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Author: Mark Wilde Publisher: ISBN: 9789041132338 Category : Environmental law Languages : en Pages : 0
Book Description
By adopting a theoretical and comparative approach, this text asks whether, through increased protection of private interests, tort has the ability to provide a useful additional means of environmental protection to regulatory controls.
Author: Mark Wilde Publisher: ISBN: 9789041132338 Category : Environmental law Languages : en Pages : 0
Book Description
By adopting a theoretical and comparative approach, this text asks whether, through increased protection of private interests, tort has the ability to provide a useful additional means of environmental protection to regulatory controls.
Author: Michael Bowman Publisher: Oxford University Press, USA ISBN: 9780199255733 Category : Law Languages : en Pages : 390
Book Description
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: Great Britain: Department for Environment, Food and Rural Affairs Publisher: The Stationery Office ISBN: 9780101808224 Category : Science Languages : en Pages : 84
Book Description
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.
Author: Lucas Bergkamp Publisher: BRILL ISBN: 900447904X Category : Law Languages : en Pages : 734
Book Description
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: Lucas Bergkamp Publisher: OUP Oxford ISBN: 0191648930 Category : Law Languages : en Pages : 406
Book Description
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.
Author: Edward Brans Publisher: Kluwer Law International B.V. ISBN: 9041117245 Category : Law Languages : en Pages : 480
Book Description
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.
Author: T. Swanson Publisher: Elsevier ISBN: 0762308885 Category : Business & Economics Languages : en Pages : 554
Book Description
"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.
Author: Sandra Cassotta Publisher: Kluwer Law International B.V. ISBN: 9041141979 Category : Law Languages : en Pages : 424
Book Description
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.
Author: Linlin Sun Publisher: Cambridge University Press ISBN: 1108488307 Category : Law Languages : en Pages : 383
Book Description
Clarifies legal requirements for environmental protection in deep seabed mining and the legal consequences when environmental damage occurs.
Author: Mark Wilde
Author: 
Author: Mark Wilde
Author: Michael Bowman
Author: Great Britain: Department for Environment, Food and Rural Affairs
Author: Lucas Bergkamp
Author: Lucas Bergkamp
Author: Edward Brans
Author: T. Swanson
Author: Sandra Cassotta
Author: Linlin Sun