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Author: Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
While the basic legal architecture The Legal Working Group of a liability system has been addressed in the provisions of UNCLOS, and elaborated upon by on Liability the International Tribunal for the Law of the Sea (ITLOS) in its 2011 advisory opinion on activities The working group was co-convened by CIGI, in the Area,2 there remain both substantive and ComSec and the ISA Secretariat, under the j [...] The other members of the working The Legal and Technical Commission (LTC) of group were invited, based on their expertise in the ISA identified "responsibility and liability" areas related to the international law of state as a priority deliverable in the development of responsibility and liability, the law of the sea the mining code for the exploitation stage of and international environmental la [...] The to provide the ISA Secretariat and the LTC with first day of the workshop consisted of a number a foundational understanding of the potential of presentations on legal and technical subjects legal avenues for establishing a sector-specific related to deep seabed mining and liability liability regime for deep seabed mining. [...] The allocation of responsibility of the cost of reasonable measures to prevent the and the determination of appropriate, fit-for- damage and considering any acts of failure by purpose mechanisms (for example, funds, bonds the ISA. [...] Under the IOPC carried out by the Assemblies (Administrative Funds, the recovery is applicable to the territory, Council), the Executive Committee and the the territorial waters and the exclusive economic Secretariat.
Author: Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
While the basic legal architecture The Legal Working Group of a liability system has been addressed in the provisions of UNCLOS, and elaborated upon by on Liability the International Tribunal for the Law of the Sea (ITLOS) in its 2011 advisory opinion on activities The working group was co-convened by CIGI, in the Area,2 there remain both substantive and ComSec and the ISA Secretariat, under the j [...] The other members of the working The Legal and Technical Commission (LTC) of group were invited, based on their expertise in the ISA identified "responsibility and liability" areas related to the international law of state as a priority deliverable in the development of responsibility and liability, the law of the sea the mining code for the exploitation stage of and international environmental la [...] The to provide the ISA Secretariat and the LTC with first day of the workshop consisted of a number a foundational understanding of the potential of presentations on legal and technical subjects legal avenues for establishing a sector-specific related to deep seabed mining and liability liability regime for deep seabed mining. [...] The allocation of responsibility of the cost of reasonable measures to prevent the and the determination of appropriate, fit-for- damage and considering any acts of failure by purpose mechanisms (for example, funds, bonds the ISA. [...] Under the IOPC carried out by the Assemblies (Administrative Funds, the recovery is applicable to the territory, Council), the Executive Committee and the the territorial waters and the exclusive economic Secretariat.
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: Neil Craik Publisher: Cambridge University Press ISBN: 1108853544 Category : Law Languages : en Pages : 319
Book Description
This book examines liability for environmental harm in Antarctic, deep seabed, and high seas commons areas, highlighting a unique set of legal questions: Who has standing to claim environmental harms in global commons ecosystems? How should questions of causation and liability be addressed where harm arises from a variety of activities by state and non-state actors? What kinds of harm should be compensable in global commons ecosystems, which are remote and characterized by high levels of scientific uncertainty? How can practical concerns such as ensuring adequate funds for compensation be resolved? This book provides the first in-depth examination and evaluation of current rules and possible avenues for future legal developments in this area of increasing importance for states, international organizations, commercial actors, and legal and governance scholars. This title is part of the Flip it Open Programme and may also be available Open Access. Check our website Cambridge Core for details.
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: Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
Papers in the • Tara Davenport, Research Fellow, series cover the following topics: the current legal Centre for International Law, National architecture for liability/responsibility under the University of Singapore* United Nations Convention on the Law of the Sea; • Elie Jarmache, Special Adviser on the scope of activities covered under a liability the Law of the Sea, Member, Legal regime; the r [...] The authorship of the individual papers in this series is indicated, and the 1) States are responsible for the views expressed should not be taken as being fulfilment of their international the views or position of the LWG members or obligations concerning the protection the convening institutions. [...] Article 22 of Annex III, which speaks to the responsibility and b. the protection and conservation of the liability of contractors and the ISA in connection natural resources of the Area and the with deep seabed mining activities, explicitly prevention of damage to the flora and addresses this point, noting, "Liability in every fauna of the marine environment. [...] Article conduct of its operations under this contract." 22 of Annex III specifically mentions that liability If such an approach were to be adopted in the ought to account for the contributory acts and exploitation phase, it may be useful to consider omissions of the ISA and the contractor in relation whether this wording captures the full scope of to the liability of the other, and the Exploratio [...] As a compliance.81 The question of the standard of state result, the LOSC contemplates the possibility liability was addressed directly in the advisory of the development of new rules on liability, opinion, where the ITLOS was firmly of the view whether they arise from general developments that liability "arises only from [a sponsoring state's] in public international law or specifically in the fa.
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: R. Lefeber Publisher: Martinus Nijhoff Publishers ISBN: 9789041102751 Category : Law Languages : en Pages : 384
Book Description
On-going deterioration of the state of the environment and the continuous risk of an environmental disaster has forced society to reconsider its environmental and developmental objectives. For economic and environmental reasons, the costs of prevention and reparation of environmental harm should be channelled to the polluter. However, such channelling may run counter to legal principles. This work scrutinizes this field of tension between economic and legal principles at state level. It provides a unique analysis of traditional thinking on state liability for transboundary harm and the theories which have challenged it since the proliferation of hazardous activities in the 1960s. The author favours a return to traditional thinking, but has an eye for the theories that challenged it with the aim of safeguarding the compensation of victims of transboundary harm.
Author: Lefeber Publisher: Martinus Nijhoff Publishers ISBN: 9004635173 Category : Law Languages : en Pages : 379
Book Description
On-going deterioration of the state of the environment and the continuous risk of an environmental disaster has forced society to reconsider its environmental and developmental objectives. For economic and environmental reasons, the costs of prevention and reparation of environmental harm should be channelled to the polluter. However, such channelling may run counter to legal principles. This work scrutinizes this field of tension between economic and legal principles at state level. It provides a unique analysis of traditional thinking on state liability for transboundary harm and the theories which have challenged it since the proliferation of hazardous activities in the 1960s. The author favours a return to traditional thinking, but has an eye for the theories that challenged it with the aim of safeguarding the compensation of victims of transboundary harm.
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Author: Lucas Bergkamp
Author: Neil Craik
Author: Edward Brans
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Author: Michael Bowman
Author: R. Lefeber
Author: Lefeber