Download or read book The Environmental Liability Directive and Liability of Parent Companies for Damage Caused by Their Subsidiaries Enterprise Liability written by Lucas Bergkamp and published by . This book was released on 2017 with total page 9 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article discusses whether parent companies can, and, in light of opportunities for regulatory evasion and developments in corporate group liability, should be held liable under the ELD for environmental damage caused by their subsidiaries. Depending on the facts, a parent company could qualify as an operator of its subsidiary's activities, but an extensive application of the operator definition to parent companies could have adverse effects on corporate risk management. Parent company liability could also be viewed as a remedy for the lack of mandatory financial security, but would not appear to meet a clear need and is unlikely to be the preferred policy option. Trends in corporate liability, however, may result in broader exposure of parent companies under the ELD. Outside the realm of the ELD, current developments and new thinking on corporate groups and supply chain liability may also exercise an influence on the way courts construe the ELD or other laws applicable to environmental damage. Several trends may join forces to inspire authorities to adopt creative approaches to construing and applying the ELD. First, the concept of limited liability is being questioned, either in general or as applied to corporate groups. Theories of enterprise liability or efficient investor liability are, to varying degrees, inconsistent with limited liability. Second, under the theory of corporate social responsibility, corporations are believed to have obligations towards society and the environment beyond their legal obligations. These moral obligations could easily become legal obligations once a sufficiently egregious case presents itself. Third, under the theory of supply chain responsibility, corporations increasingly have obligations towards their suppliers, customers, and business partners. Such responsibility may ground liability if damage arises and deep pockets are required to remedy the damage.Thus, even if the ELD remains unchanged, developments in corporate group liability in general may exercise influence on the way the ELD or related laws applying to environmental damage are construed. In the hands of authorities and courts deeply concerned about the deteriorating environment, the ELD's limited scope might prove to be a weak barrier against the incoming tide of expanded corporate and supply chain liability.
Download or read book The EU Environmental Liability Directive written by Lucas Bergkamp and published by Oxford University Press. This book was released on 2013-03-14 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2004 Environmental Liability Directive (ELD) created a legal regime for the restoration of environmental damage that was novel to all EU Member States. This is the first book to provide a comprehensive commentary on legal issues arising under the ELD as well as guidance on interpreting and applying the ELD.
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 280 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 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 Liability of Corporate Groups and Networks written by Christian A. Witting and published by Cambridge University Press. This book was released on 2018-01-11 with total page 502 pages. Available in PDF, EPUB and Kindle. Book excerpt: What happens when a corporate subsidiary or network company is unable to pay personal injury victims in full? This book sets out to tackle the 'insolvent entity problem', especially as it arises in cases of mass wrongdoing such as those involving asbestos exposure and defective pharmaceuticals. After discussing the nature of corporate groups and networks from the perspectives of business history, organisation studies, and social theory, the book assesses a range of rules and proposed rules for extending liability for personal injuries beyond insolvent entities. New proposals are put for an exception to the rule of limited liability and for the development of a flexible new tort based on conspiracy that encompasses not only control-based relationships but also horizontal coordination between companies. The book concludes with a general discussion of lessons learned from debates about extended liability and provides guidelines for the development of new liability rules.
Download or read book Parent Company Responsibility for Environmental Liability of Subsidiaries written by William L. Jennings and published by . This book was released on 1991 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book White Paper on Environmental Liability written by and published by . This book was released on 2000 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Intragroup Environmental Liability in a Comparative Perspective written by Fernanda de Albuquerque Maranhão Burle and published by . This book was released on 2007 with total page 66 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Equivalency Methods for Environmental Liability written by Joshua Lipton and published by Springer. This book was released on 2018-02-12 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book is the only technical volume that explains how equivalency analysis methods mentioned in Annex II of the European Environmental Liability Directive should be implemented. It uses case studies to illustrate real-world application of the methods, which are based on the experience in the USA and in the European Union and have been tested in three years of training programs funded by the European Commission. Academically rigorous and technically comprehensive, the book is intended for technical experts wanting to assess damage and remediation options as well as for decision-makers wishing to commission such assessments and judge their quality. These include competent authorities, operators, financial security providers, academics, consultants and NGOs.
Download or read book Corporate Liability for Transboundary Environmental Harm written by Peter Gailhofer and published by Springer Nature. This book was released on 2022-11-14 with total page 654 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book aims to elaborate on the legal prerequisites to establish the liability of corporations for transboundary environmental harm, not only by identifying existing liability rules, principles and standards but also by analysing their potential for further legal development. The authors consider international and transboundary liability law to currently be an underutilised tool for international environmental protection. The book seeks to address this by exploring what is needed in terms of legislative action and identifying options for judicial pliability, thereby providing an important legal contribution in furthering the development of an effective international and transnational environmental liability law regime.
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 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 Law of Environmental Damage written by Marie-Louise Larsson and published by Martinus Nijhoff Publishers. This book was released on 1999-03-02 with total page 696 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 Environmental Liability Directive written by European Commission. Directorate-General for the Environment and published by . This book was released on 2013 with total page 4 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Related Party Transactions and Corporate Groups written by Ivan Romashchenko and published by Kluwer Law International B.V.. This book was released on 2020-03-06 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a market environment where economic actors conduct themselves as diligent and conscientious managers, the regulation of related party transactions (RPTs) would be largely irrelevant. Unfortunately, the corporate reality is far from an ideal world that is innocent of market abuse and corporate fraud. It remains necessary to protect minority shareholders from the wrongdoings of majority shareholders and to protect all shareholders from opportunistic managerial behaviour. This timely book – the first on the subject since implementation of the European Union’s (EU’s) revised Shareholders’ Rights Directive – provides in-depth analysis of how and to what extent RPTs are covered by existing legal requirements on capital protection and corporate group regulation, highlighting experiences and strategies adopted in Germany, Poland, and the Netherlands as examples for Eastern European countries and in particular Ukraine. Beyond his comparative analysis of the current status, the author offers recommendations for more effective handling of RPTs, investigating such aspects as the following: what constitutes a corporate group and how group issues are regulated in the various legal systems; what constitutes a conflict of interest originating in ownership and control and what types of such conflicts occur; whether RPTs within corporate groups should receive special treatment relative to transactions outside groups; combatting corporate raiding, most often carried out through illegal seizure of corporate assets; approval and disclosure requirements for RPTs; and how information about RPTs is disclosed publicly. Drawing on resources including legislation, case law, scholarship, and intensive discussions with practicing lawyers from several jurisdictions, the author underscores the imperative of establishing limitations and requirements that oblige a company’s officers, shareholders, and other potential related parties to follow certain rules whenever they wish to enter into an RPT. As a contribution to the debate about the convergence between EU corporate law and that of major eastern European states, the book has no peers. Practitioners in both East and West who advise on compliance with regulations for RPTs or represent stakeholders’ interests against abusive RPTs will ensure appropriate remedies and protection mechanisms for their clients.
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 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.
