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 Shifts in Compensation for Environmental Damage written by Michael Faure and published by Springer. This book was released on 2009-09-02 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 Concluding Observations to the Book Shifts in Compensation for Environmental Damage Tort and Insurance Law written by Michael G. Faure and published by . This book was released on 2013 with total page 22 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper contains the concluding observations to the book Shifts in Compensation for Environmental Damage, Tort and Insurance Law. In many countries, various shifts have taken place between private and public funding regarding environmental damage compensation. This book deals with these shifts. It critically presents shifts in this domain theoretically with many supporting practical examples. Normally, victims of environmental damage had to seek relief via private legal mechanisms. In many systems a shift towards public oriented compensation has occurred. This is clear in areas such as international oil pollution and nuclear damage. This book describes and critically discusses shifts in private and public compensation mechanisms, with empirical data and economic analyses of the effectiveness of the international oil pollution fund's capacity to compensate oil pollution victims. It also describes shifts in some national legal systems towards greater government involvement as well as within specific private legal systems.
Download or read book A Shift Toward Alternative Compensation Mechanisms for Environmental Damage written by Michael G. Faure and published by . This book was released on 2013 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper is a chapter in the book Shifts in Compensation for Environmental Damage, Tort and Insurance Law. In many countries, various shifts have taken place between private and public funding regarding environmental damage compensation. This book deals with these shifts. It critically presents shifts in this domain theoretically with many supporting practical examples. Normally, victims of environmental damage had to seek relief via private legal mechanisms. In many systems a shift towards public oriented compensation has occurred. This is clear in areas such as international oil pollution and nuclear damage. This book describes and critically discusses shifts in private and public compensation mechanisms, with empirical data and economic analyses of the effectiveness of the international oil pollution fund's capacity to compensate oil pollution victims. It also describes shifts in some national legal systems towards greater government involvement as well as within specific private legal systems.
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 Compensation for Environmental Damage in China written by Michael G. Faure and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many have pointed at the fact that the spectacular economic growth in China has come at a high price, especially concerning the environmental costs related to this growth. There is increasing literature available now, both in and outside of China on the available governance instruments that China is increasingly using in its fight against environmental pollution. Indeed, with growing economic welfare also the demand for environmental quality is increasing in China as well. An issue which received less attention so far was the ex post compensation after environmental pollution occurred. The aim of our study is not so much to look at instruments aiming at prevention of environmental harm, but to address the question to what extent victims of environmental harm can be compensated for this harm in China. The concept of victims should obviously be interpreted broadly since victims could also be the environment at large in which case the question arises to what extent for example the government or an NGO may have the right to ask remedies on behalf of the environment. The goal of our study is not only to provide an insight into the “law in the books” by sketching which instruments and remedies are available, but also to address “law in action”, by examining to what extent the various compensation mechanisms are indeed applied in practice as well. To that end we have undertaken some interviews with stakeholders in China in order to obtain information on the way in which environmental damage is being remedied. Our focus is on remedies for environmental harm. Even though the main (traditional) remedy after damage may be (monetary) compensation, in case of environmental pollution other remedies (such as restitution) may be relevant as well. Methodologically we will therefore both address available remedies on the basis of the regulatory framework, but also examine to what extent these remedies are indeed applied. Moreover, we will normatively where appropriate, also formulate a few suggestions for reform. The question of how to compensate for environmental damage has become a hot topic in China. Almost every day one now can read about cases of environmental harm with which various Chinese communities are confronted whereby almost every time the question is asked how adequate compensation for this harm can be provided. The issue is also topical given recent legislative changes in China. In December 2009 China introduced a New Tort Liability Law in which important provisions also deal with environmental liability. Moreover, even though environmental insurance markets are not yet that well developed in China increasingly both potential victims as well as industry are demanding the development of adequate insurance products to deal with environmental harm. Strikingly the only domain in which compensation seems to work adequately, not only on paper but also in practice is the domain of marine oil pollution in which international conventions have played an important role. Our paper is set up as follows: after an introduction (1) we will first focus on the role of liability rules in compensating for environmental harm (2), then we focus on insurance (3) and discuss the specific case of marine oil pollution (4). For every topic first the theoretical possibilities to provide compensation will be sketched; next the question will be addressed what role these mechanisms lay in practice. A few concluding remarks (5) will provide a summary and some policy recommendations.
Download or read book Environmental compensation written by Enetjärn, Anders (Enetjärn Natur) and published by Nordic Council of Ministers. This book was released on 2015-10-02 with total page 147 pages. Available in PDF, EPUB and Kindle. Book excerpt: Environmental impacts are increasing due to human activities. The overuse of the benefits nature provides us is the direct result of our failure to put a price on these benefits. One way of addressing this is to require environmental compensation. The purpose of the study is to provide Nordic Council of Ministers and national decision-makers with an overview of key conditions for increased, flexible and cost-effective application of compensation. The study shows that for a relatively small cost society can make a significant investment in the provision of biodiversity and ecosystem services by requiring compensation. The study outlines three main recommendations on how to increase the use of environmental compensation: 1. Stimulate supply of, and demand for, compensation 2. Clarify and supplement guidelines and legal framework 3. Strengthen Nordic cooperation on compensation
Download or read book Major Accidents to the Environment written by Ivan Vince and published by Butterworth-Heinemann. This book was released on 2011-04-08 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: If our plant catches fire, when should it be allowed to burn down to prevent pollution? When does enforcement turn into prosecution, following an environmental accident? Will our environmental insurance cover the costs of remediation? This book provides a thorough and practical guide to the environmental aspects of compliance with the Seveso II Directive and COMAH regulations and surrounding issues. It guides readers through the technical, legal and insurance related complexities unique to the environmental aspects of Seveso II/COMAH. Individual chapters and sections written by relevant experts explain the implications of the Directive/Regulations and other laws that relate to major accident hazards. Valuable case studies underpin and illuminate the arguments presented. The comprehensive appendices contain a wealth of further case studies as well as focused supporting information on environmental design, assessment and management of major hazard installations, for safety, prevention and environmental professionals, risk assessors, insurers, managers and their legal advisors. Dr Ivan Vince is Director of ASK Consultants and co-founder of one of the first industrial risk consultancies in Eastern Europe. He has investigated several environmental accidents. Related titles: Introduction to Emergency Management, 2e Haddow and Bullock 978-0-7506-7961-9 Introduction to International Disaster Management, Coppola 978-0-7506-7982-4 Learning from Accidents, 3e, Kletz 978-0-7506-4883-7 * This is the only guide to working with and implementing the Seveso II-Directive and COMAH regulations * Written by leading risk management, scientific, legal, and engineering experts, this book provides all of the key elements an organization must manage in order to comply * Accompanied by a comprehensive data handbook that enables managers and health & safety professionals to assess and apply the approaches required in the Directives
Download or read book Green Fees written by Robert C. Repetto and published by . This book was released on 1992 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report offers estimations of the economic gains made from shifting a significant chunk of the tax burden from income, profits and payrolls, onto congestion, pollution and waste generation. This study demonstrates that such changes can reduce environmental damage and increase production.
Download or read book Tort Law and Economics written by Michael Faure and published by Edward Elgar Publishing. This book was released on 2009-01-01 with total page 565 pages. Available in PDF, EPUB and Kindle. Book excerpt: The central goal of this book is to provide a state-of-the-art overview of the literature with respect to the economic analysis of tort law. It sure meets the challenge, offering with great expertise a comprehensive presentation of tort law in both economic and comparative perspectives. The clarity of the text, unusual in the law and economics literature, makes the book accessible to a broad readership of economists with a limited legal background and lawyers with limited economic skills. Olivier Moreteau, Louisiana State University, US Tort Law and Economics, ed. Michael Faure, provides a highly useful economic overview of the most important topics of tort law. The authors clearly show the main developments of the discussion, examining the results of recent studies and stating their own opinions. Detailed bibliographies are included. The volume has to be warmly recommended to friends and foes of economic analysis who are provided with a comprehensive update in this field while also indicating areas which critics have to focus on. Helmut Koziol, European Centre of Tort and Insurance Law, Austria This volume provides a state-of-the-art overview of the literature on the economic analysis of tort law. In sixteen chapters, the specialist authors guide the reader through the often vast literature in each domain providing a balanced and comprehensive summary. Particular attention is paid to the evolution of the field, further refinements to economic models and relevant conclusions and lessons for the policymaker. Tort Law and Economics is part of the Encyclopedia of Law and Economics, and enables readers, some not familiar with law and economics, to obtain an insight in the relevant economic literature concerning tort law and economics. This book will be of interest to lawyers and economists, practitioners and academics interested in accident law, tort law, insurance and regulation. It will also appeal to students in economic analysis of law and policymakers working on prevention of accidents, tort law or compensation of accident victims.
Download or read book Maritime Pollution Liability and Policy written by Faure and published by Kluwer Law International B.V.. This book was released on 2010-01-01 with total page 498 pages. Available in PDF, EPUB and Kindle. Book excerpt: The approach throughout is both legal multi-disciplinary and comparative. The relevant international conventions are examined (particularly the 'Bunker Convention' of 2008), with particular attention to their implementation in China and Europe, as well as the independent US regime. In addition, detailed empirical data from well-known case studies provide important insights into the working of international and national prevention and compensation mechanisms.
Download or read book International Environmental Obligations and Liabilities in Deep Seabed Mining written by Linlin Sun and published by Cambridge University Press. This book was released on 2023-11-30 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: Clarifies legal requirements for environmental protection in deep seabed mining and the legal consequences when environmental damage occurs.
Download or read book The Global Environment written by Regina S. Axelrod and published by CQ Press. This book was released on 2019-07-11 with total page 435 pages. Available in PDF, EPUB and Kindle. Book excerpt: The new edition of this award-winning volume reflects the latest events in the in global environmental politics and sustainable development, while providing balanced coverage of the key institutions, environmental issues, treaties, and policies. The book highlights global environmental institutions, major state and non-state actors, and includes a wide range of cases such as climate change, biodiversity, hazardous chemicals, ozone layer depletion, nuclear energy and resource consumption.
Download or read book The Role of International Environmental Law in Disaster Risk Reduction written by Jacqueline Peel and published by BRILL. This book was released on 2016-09-23 with total page 502 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Role of International Environmental Law in Disaster Risk Reduction, edited by Jacqueline Peel and David Fisher, expert authors from four continents offer perspectives on the growing intersection between environmental law and disaster risk management. Chapters discuss the potential for retasking environmental law tools and principles for purposes of mitigating the harms of potential disasters, including those exacerbated by climate change, and approaches for linking institutions and approaches across the environmental, climate adaptation and disaster risk management fields internationally. This book illustrates the blurring distinction between natural and manmade disasters and the consequences for legal norms and practice in the formerly distinct areas of international environmental law and international disaster law.
Download or read book Liability for Damage to the Marine Environment written by Colin M. de la Rue and published by . This book was released on 1993 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite widely-accepted international systems of liability for pollution damage to the marine environment, uniformity is far from being achieved. This book is based on the papers delivered at the CMI seminar on liability for pollution damage. The purpose of the seminar was to take stock of the legal position worldwide as a prelude to discussions on unification of laws relating to the admissibility and assessment of claims. Among the main issues addressed are - oil pollution prevention and response, the effectiveness of present compensation methods, the importance of recent protocols to the compensation conventions, the ramifications of OPA 90, the underwriting of oil pollution risks and the need for an international convention on hazardous and noxious substances. These issues are covered by a broad range of international experts.
Download or read book Civil Liability for Marine Oil Pollution Damage written by Wang Hui and published by Kluwer Law International B.V.. This book was released on 2011-09-15 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: This remarkable book – the first in-depth examination of the civil liability regime for marine oil pollution damage from a law and economics perspective – examines the efficiency and effectiveness of the regime, with particular attention to whether it is in fact designed in the public interest or merely a distribution of risks and costs among interested parties. The question is asked: does the liability system give the potential polluter incentives to take precautionary measures to avoid pollution or to reduce the possibility of pollution? The international regime on civil liability for marine oil pollution rests on the International Convention on Civil Liability for Oil Pollution Damage (CLC) and the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (Fund Convention). However, the world’s biggest oil consumer and importer – the United States – has ratified neither, preferring its own Oil Pollution Act of 1990 (OPA), and China – currently the world’s second oil-consuming country – has not ratified the Fund Convention. Thus it is reasonable to compare the three regimes – international, US, and China – as such a comparative study may reveal some advantages or disadvantages among the three systems. Among the issues raised and tackled head-on by the author are the following: whether the contents of international conventions can be considered as the result of the influence of the various interest groups involve; overview of the regulations of marine pollution; technical standards, rules for operation, professional criteria; to what extent a state may take action against trans-boundary polluting activities; what liability a state may incur for non-action or non-effective action; significance for liability of the charter-party, generally considered the evidence of the hire of a ship, and the bill of lading, considered the evidence of the contract of carriage of goods by sea; the crucial role of the so-called ‘International Group’ of 13 Protection and Indemnity (P & I) Clubs, non-profit organizations specializing in liability insurance; the main international players – the International Maritime Organization (IMO), the Comité Maritime International (CMI), and industry organizations such as INTERTANKO and the Oil Companies International Marine Forum (OCIMF); the particular regime on offshore facility pollution liability in the United States; port state control; criminal liability; and EU and other regional initiatives. In addition, a detailed study of the Erika case reveals some of the rationale for many of the persistent features of marine pollution liability regimes. The well-thought-out legal and economic analysis provided in this book, along with its clearly stated policy recommendations and constructive perspectives for future development of the liability system, will be immeasurably valuable to lawyers and policymakers active in this highly visible area of international law.
