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 White Paper on Environmental Liability COM 2000 66 Final written by European Commission. Directorate-General for the Environment and published by . This book was released on 2000 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book White Paper on Environmental Liability written by Commission of the European Communities and published by . This book was released on 2000 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book COM 2000 66 Final written by European Commission and published by . This book was released on 19?? with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book White Paper on Environmental Liability written by Union européenne. Commission européenne 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 OPINION ON THE WHITE PAPER ON ENVIRONMENTAL LIABILITY written by and published by . This book was released on 2000 with total page 4 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 White Paper on Environmental Liability written by Commission of the European Communities and published by . This book was released on 2000 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Comments on the White Paper on Environmental Liability written by Pablo Salvador-Coderch and published by . This book was released on 2015 with total page 29 pages. Available in PDF, EPUB and Kindle. Book excerpt: The White Paper (WP) on Environmental liability declares that the main purpose of Community policy in this matter is to avoid environmental damage, and then suggests that an instrument to achieve it would be a Community directive establishing a civil liability regime with real deterrent effect.The authors of these Comments subscribe the White Paper's basic idea, but try to improve some elements just sketched by the White Paper when describing the factual content and legal consequences of the suggested regulation.With special reference to aspects related to the identification of the different types of damages, the methods for its evaluation and the distinction between compensating harm and restoring the environment. Likewise, attention has been paid to the connection between the different liability standards outlined by the White Paper and the inherent risk of the different kinds of activities.
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 United Kingdom Response to European Commission White Paper on Environmental Liability written by Great Britain. Department of the Environment, Transport and the Regions and published by . This book was released on 2000 with total page 6 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 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 Opinion of the Committee of the Regions of 14 June 2000 on the European Commission White Paper on Environmental Liability COM 2000 66 Final written by Committee of the Regions and published by . This book was released on 2000 with total page 14 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Environmental Liability written by and published by . This book was released on 1992 with total page 15 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Deterrence Insurability and Compensation in Environmental Liability written by Michael Faure and published by Springer. This book was released on 2003-03-06 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: The authors took the European Commission 2000 White Paper on Environmental Liability as the occasion for a critical analysis of the efficiency and insurability of various environmental liability regimes. Traditional insurance is examined, but also alternative arrangements for financial security, such as compensation funds. In addition, various case studies present the availability of financial or insurance coverage for natural resource damage. Combining economic insights with an analysis of the practice in various countries like Austria, Germany, Italy, Spain and the USA empirical evidence is provided for the way in which insurance and financial markets respond to environmental liability regulations. This is the first study discussing the criteria for insurability of environmental harm in a systematic manner, both from a legal and an economic/insurance perspective.
Download or read book Sourcebook on Environmental Law written by Maurice Sunkin and published by Routledge. This book was released on 2001-11-30 with total page 1419 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second edition of this sourcebook brings together a comprehensive selection of the principal international, European and domestic sources of environmental law, together with commentary and extensive references to secondary sources (including relevant websites). The new edition has been fully revised and extended to include the major developments in this rapidly evolving area of law. In particular, at the international level there is now consideration of the Kyoto Protocol 1997, the Aarhus Convention 1998, the Basel Protocol 1999 and the Biosafety Protocol 2000. At the European level, there is coverage of the changes introduced by the Amsterdam Treaty; the 2000 Water Framework Directive; the new Air Quality Directives; and the EC White Paper on Environmental Liability. There is also discussion of the proposed Sixth Environmental Action Programme. The domestic coverage includes consideration of the Pollution Prevention and Control Act 1999, the Countryside and Rights of Way Act 2000, the implementation of the contaminated land regime, together with coverage of the new UK waste strategy. The book now also includes extensive consideration of the impact of the Human Rights Act 1998 on environmental law. Recent case law is included throughout. This unique work will provide an extremely valuable resource for all those studying, teaching and working in the field of environmental law.
