capacity as an academic, policy advisor, and practitioner have helped bring forth a publication that reflects their experience of being involved in the development, negotiations and implementation of environmental liability regimes at both an international and European level.
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 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 The Codification of Environmental Law Proceedings of the International Conference in Ghent February 21 and 22 1995 written by H. Brocken and published by Kluwer Law International B.V.. This book was released on 1996-04-26 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Conference on Codification of Environmental Law was organised on the occasion of the presentation of the Draft Decree on Environmental Policy to the Flemish government. The Draft Decree was prepared by the Interuniversity Commission for the Revision of Environmental Law in the Flemish Region. It codifies and revises environmental protection law and has, to a large extent, been influenced by EC Law. The conference provided a forum for the analysis of experiences and plans for codification in a number of EC Member States, the role of international law in the codification process and the essential procedural and substantive difficulties to be dealt with in codifying national environmental law. This book will be published in conjunction with the English version of the Draft Decree and its detailed analysis, a publication which has been sponsored by the Flemish government.
Download or read book International Law and the Conservation of Biological Diversity written by Michael Bowman and published by Kluwer Law International B.V.. This book was released on 1996-01-10 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work presents a thorough analysis of the biodiversity concept in international law and commentary on the 1992 United Nations Convention on Biological Diversity which was opened for signature following the 1992 UN Conference on Environment and Development. This Convention is the first international treaty explicitly to address all aspects of biodiversity ranging from the conservation and sustainable use of biological resources, to access to biotechnology and the safety of activities related to modified living organisms. The work extends beyond the ambit of the Convention itself to examine the conservation of biodiversity in international law generally, including measures for the protection of the terrestrial, marine and Antarctic environment and particular features relating to sustainable use of biological resources, ex-situ conservation and plant genetic resources. It further analyses the controversial issue of intellectual property rights, the problems of implementation in the European Union and the United States, differences between developing and developed states and the role of indigenous peoples. This major new work has been written by members of the Committee on Environmental Law of the British Branch of the International Law Association following an earlier study on the subject of International Law and Global Climate Change (Graham & Trotman, 1991). It is the first major study of the Convention of the context in which it was negotiated, and of the prospects for its implementation, following the entry into force of the Convention on 29 December 1993.
Download or read book The Scarcity of Water Emerging Legal and Policy Responses written by Edward Brans and published by Kluwer Law International B.V.. This book was released on 1997-05-14 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: The threat of water scarcity touches human populations and ecosystems worldwide. This work overviews the various legal responses to conflicts involving water as a resource. It addresses the continuous development of water law in the face of new water shortage scares. The distinguished team of contributors analyses the nature of the problem, international water law, legal and policy responses to water scarcity in selected regions, and the emergence of a new body of economic water law. Contributing experts in the field of water law and policy reveal the diverse and dynamic development of water law and the interaction between the legal and policy responses at the international, regional, and national levels. A result of the conference `Scarcity of Water, International, European and National Legal Aspects' held at the Faculty of Law of the Erasmus University, Rotterdam in October 1995, this book also contains a selection of papers presented at the conference.
Download or read book Care Without Coverage written by Institute of Medicine and published by National Academies Press. This book was released on 2002-06-20 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many Americans believe that people who lack health insurance somehow get the care they really need. Care Without Coverage examines the real consequences for adults who lack health insurance. The study presents findings in the areas of prevention and screening, cancer, chronic illness, hospital-based care, and general health status. The committee looked at the consequences of being uninsured for people suffering from cancer, diabetes, HIV infection and AIDS, heart and kidney disease, mental illness, traumatic injuries, and heart attacks. It focused on the roughly 30 million-one in seven-working-age Americans without health insurance. This group does not include the population over 65 that is covered by Medicare or the nearly 10 million children who are uninsured in this country. The main findings of the report are that working-age Americans without health insurance are more likely to receive too little medical care and receive it too late; be sicker and die sooner; and receive poorer care when they are in the hospital, even for acute situations like a motor vehicle crash.
Download or read book Environmental Liability and Insurance Recovery written by David L. Guevara and published by American Bar Association. This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Environmental Liability and Insurance Recovery is for the lawyer whose practice lies at the point where two areas of the legal profession - environmental law and insurance law - intersect. These areas of the law demand the mastery of an intricately involved set of concepts, definitions, rules, and regulations - all of which are continuously developing. Insightful clarification on the topic is provided, as well as subset of the legal issues at the crossroads of environmental law and insurance law, namely, the many ways in which a party may be exposed to environmental liability and how insurance coverage may provide financial support for such liability. Topics covered include: -Statutory Liability, related to: CERCLA, the Resource Conservation & Recovery Act, clean air and clean water acts -Tort Liability including nuisance, trespass, negligence, and strict liability -The General Liability Policy -Policy exclusions and defenses to coverage -Environmental impairment liability insurance
Download or read book Maastricht Journal of European and Comparative Law written by and published by . This book was released on 2002 with total page 952 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Pollution from Offshore Installations written by Maria Gavouneli and published by Springer. This book was released on 1995-03-15 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the present state of affairs regarding the legal rules for the control of pollution caused by activities related to offshore installations. It is a comprehensive treatise on the legal regime of such activities and their repercussions for the environment, discussed within the framework of general international environmental law. As such it is of great value to environmental lawyers, and particularly to legal practitioners and experts in the offshore industry, as it analyses all the latest international and domestic regulations and contractual provisions regarding offshore activities, including the removal of abandoned structures.
Download or read book Transition and Sustainability Actors and Interests in Eastern European Environmental Policies written by Bernd Baumgartl and published by Springer. This book was released on 1997-07-07 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study links two major themes in European Social Science in the 1990s: The transition of Eastern Europe And The question of sustainable development. Are environmental difficulties in this time and place just a component of European transitional difficulties generally? Or, conversely, are European transitional difficulties themselves a product of environmental problems? This work analyses both views with an interdisciplinary approach and argues that sustainable development takes on a specific meaning in the context of transition. Transition and Sustainability documents the history of environmental policy in Bulgaria based on both western and eastern sources, identifying the relevant actors For The Eastern European environment and their interests. While recognising the dominance of non-environmental issues like the emergence of parties, privatisation or restitution of property, and economic restraints on Europe during post-Communist transition, The text proposes that concrete policy recommendations may result in sustainable development for transitioning economies.
Download or read book International Environmental Risk Management written by John Voorhees and published by Routledge. This book was released on 2018-05-02 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Environmental Risk Management: ISO 14000 and the Systems Approach gives readers an extensive analysis of practical applications of ISO 14000 and environmental compliance management systems. It offers a mixture of technical engineering advice, legal guidance, and common-sense business acumen. The authors explain the essentials of the standards - how they are being developed and what implications they present - and then discuss cost-benefit analyses, integration strategies, business risk control measures, litigation avoidance and legal expense reduction, and step-by-step guidance on achieving third-party certification.
Download or read book Participation in World Treaties on the Protection of the Environment A Collection of Data written by Maria Clara Maffei and published by Springer. This book was released on 1996-03-11 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an exercise in the law of treaties, focusing on treaties For The protection of the environment. The texts of the relevant instruments are not reproduced since much of the work is devoted To The legal formalities, such as the dates of ratification, The territorial extensions, The subtle wordings of declarations and reservations, etc. The book does not encompass all the multilateral treaties relating to protection of the environment; rather, it includes data only on those instruments that have a world-wide scope, either in terms of their sphere of territorial application or because of the universal character of the objectives they foster. A few geographically restricted treaties have nevertheless been included For The bearing they have on global environmental protection.
Download or read book The Australasian Journal of Natural Resources Law and Policy written by and published by . This book was released on 1994 with total page 1020 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book American Environmental Liability Risks written by James O'Reilly and published by Springer. This book was released on 1995-01-17 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This work gives a comprehensive analysis of the environmental aspects of the decision about whether to invest capital in the industrial sites or in product exports, and where in the United States. The risk of penalties for non-compliance with the rapidly growing body of environmental laws and regulations, are ever-increasing. The aim of this volume is to inform legal practitioners and their clients on the environmental liabilities and risks, and the means of dealing with the US regulators and legislators. Where appropriate, a brief comparative analysis with European Union legislation and initiatives is also included. Separate chapters address the choices of development of a new site, acquisition of an operational business, the management of environmental obligations of a site, exporting of products into the United States, lending capital to the US site developer and writing insurance upon environmentally-related risks. The book also includes a resources section providing the legal resource materials and a glossary of terms."--Jacket.
Download or read book International Environmental Risk Management written by Robert A. Woellner and published by CRC Press. This book was released on 2020-08-13 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on the first edition with extensive analysis of practical applications of environmental risk management and compliance management systems, this second edition of International Environmental Risk Management reflects updates made in the understanding and application of risk management best practices and makes available a frame of reference and systematic approach to environmental and social governance (ESG). It provides a pathway for readers to implement environmental management strategies that can be integrated with core operations and other risk management efforts, including supporting sustainability and corporate social responsibility initiatives associated with climate change, the circular economy or supply chain conditions, as well as enterprise risk management; anti-bribery, and other compliance management systems. This book provides in-depth discussions of ways to use global environmental management standards. New features in this edition: Combines EMS standards with discussion of specific principles, other authors’ research, and guidelines on management practices. Provides guidelines on how to prepare for, anticipate, and resolve environmental issues. Includes easily understandable information for all readers and is not simply aimed toward individuals who are knowledgeable about this topic. Provides in-depth discussions on using global environmental management standards to manage risk and promote resilience, as well as legal strategies and voluntary initiatives that companies can utilize to minimize risk. Accounts for the substantive revisions in ISO 14001:2015. As a growing and rapidly changing field, it is necessary to address new issues, guidelines, and regulations to assist businesses, academia, students, consultants, lawyers, and environmental managers with a pragmatic resolution to environmental risk management issues. This second edition gives a broad and detailed analysis of the changes made to international standards and practices and serves as an excellent guide to managing environmental risk.
