Download or read book The EU Environmental Liability Directive written by Lucas Bergkamp and published by OUP Oxford. This book was released on 2013-03-14 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: Similar to the United States (US) Natural Resource Damage (NRD) program, defined under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or "Superfund") and the Oil Pollution Act (OPA), the European Union's (EU) Environmental Liability Directive (ELD)imposes liability for, and requires remediation of, significant damage to natural habitats and species protected at Community and national levels, surface and ground waters covered by the Water Framework Directive, and land.The ELD was first published in 2004 and has since been transposed into the national laws of all EU Member States. However there is little guidance available to authorities and industry in interpreting and applying the ELD and meeting its prevention and restoration objectives. This volume is the first to describe the EU's ELD and to examine the emerging issues and practices in its application. While there are differences between the US and EU regimes, some of the underlying concepts, approaches and definitions embedded in NRD are also mirrored in the text of the ELD. The book includes a comparison of similarities and differences as well as synergies in practice; hence, this book will be of interest to both US and European readers. The ELD imposes liability for significant damage to natural habitats and species protected at Community and national levels, surface and ground waters covered by the Water Framework Directive, and land. Prior to the ELD's adoption many Member States had programs in place for the restoration of soil and groundwater contamination, but none had a regime for addressing harm to unowned natural resources. This volume presents a comprehensive legal commentary on the legal issues arising under the ELD, as well as an overview of administrative, technical, and legal issues and practices in applying the ELD regimes to cases of actual or threatened environmental damage. In doing so, it discusses both substantive issues and important procedural and process-related issues. Several case studies are presented to illustrate the issues and practical solutions. In addition, emerging best practices relating to practical ELD application are identified and presented. Identifying and discussing a wide range of emerging administrative, technical, and economic practice issues arising under member state legislation transposing and implementing the ELD, this book will be a valuable resource for all those whose work is affected by the ELD.

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 Policy Issues in Insurance Insurance and Expanding Systemic Risks written by OECD and published by OECD Publishing. This book was released on 2003-07-28 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume contains an in-depth analysis of the assessment, management and compensation of the so-called "expanding systemic risks", to which market players and insurers are exposed.

Download or read book Interpreting Environmental Offences written by Emma Lees and published by Bloomsbury Publishing. This book was released on 2015-07-30 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the interpretation of environmental offences contained in the waste, contaminated land, and habitats' protection regimes. It concludes that the current purposive approach to interpretation has produced an unacceptable degree of uncertainty. Such uncertainty threatens compliance with rule of law values, inhibits predictability, and therefore produces a scenario which is unacceptable to the wider legal and business community. The author proposes that a primarily linguistic approach to interpretation of the relevant rules should be adopted. In so doing, the book analyses the appropriate judicial role in an area of high levels of scientific and administrative complexity. The book provides a framework for interpretation of these offences. The key elements that ought to be included in this framework-the language of the provision, the harm tackled as drafted, regulatory context, explanatory notes and preamble, and finally, purpose in a broader sense-are considered in this book. Through this framework, a solution to the certainty problem is provided.

Download or read book The Future of Environmental Law written by Stefan E. Weishaar and published by Edward Elgar Publishing. This book was released on 2023-07-01 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: Environmental law is evolving from negotiating and prescribing environmental policies to enforcing time-bound, measurable and achievable goals in order to secure a sustainable future. This pertinent and thought-provoking book analyzes the legal instruments that have been successful in working towards requisite targets for ecological sustainability. Featuring contributions from leading scholars, this insightful book discusses the future challenges and innovative applications of environmental law to assist in achieving sustainability goals in an efficient and timely manner.

Download or read book European Community Law for the New Economy written by Lucas Bergkamp and published by Intersentia nv. This book was released on 2003 with total page 777 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Community (EC) has embarked on an ambitious legislative program for the new economy. In European Community Law for the New Economy professor Lucas Bergkamp analyzes the EC's current and proposed new economy legislation. The new economy, according to Bergkamp, is not only the internet, the information society, and biotechnology, but also a different kind of "old" economy, a different kind of corporate governance, and a different kind of government. Accordingly, in addition to the EC e-commerce, data protection, and biotechnology legislation, this book discusses also the grand principles of EC policy making (such as sustainable development and the precautionary principle), the theory of corporate social responsibility, and EC government reform. With its wide-ranging, insightful, and engaging analyses, and devoid of obliquity, EC Law for the New Economy is a unique publication. This book must be read by everybody who wants to gain a deeper understanding of the effects of EC legislation, the root causes of regulatory failures, and possible solutions to these problems. It is of interest to lawyers, politicians, policy makers, government officials, political scientists, advanced students and autodidacts. Lucas Bergkamp is a lawyer at the Brussels Bar and Professor of International Liability Law, Erasmus University Rotterdam - The Netherlands.

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 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 for Damage to Public Natural Resources Standing Damage and Damage Assessment written by Edward Brans and published by Kluwer Law International B.V.. This book was released on 2001-10-17 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on liability for damage to those natural resources that are of interest to the public and are protected by national, European or international law. It provides an overview of the law of the United States and of certain EU Member States on the recovery of damages for injury to natural resources. The international civil liability conventions that cover environmental harm and the recently published European Commission's White Paper on environmental liability are also discussed. The on-going development in various international forums of treaties or protocols dealing with liability for environmental damage are analyzed, as are the principles developed by the UNEP Working Group established in response to the 1990 Gulf War to advise the UNCC on claims for damage to natural resources. The book addresses assessment and valuation issues, the issue of standing in cases of injury to (un)owned natural resources, and the determination of ways to repair, restore and compensate for natural resource injuries and the associated loss of ecological and human services. It also explains why such a difference exists between the US and most European jurisdictions and inter-national liability conventions as to the recovery of damages for injury to natural resources.

Download or read book Research Handbook on EU Environmental Law written by Marjan Peeters and published by Edward Elgar Publishing. This book was released on 2020-06-26 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive Research Handbook discusses how the EU has used its regulatory power to steer towards environmentally friendly behaviour, delving into the deep concerns related to the compliance with and enforcement of EU environmental law. It also highlights the important role of civil society’s use of environmental procedural rights, and characterizes how the CJEU case law has contributed to the effective implementation of EU environmental legislation.

Download or read book The natural choice written by Great Britain: Department for Environment, Food and Rural Affairs and published by The Stationery Office. This book was released on 2011-06-07 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt: This white paper sets out proposals for a detailed programme of action to repair damage done to the environment in the past, and urges everyone to get involved in helping nature to flourish at all levels - from neighbourhoods to national parks. The plans are directly linked to the groundbreaking research in the National Ecosystem Assessment that showed the strong economic arguments for safeguarding and enhancing the natural environment. They also act on the recommendations of 'Making Space for Nature', a report into the state of England's wildlife sites, led by Professor John Lawton and published in September 2010, which showed that England's wildlife sites are fragmented and not able to respond to the pressures of climate change and other pressures we put on our land. Key measures proposed include: i) Reconnecting nature with New Nature Improvement Areas (NIAs) with a £7.5 million fund for 12 initial NIAs, biodiversity offsetting, New Local Nature Partnerships with £1 million available this year, phasing out peat, ii) Connecting people and nature for better quality of life with Green Areas Designation, better urban green spaces; more children experiencing nature by learning outdoors, strengthening local public health activities, the new environmental volunteering initiative "Muck in 4 Life" to improve places in towns and countryside for people and nature to enjoy and iii) Capturing and improving the value of nature with a Natural Capital Committee; an annual statement of green accounts for UK Plc, a business-led Task Force to expand the UK business opportunities from new products and services which are good for the economy and nature alike.

Download or read book Research Handbook on Fundamental Concepts of Environmental Law written by Douglas Fisher and published by Edward Elgar Publishing. This book was released on 2022-11-25 with total page 487 pages. Available in PDF, EPUB and Kindle. Book excerpt: This expanded and updated Research Handbook delivers an authoritative and in-depth guide to the conceptual foundations of environmental law. It offers a nuanced reflection on the underlying principles by exploring issues such as human rights, constitutional rights, sustainable development and environmental impact assessment within the context of environmental law.

Download or read book Sustainable Development Policy Directory written by W. Alan Strong and published by John Wiley & Sons. This book was released on 2008-04-15 with total page 672 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Directory means that a whole range of built environment professionals need never be caught out by the perversities of policy – in its formulation or on its journey into the real life of you and me. To have in one place the means of not only burrowing down into any one policy, but also of exploring the interconnections is a precious resource for any professional - ‘sustainability literate’ or not. Today, nobody who delivers our built environment can be excused from taking responsibility for the future. Armed with this Directory their contribution can only be made more effective. Sara Parkin OBE Forum for the Future This desk-top reference on sustainable development provides essential information for all who need to be up-to-date and familiar with the implications of the legal, fiscal and planning frameworks around the global and local sustainability agenda. It is relevant to a range of organisations and individuals - from national and local authorities, professional bodies, built environment professions, academia, environmental consultancies, non-governmental organisations and others. Carefully designed to facilitate access for a diverse range of stakeholders, it covers international, European, British and local policies in key built environment themes, and develops their inter-relationship to sustainable development. The Directory addresses each theme in a series of tables which summarise the policy purpose and also provide web-links to view the specific policy documents. The themes covered are: · Biodiversity · Climate Change · Construction · Energy · Environment · Planning · Pollution · Social Issues · Sustainable Development Policy and Practice · Transport · Urban Development · Waste Management · Water Other books of interest: The Green Guide to Specification Anderson ISBN: 1405119616 Smart & Sustainable Built Environments Yang Hardback ISBN: 1405124229 Sustainable Property Development Keeping Paperback ISBN: 0632058048 Previously Developed Land Syms Paperback 1405106972 Evaluating Sustainable Development Brandon 0632064862 Cover design by Garth Stewart www.thatconstructionsite.com

Download or read book Introduction to the Law and Economics of Environmental Policy written by T. Swanson and published by Elsevier. This book was released on 2002-08-15 with total page 554 pages. Available in PDF, EPUB and Kindle. Book excerpt: "An Introduction to the Law and Economics of Environmental Policy" emphasises the importance of institutional design in addressing social problems. Three important issues concerning institutional design are: policies, instruments, and enforcement. This volume surveys each of the issues, and emphasises the common themes arising in optimal institutional design. These themes include the cost of complex institutional design, and the role of private institutions attaining social objects. This book will be particularly useful to law schools, departments of government, policy or economics, environmental managers and insurance companies.

Download or read book EU Environmental Law written by Geert Van Calster and published by Edward Elgar Publishing. This book was released on 2017-02-24 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU Environmental Law discusses the reality for legal practice throughout the EU, as environmental law of the Member States is becoming ever less 'national'. Consequentially European environmental regulation is becoming more complex and interrelated, making it an emerging field of study for European law graduates, and an area of increasing exposure to the legal profession. This book gives readers a thorough overview of core European environmental law, with a section on the basic framework and principles, as well as on substantive law issues giving insight into the legislation in the different sectors and the most topical developments.

Download or read book Civil Liability in Europe for Terrorism Related Risk written by Lucas Bergkamp and published by Cambridge University Press. This book was released on 2015-11-12 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comprehensive and forward-looking analysis of civil liability for terrorism-related risk under international, EU and selected national tort laws.

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.