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 Compensation for Environmental Damage Under International Law written by Jason Rudall and published by Routledge. This book was released on 2020-01-14 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: Inspired by recent litigation, this book identifies and critically appraises the manifold and varied approaches to calculating compensation for damage caused to the environment. It examines a wide range of practice on compensation – in general and specifically for environmental damage – from that of international courts and tribunals, as well as international commissions and regimes, to municipal approaches and other disciplines such as economics and philosophy. Compensation for Environmental Damage Under International Law synthesises these approaches with a view to identifying their blind spots, bringing clarity to an area where there exists broad discrepancy, and charting best practices that appropriately balance the manifold interests at stake. In particular, it is argued that best practice methodologies should ensure compensation serves to fully repair the environment, reflect the emerging ecosystems approach and any implications environmental damage may have for climate change, as well as take into account relevant equitable considerations. This book is essential reading for academics, practitioners and students working in the field of environmental law.
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 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 Compensation for Environmental Damages Under International Law written by Tarcísio Hardman Reis and published by . This book was released on 2009 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Responsibility for Environmental Damage written by Jason Rudall and published by Edward Elgar Publishing. This book was released on 2024-04-12 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Engaging with one of the most consequential issues of our time, this book offers a comprehensive analysis of responsibility for environmental damage under international law. In doing so, it considers the responsibility, liability and accountability of state and non-state actors for harm caused to the environment and non-compliance with environmental norms across a wide range of multilateral regulatory frameworks.
Download or read book Environmental Loss and Damage in a Comparative Law Perspective written by Barbara Pozzo and published by . This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book analyzes the regulation of environmental loss and damage. It does so from a comparative and interdisciplinary perspective, examining both public and private law aspects. It delves into conceptual and specific legal issues concerning liability, compensation and restoration of damage in different sectors and jurisdictions, as well as taking into account the contributions of economic analysis in this field of regulation. Specific attention has been devoted to the role that liability and insurance may play in terms of mitigation and adaptation to climate change, as well as the prevention of damage from natural hazards. The scope of analysis encompasses national as well as supranational and international regimes. In particular, there are two interrelated and very promising developments in the evolving understandings in this field that merit special focus: possible legal transplants and "cross-fertilization" between legal systems, on the one hand; and the current dialectic between global and local law in the environmental field, on the other."-- Page 4 de la couverture.
Download or read book Developments in the Law of Environmental Reparations written by Cymie R. Payne and published by . This book was released on 2016 with total page 31 pages. Available in PDF, EPUB and Kindle. Book excerpt: The UN Compensation Commission (UNCC) is a unique model for liability and compensation of environmental damage in an international context, influencing both jus in bello and jus post bellum. The 1990-1991 Gulf War to evict Iraq from Kuwait was a public spectacle of environmental damage. It was followed by the UNCC's legal process that catalogued, assessed and awarded money to pay to clean and repair the damaged soil, water, coastal ecosystems, and other harms. The UNCC's contributions include integration of environmental law principles into the reparations process; use of advanced techniques for assessment of environmental damage; and use of a multilateral process in a way that balanced confidentiality and transparency. The UNCC environmental program advanced international law most significantly by serving notice that environmental damage caused in relation to an armed conflict can be a culpable offense. Finally, a great contribution of the UNCC environmental program, and its successors, will be the spotlight they shine on the often ignored devastation to the natural environment caused by armed conflict and its potential to lead us toward prevention of harm.
Download or read book Gulf War Reparations and the UN Compensation Commission written by Cymie Payne and published by Oxford University Press. This book was released on 2011-04-18 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Gulf War Reparations and the UN Compensation Commission: Environmental Liability, experts who held leadership positions and worked directly with the UNCC draw on their experience with the institution and provide a comprehensive view of the United Nations Compensation Comission and its work in the aftermath of the Gulf War. In this volume, the first of two on the UNCC's work, the authors explain that the United Nations Security Council established the ad hoc compensation commission to address reparations as a component of the ceasefire following Iraq's 1990-91 invasion and occupation of Kuwait. The authors also describe how the work of the United Nations Compensation Commission addressed important questions of state responsibility, environmental liability, mass claims processing, international law, and dispute settlement institutions in the post-armed conflict context. Readers will also learn that the scope and the scale of the UNCC was extraordinary, since almost 2.7 million claims from 80-plus countries were submitted to the Commission (which awarded in excess of $55 billion and has paid out more than half of that total), and that this led to the development of innovative procedural, institutional and managerial approaches in handling mass, environmental, and corporate claims at a scale that is unparalleled. Additionally, the books note that the Commission also contributed to the evolution of international jurisprudence in these areas.
Download or read book Transboundary Damage in International Law written by Hanqin Xue and published by Cambridge University Press. This book was released on 2003-03-13 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Chernobyl disaster, the Amoco Cadiz oil spill and the Colorado River dispute are examples of an activity conducted by one state which has serious adverse effects in the territory of another, or in global common areas. This book details the international rules and compensation procedures and is intended for use by governmental officials, international lawyers and jurists. It discusses existing laws on international liability and considers the underlying legal issues that require further development. It is one of the few books on the subject written from the perspective of a developing country with rapid economic and social development.
Download or read book Liability Compensation Regimes Relating to Environmental Damage written by United Nations Environment Programme. Division of Environmental Policy Implementation and published by . This book was released on 2003 with total page 94 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Marine Resource Damage Assessment written by F. Maes and published by Springer Science & Business Media. This book was released on 2006-06-29 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: The main focus of this important book is on civil liability regimes to compensate for ecological/environmental damage, the impact of EC decision-making on the international regime for oil pollution damage, the use of environmental funds in this respect, the economic valuation of damage to the environment from a theoretical perspective and the application of the Contingent Valuation Method in Belgium for ecological damage at sea.
Download or read book Calculation of Compensation and Damages in International Investment Law written by Irmgard Marboe and published by Oxford International Arbitrati. This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction --The Function of Compensation and Damages --Valuation Standards and Criteria --International Standards, Bases of Value, and Valuation Approaches --Methods of Valuation in International Practice --Interest --Conclusions.
Download or read book China and International Environmental Liability written by Michael G. Faure and published by Edward Elgar Publishing. This book was released on 2008-01-01 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: Few countries are likely to have a more important global environmental role in coming years than the People s Republic of China. Professors Faure and Song have prepared a remarkable collection of essays that provide valuable insight on one key aspect: China s engagement with issues of liability for environmental damage at the domestic and international levels. There is much to be learnt from the pages of this commendable, rich and accessible work. Philippe Sands QC, University College London and Matrix Chambers, UK This book considers the ways in which transboundary environmental pollution can be remedied through a variety of legal instruments. Particular attention is paid to the pollution of the Songhua river in China, but legal remedies to transboundary pollution are also discussed in a broader context. The focus of the book is on international environmental law and international conventions as well as the application of national environmental law in a transboundary legal context. Thus contributions also concentrate on voluntary approaches, the importance of transboundary environmental impact assessment and the application of national criminal law to transboundary pollution. Not only is transboundary pollution discussed from the perspective of international law, but also from that of the application of national law to transboundary pollution, thus centering on private law, administrative law and criminal law. As such, this book will be of great interest to academics, practitioners and students.
Download or read book Climate Change Damage and International Law written by Roda Verheyen and published by BRILL. This book was released on 2005-11-01 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first comprehensive assessment of the legal duties of states with regard to human induced climate change damage
Download or read book Shifts in Compensation for Environmental Damage written by Michael Faure and published by Springer. This book was released on 2007-09-04 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: In many countries, various shifts have taken place between private and public funding regarding environmental damage compensation. This book theoretically examines these shifts and offers many supporting practical examples. Coverage also examines shifts in private and public compensation mechanisms and describes shifts in some national legal systems towards greater government involvement as well as within specific private legal systems.
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.
