Download or read book Transnational Environmental Liability and Insurance written by Ralph P. Kroner and published by Springer. This book was released on 1993-02-18 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Very Good,No Highlights or Markup,all pages are intact.
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 Climate Change Liability written by Richard Lord and published by Cambridge University Press. This book was released on 2011 with total page 711 pages. Available in PDF, EPUB and Kindle. Book excerpt: "As frustration mounts in some quarters at the perceived inadequacy or speed of international action on climate change, and as the likelihood of significant impacts grows, the focus is increasingly turning to liability for climate change damage. Actual or potential climate change liability implicates a growing range of actors, including governments, industry, businesses, non-governmental organisations, individuals and legal practitioners. Climate Change Liability provides an objective, rigorous and accessible overview of the existing law and the direction it might take in seventeen developed and developing countries and the European Union. In some jurisdictions, the applicable law is less developed and less the subject of current debate. In others, actions for various kinds of climate change liability have already been brought, including high profile cases such as Massachusetts v. EPA in the United States. Each chapter explores the potential for and barriers to climate change liability in private and public 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 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 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 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 Managing Environmental Risks through Insurance written by Katarzyna Malinowska and published by Springer Nature. This book was released on with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 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 Environmental Risk and Insurance written by Chester A. Zagaski and published by CRC Press. This book was released on 1991-10-22 with total page 682 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the only comprehensive text on the increasingly important subject of environmental risk and insurance. The author presents many risk and insurance issues from acid rain and global warming to toxic tort law developments and the crisis with workers' compensation insurance and pollution liability coverage. This volume is the product of nearly eight years of research, which included reviewing over 250,000 pages of laws, documents, reports, and notes, as well as countless hours of investigations, interviews, and research. Basic and advanced environmental liability and insurance principles are covered, along with suggestions for financing pollution cleanups and safety programs. A new method for restructuring and improving Superfund is presented after an in-depth discussion of pertinent legal and financial issues. The book also provides local, national, and international case histories demonstrating the kinds of difficulties encountered by businesses and citizens and the solutions they have sought. All of this information, combined with the valuable charts, appendices, specimens, contracts, sample insurance policies, model letters, and certificates, makes Environmental Risk and Insurance an unmatched reference source for businesses, institutions, and government agencies caught up in the midst of analyzing their environmental risk exposures.
Download or read book Pollution Law and Insurance A Comparison of the Legal Regimes of European States and the U S A written by Anthony Fitzsimmons and published by Springer. This book was released on 1997-11-04 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Pollution does not respect national frontiers. Accidents in one country can cause pollution and economic loss in many others. This proposition forms the seed of one of two studies of the Pollution and Insurance Working Party of the International Insurance Law Association (AIDA) presented in this volume. The contributors analyse matters relating to jurisdiction, applicable law, material law as to bases of liability and locus standi, procedure and enforcement, and disclosure to plaintiffs regarding existing insurance. Pollution incidents often lead to demands for clean-up cost reimbursement. In the field of marine insurance, such expenses are regularly covered as `sue and labour' expenses, though sometimes subject to limits created by indemnity and specific exclusions. The position is far less clear in non-marine insurance. The second study in this book looks at the current practice in countries where salvage costs are treated under binding legal rules, insurance clauses, and by courts and jurisprudence. Through the presentation of the results of these two studies, this book examines issues relating to forum shopping and salvage costs in the field of pollution insurance in a number of jurisdictions worldwide, setting out the numerous complexities and national variations in a clear and concise manner.
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 International Environmental Law written by United Nations. Transnational Corporations and Management Division and published by New York : United Nations. This book was released on 1993 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Policy Issues in Insurance Environmental Risks and Insurance written by and published by OECD. This book was released on 2003-11-21 with total page 98 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the increasing incidence of environmental pollution and soil contamination, to recurring natural disasters, the risks posed by the constant interaction between human activities and the environment are diverse, manifold and often catastrophic in their consequences. Therefore, the elaboration of effective risk-management plans, aimed at formulating viable response strategies, requires the contribution of all the economic actors involved: private parties, financial institutions, governments and international organizations. This report focuses on the role of insurance and reinsurance companies in the management of environmental risks - environmental pollution risk and natural catastrophe risk in particular. It discusses the issue of insurability of such risks, analyses the increasing risk of liability for environmental pollution and the underlying trends in the development of environmental liability regimes in OECD countries. It also presents an overview of the various environmental pollution insurance products and techniques developed in response to legal and factual evolutions. In addition, it describes the special features of natural catastrophe risks, the role of traditional insurance markets in the coverage of such perils, and alternative options of coverage, from governmental disaster schemes to new financial market instruments.
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 Environmental Law Policy written by Ved P. Nanda and published by Brill Nijhoff. This book was released on 1995 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: A significant contribution to the field . . . a welcome addition to the growing literature on international environmental law and an important reference for every scholar, lawyer, and layperson interested in the field. Denver Journal of International Law & Policy, Vol. V Emphasizing the human and societal damage caused by corporate actors, this provocative book analyzes a broad range of regional and global issues, such as air and water quality, marine pollution, climate change, ozone depletion, deforestation, traffic in hazardous waste and chemicals, and loss of biological diversity. The text provides readers with an incisive, integrated approach to the political, economic, scientific, and technological realities that underlie international environmental law and policy. Published under the Transnational Publishers imprint.
