Compensation For Environmental Damage Under International Law

Author : Tarcísio Hardman Reis
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041134379
Total Pages : 250 pages
Book Rating : 4.70/5 ( download)

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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.

Author : Jason Rudall
Publisher : Routledge
ISBN 13 : 1000034941
Total Pages : 164 pages
Book Rating : 4.43/5 ( download)

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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.

Author : Michael Bowman
Publisher : Oxford University Press, USA
ISBN 13 : 9780199255733
Total Pages : 390 pages
Book Rating : 4.33/5 ( download)

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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.

Author : Guillaume Laganière
Publisher : Bloomsbury Publishing
ISBN 13 : 1509951164
Total Pages : 334 pages
Book Rating : 4.61/5 ( download)

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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.

Author : Michael Faure
Publisher : Springer
ISBN 13 : 9783211715512
Total Pages : 338 pages
Book Rating : 4.17/5 ( download)

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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.

Author : Michael Faure
Publisher : Springer
ISBN 13 : 9783211100653
Total Pages : 338 pages
Book Rating : 4.52/5 ( download)

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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.

Author : Catherine Banet
Publisher : BRILL
ISBN 13 : 9004391568
Total Pages : 637 pages
Book Rating : 4.67/5 ( download)

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Download or read book The Law of the Seabed written by Catherine Banet and published by BRILL. This book was released on 2020-01-29 with total page 637 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of the Seabed reviews the most pressing legal questions raised by the use and protection of natural resources on and underneath the world’s seabeds. While barely accessible, the seabed plays a major role in the Earth’s ecological balance. It is both a medium and a resource, and is central to the blue economy. New uses and new knowledge about seabed ecosystems, and the risks of disputes due to competing interests, urge reflection on which regulatory approaches to pursue. The regulation of ocean activities is essentially sector-based, and the book puts in parallel the international and national regimes for seabed mining, oil and gas, energy generation, bottom fisheries, marine genetic resources, carbon sequestration and maritime security operations, both within and beyond the national jurisdiction. The book contains seven parts respectively addressing the definition of the seabed from a multidisciplinary perspective, the principles of jurisdiction delimitation under the United Nations Convention on the Law of the Sea (UNCLOS), the regimes for use of non-living, living and marine biodiversity resources, the role of state and non-state actors, the laying and removal of installations, the principles for sustainable and equitable use (common heritage of mankind, precaution, benefit sharing), and management tools to ensure coexistence between activities as well as the protection of the marine environment.

Author : Lucas Bergkamp
Publisher : BRILL
ISBN 13 : 900447904X
Total Pages : 734 pages
Book Rating : 4.43/5 ( download)

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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.

Author : Tarcísio Hardman Reis
Publisher :
ISBN 13 :
Total Pages : 274 pages
Book Rating : 4.41/5 ( download)

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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:

Author : Roda Verheyen
Publisher : BRILL
ISBN 13 : 9047427408
Total Pages : 418 pages
Book Rating : 4.07/5 ( download)

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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