Comments On The White Paper On Environmental Liability

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The EU Environmental Liability Directive

Author : Lucas Bergkamp
Publisher : OUP Oxford
ISBN 13 : 0191648930
Total Pages : 406 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The EU Environmental Liability Directive by : Lucas Bergkamp

Download or read book The EU Environmental Liability Directive written by Lucas Bergkamp and published by OUP Oxford. This book was released on 2013-03-14 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

White Paper on Environmental Liability

Author :
Publisher :
ISBN 13 :
Total Pages : 60 pages
Book Rating : 4.X/5 (4 download)

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Book Synopsis White Paper on Environmental Liability by :

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:

Policy Issues in Insurance Insurance and Expanding Systemic Risks

Author : OECD
Publisher : OECD Publishing
ISBN 13 : 9264102914
Total Pages : 259 pages
Book Rating : 4.2/5 (641 download)

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Book Synopsis Policy Issues in Insurance Insurance and Expanding Systemic Risks by : OECD

Download or read book Policy Issues in Insurance Insurance and Expanding Systemic Risks written by OECD and published by OECD Publishing. This book was released on 2003-07-28 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume contains an in-depth analysis of the assessment, management and compensation of the so-called "expanding systemic risks", to which market players and insurers are exposed.

The Future of Environmental Law

Author : Stefan E. Weishaar
Publisher : Edward Elgar Publishing
ISBN 13 : 1035314649
Total Pages : 309 pages
Book Rating : 4.0/5 (353 download)

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Book Synopsis The Future of Environmental Law by : Stefan E. Weishaar

Download or read book The Future of Environmental Law written by Stefan E. Weishaar and published by Edward Elgar Publishing. This book was released on 2023-07-01 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: Environmental law is evolving from negotiating and prescribing environmental policies to enforcing time-bound, measurable and achievable goals in order to secure a sustainable future. This pertinent and thought-provoking book analyzes the legal instruments that have been successful in working towards requisite targets for ecological sustainability. Featuring contributions from leading scholars, this insightful book discusses the future challenges and innovative applications of environmental law to assist in achieving sustainability goals in an efficient and timely manner.

Interpreting Environmental Offences

Author : Emma Lees
Publisher : Bloomsbury Publishing
ISBN 13 : 1782259112
Total Pages : 258 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Interpreting Environmental Offences by : Emma Lees

Download or read book Interpreting Environmental Offences written by Emma Lees and published by Bloomsbury Publishing. This book was released on 2015-07-30 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the interpretation of environmental offences contained in the waste, contaminated land, and habitats' protection regimes. It concludes that the current purposive approach to interpretation has produced an unacceptable degree of uncertainty. Such uncertainty threatens compliance with rule of law values, inhibits predictability, and therefore produces a scenario which is unacceptable to the wider legal and business community. The author proposes that a primarily linguistic approach to interpretation of the relevant rules should be adopted. In so doing, the book analyses the appropriate judicial role in an area of high levels of scientific and administrative complexity. The book provides a framework for interpretation of these offences. The key elements that ought to be included in this framework-the language of the provision, the harm tackled as drafted, regulatory context, explanatory notes and preamble, and finally, purpose in a broader sense-are considered in this book. Through this framework, a solution to the certainty problem is provided.

European Community Law for the New Economy

Author : Lucas Bergkamp
Publisher : Intersentia nv
ISBN 13 : 9050952291
Total Pages : 777 pages
Book Rating : 4.0/5 (59 download)

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Book Synopsis European Community Law for the New Economy by : Lucas Bergkamp

Download or read book European Community Law for the New Economy written by Lucas Bergkamp and published by Intersentia nv. This book was released on 2003 with total page 777 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Community (EC) has embarked on an ambitious legislative program for the new economy. In European Community Law for the New Economy professor Lucas Bergkamp analyzes the EC's current and proposed new economy legislation. The new economy, according to Bergkamp, is not only the internet, the information society, and biotechnology, but also a different kind of "old" economy, a different kind of corporate governance, and a different kind of government. Accordingly, in addition to the EC e-commerce, data protection, and biotechnology legislation, this book discusses also the grand principles of EC policy making (such as sustainable development and the precautionary principle), the theory of corporate social responsibility, and EC government reform. With its wide-ranging, insightful, and engaging analyses, and devoid of obliquity, EC Law for the New Economy is a unique publication. This book must be read by everybody who wants to gain a deeper understanding of the effects of EC legislation, the root causes of regulatory failures, and possible solutions to these problems. It is of interest to lawyers, politicians, policy makers, government officials, political scientists, advanced students and autodidacts. Lucas Bergkamp is a lawyer at the Brussels Bar and Professor of International Liability Law, Erasmus University Rotterdam - The Netherlands.

The natural choice

Author : Great Britain: Department for Environment, Food and Rural Affairs
Publisher : The Stationery Office
ISBN 13 : 9780101808224
Total Pages : 84 pages
Book Rating : 4.8/5 (82 download)

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Book Synopsis The natural choice by : Great Britain: Department for Environment, Food and Rural Affairs

Download or read book The natural choice written by Great Britain: Department for Environment, Food and Rural Affairs and published by The Stationery Office. This book was released on 2011-06-07 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Research Handbook on Fundamental Concepts of Environmental Law

Author : Douglas Fisher
Publisher : Edward Elgar Publishing
ISBN 13 : 1839108320
Total Pages : 487 pages
Book Rating : 4.8/5 (391 download)

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Book Synopsis Research Handbook on Fundamental Concepts of Environmental Law by : Douglas Fisher

Download or read book Research Handbook on Fundamental Concepts of Environmental Law written by Douglas Fisher and published by Edward Elgar Publishing. This book was released on 2022-11-25 with total page 487 pages. Available in PDF, EPUB and Kindle. Book excerpt: This expanded and updated Research Handbook delivers an authoritative and in-depth guide to the conceptual foundations of environmental law. It offers a nuanced reflection on the underlying principles by exploring issues such as human rights, constitutional rights, sustainable development and environmental impact assessment within the context of environmental law.

Environmental Protection and the Common Law

Author : John Lowry
Publisher : Bloomsbury Publishing
ISBN 13 : 1847310850
Total Pages : 300 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Environmental Protection and the Common Law by : John Lowry

Download or read book Environmental Protection and the Common Law written by John Lowry and published by Bloomsbury Publishing. This book was released on 2000-06-20 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Within the broad framework of the common law of tort,the torts of nuisance and the rule in Rylands v. Fletcher are central to the protection of the rights of landowners to use and enjoy their land without unreasonable interference and to be free from material damage to their interests. Negligence actions can also serve to promote the protection of personal and property interests. Yet toxic torts are often seen as being beset by theoretical and practical drawbacks. Overall there are serious concerns about the continued value of common law principles as an effective and coherent system that is geared to protecting the environment. Environmental law is increasingly developing its own statutory regimes to address a range of environmental problems. This accentuates the sense in which the aims and reach of these two different branches of the law appear to be diverging. Questions inevitably arise about the inter-relationship between private law sphere of tort and public regulatory schemes. The contributors to this volume of essays include many of the UK's leading academics in the relevant fields of private and public law. While the essays are broadly based, the focus of the book is on the challenges posed by accommodating tort with environmental law.

Environmental Damage in International and Comparative Law

Author : Michael Bowman
Publisher : Oxford University Press, USA
ISBN 13 : 9780199255733
Total Pages : 390 pages
Book Rating : 4.2/5 (557 download)

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Book Synopsis Environmental Damage in International and Comparative Law by : Michael Bowman

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.

International Documents on Corporate Responsibility

Author : Stephen Tully
Publisher : Edward Elgar Publishing
ISBN 13 : 1845428293
Total Pages : 646 pages
Book Rating : 4.8/5 (454 download)

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Book Synopsis International Documents on Corporate Responsibility by : Stephen Tully

Download or read book International Documents on Corporate Responsibility written by Stephen Tully and published by Edward Elgar Publishing. This book was released on 2008-01-01 with total page 646 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Documents on Corporate Responsibility includes the principal international, regional and national instruments drafted by intergovernmental organisations or states as well as codes of conduct formulated by industry associations, trade unions and non-governmental organisations. The coverage includes the fields of human rights, international criminal and environmental law, labour standards, international trade, armed conflict, sustainable development, corruption, consumer protection and corporate governance. Each document is accompanied by a brief explanatory commentary outlining the historical origins of the instrument, the principal actors involved, controversial negotiation issues, applicable implementation procedure, and identifies further reference material.

Environmental Regulation Through Financial Organisations:Comparative Perspectives on the Industrialised Nations

Author : Benjamin Richardson
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041117350
Total Pages : 418 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Environmental Regulation Through Financial Organisations:Comparative Perspectives on the Industrialised Nations by : Benjamin Richardson

Download or read book Environmental Regulation Through Financial Organisations:Comparative Perspectives on the Industrialised Nations written by Benjamin Richardson and published by Kluwer Law International B.V.. This book was released on 2002-02-13 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes a comparative perspective of practice in the European Union, North America, Japan and Australasia, arguing that existing legal reforms to promote sustainable development are unlikely to be successful unless environmental policy can be diffused and embedded in the financial services sector. This sector plays a crucial role in creating the financial conditions that allow much economic development to proceed. Financial markets are already highly regulated in pursuance of various public policy objectives, and there is scope to adapt existing regulation to incorporate environmental aspects into the financial services sector. In terms of specific reforms, the book focuses on the role of corporate environmental reporting, economic instruments and liability rules to provide a proper context for engaging financial organisations with the environment, as well as reforms to the system of prudential regulation that currently governs this sector. Beyond the focus on the financial services sector, the book raises complex questions regarding the relationship between the state and market institutions in environmental policy, and will appeal to scholars from a wide range of disciplines interested in problems of environmental governance.

Enforcement of European Union Environmental Law

Author : Martin Hedemann-Robinson
Publisher : Routledge
ISBN 13 : 1135115850
Total Pages : 787 pages
Book Rating : 4.1/5 (351 download)

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Book Synopsis Enforcement of European Union Environmental Law by : Martin Hedemann-Robinson

Download or read book Enforcement of European Union Environmental Law written by Martin Hedemann-Robinson and published by Routledge. This book was released on 2015-05-15 with total page 787 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offering a detailed account of the various legal arrangements at European Union level, this book is an ideal reference tool for practitioners and legal scholars. As well as examining the principal sources of EU environmental law enforcement, it also contributes to the legal and political debates that surround the subject. Spanning three parts, the author examines the practical impact of the legal arrangements at Union level that are used to uphold EU environmental norms. Offering a comprehensive account of the current state of EU environmental law enforcement and the developments affecting it, Martin Hedemann-Robinson explores the role of the European Commission, the possibilities for private law enforcement, and the responsibilities of member state national authorities. Key legal developments that have occurred since the first edition have been incorporated, including new statutory developments and case law. Particular attention is paid to the impact of the 2007 Lisbon Treaty on foundational EU treaty provisions enabling the European Commission to take legal action against EU member states infringing Union environmental law, the establishment of a new legal architecture at Union level on the topic of environmental criminal policy, as well as increased EU legislative intervention in the area of environmental inspections. The impact of the 1998 Århus Convention on EU environmental law enforcement is also addressed in detail, including the influence of recommendations of the Århus Convention’s Compliance Committee.

International Corporate Legal Responsibility

Author : Stephen Tully
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041141898
Total Pages : 583 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis International Corporate Legal Responsibility by : Stephen Tully

Download or read book International Corporate Legal Responsibility written by Stephen Tully and published by Kluwer Law International B.V.. This book was released on 2012-01-06 with total page 583 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a systematic and structured treatment of the responsibilities of corporations under the broad conception of international law emerging from these developments, gathered under the headings of environmental protection and sustainable development, international criminal law, corporate governance, labour standards, and human rights. Touching upon a variety of areas of law and legal process – including corporations law, tort law, criminal law, contract law, securities regulation, international trade, taxation, and accounting standards – the analysis emphasises the principal applicable international legal instruments and jurisprudence and the procedural mechanisms, processes, and fora by which corporations may be adjudged responsible. Each chapter goes on to identify practical considerations for corporations as well as for those who advise and manage them.

Research Handbook on the Economics of European Union Law

Author : Thomas Eger
Publisher : Edward Elgar Publishing
ISBN 13 : 1781005273
Total Pages : 445 pages
Book Rating : 4.7/5 (81 download)

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Book Synopsis Research Handbook on the Economics of European Union Law by : Thomas Eger

Download or read book Research Handbook on the Economics of European Union Law written by Thomas Eger and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive volume comprises original essays by authors well known for their work on the European Union. Together they provide the reader with an economic analysis of the most important elements of EU law and the mechanisms for decisions within the EU. The Handbook focuses particularly on how the development of EU law negotiates the tension between market integration, national sovereignty and political democracy. The book begins with chapters examining constitutional issues, while further chapters address the establishment of a single market. The volume also addresses sovereign debt problems by providing a detailed analysis of the architecture of the EU's monetary institutions, its monetary policy and their implications. The depth and breadth of the Handbook's coverage make it an essential reference for students, scholars and policymakers interested in the complexities of the European Union.

Introduction to the Law and Economics of Environmental Policy

Author : T. Swanson
Publisher : Elsevier
ISBN 13 : 0762308885
Total Pages : 554 pages
Book Rating : 4.7/5 (623 download)

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Book Synopsis Introduction to the Law and Economics of Environmental Policy by : T. Swanson

Download or read book Introduction to the Law and Economics of Environmental Policy written by T. Swanson and published by Elsevier. This book was released on 2002-08-15 with total page 554 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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.

Carbon Capture and Storage

Author : Michael Gebert Faure
Publisher : MIT Press
ISBN 13 : 0262337320
Total Pages : 374 pages
Book Rating : 4.2/5 (623 download)

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Book Synopsis Carbon Capture and Storage by : Michael Gebert Faure

Download or read book Carbon Capture and Storage written by Michael Gebert Faure and published by MIT Press. This book was released on 2017-04-07 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: A theoretical and practical analysis of the complex liability issues raised by carbon capture and storage systems for containing greenhouse gases. Carbon capture and storage (CCS) systems inject highly compressed carbon dioxide gas deep into geological formations in order to contain the gas, and its harmful effects on the planet, for the foreseeable future and beyond—for centuries or even millennia. Used effectively, CCS could lessen the impact of climate change while carbon-free energy sources are developed. And yet CCS is not widely deployed. In this book, Michael Faure and Roy Partain offer a theoretical and practical discussion of one of the main obstacles to CCS adoption: complex liability and compensation issues. Faure and Partain point out that current liability rules are unclear in their application to CCS. Causation is complicated, and the timeline of hundreds of years goes beyond the lifetimes of people or corporations. Examining the subject from legal and economic perspectives, they consider whether rules of civil liability can govern CCS risk; how a liability system might address the open-ended timeline; what role public and private regulatory measures could play; and whether compensation should be provided from public or private resources. They investigate the utility of different forms of insurance and of such financial tools as guarantees, deposits, and catastrophe bonds. They offer not only a rigorous framework for assessing policy but also a summary of policy recommendations they develop from their findings.