Environmental Liability and Ecological Damage In European Law

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Publisher :
ISBN 13 : 9780511412295
Total Pages : pages
Book Rating : 4.4/5 (122 download)

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Book Synopsis Environmental Liability and Ecological Damage In European Law by : Monika Gimpel-Hinteregger

Download or read book Environmental Liability and Ecological Damage In European Law written by Monika Gimpel-Hinteregger and published by . This book was released on 2008 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

The EU Environmental Liability Directive

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Publisher : Oxford University Press
ISBN 13 : 0199670013
Total Pages : 406 pages
Book Rating : 4.1/5 (996 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 Oxford University Press. This book was released on 2013-03-14 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2004 Environmental Liability Directive (ELD) created a legal regime for the restoration of environmental damage that was novel to all EU Member States. This is the first book to provide a comprehensive commentary on legal issues arising under the ELD as well as guidance on interpreting and applying the ELD.

White Paper on Environmental Liability

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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:

Environmental Damage and Liability Problems in a Multilevel Context

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041141979
Total Pages : 280 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Environmental Damage and Liability Problems in a Multilevel Context by : Sandra Cassotta

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.

Liability and Environment

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Publisher : BRILL
ISBN 13 : 900447904X
Total Pages : 734 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Liability and Environment by : Lucas Bergkamp

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.

Equivalency Methods for Environmental Liability

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Publisher : Springer
ISBN 13 : 9048198127
Total Pages : 281 pages
Book Rating : 4.0/5 (481 download)

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Book Synopsis Equivalency Methods for Environmental Liability by : Joshua Lipton

Download or read book Equivalency Methods for Environmental Liability written by Joshua Lipton and published by Springer. This book was released on 2018-02-12 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book is the only technical volume that explains how equivalency analysis methods mentioned in Annex II of the European Environmental Liability Directive should be implemented. It uses case studies to illustrate real-world application of the methods, which are based on the experience in the USA and in the European Union and have been tested in three years of training programs funded by the European Commission. Academically rigorous and technically comprehensive, the book is intended for technical experts wanting to assess damage and remediation options as well as for decision-makers wishing to commission such assessments and judge their quality. These include competent authorities, operators, financial security providers, academics, consultants and NGOs.

Environmental Liability and Ecological Damage In European Law

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Publisher : Cambridge University Press
ISBN 13 : 9780521889971
Total Pages : 760 pages
Book Rating : 4.8/5 (899 download)

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Book Synopsis Environmental Liability and Ecological Damage In European Law by : Monika Hinteregger

Download or read book Environmental Liability and Ecological Damage In European Law written by Monika Hinteregger and published by Cambridge University Press. This book was released on 2008-07-24 with total page 760 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing a comprehensive analysis of environmental liability law in Europe, this book offers a general introduction to the status of environmental liability in Europe. It describes the relevant international treaties and the EC-Environmental Liability Directive and discusses the conflict of laws issues regarding transfrontier environmental damage. It also contains the results of a comparative project covering 14 jurisdictions in 13 European countries (Austria, Belgium, England and Wales, Finland, France, Germany, Greece, Ireland, Italy, Netherlands, Portugal, Scotland, Spain, Sweden) on the private law aspects of environmental liability. It addresses the main problems of the application of tort law in environmental law, such as the availability of non-fault liability, the establishment of causation, the scope of available remedies and the issue of legal standing. Due to the very limited harmonizing effect of the EC-Environmental Liability Directive national tort law will keep its importance in the field of environmental liability.

Environmental Liability and the Interplay between EU Law and International Law

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Publisher : Routledge
ISBN 13 : 1317385969
Total Pages : 253 pages
Book Rating : 4.3/5 (173 download)

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Book Synopsis Environmental Liability and the Interplay between EU Law and International Law by : Emanuela Orlando

Download or read book Environmental Liability and the Interplay between EU Law and International Law written by Emanuela Orlando and published by Routledge. This book was released on 2023-07-24 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: The role of law in responding to global environmental problems and the interplay between different levels of regulation and governance is becoming increasingly relevant in the field of liability and reparation for environmental damage. This book examines the relationship and reciprocal influences between the EU and the international legal order in a multilevel and comparative perspective, in relation to the ongoing efforts to elaborate effective regimes of liability and reparation for environmental damage. It offers a comparative analysis of legal developments in the field of environmental liability within the EU and at the international law level and addresses questions concerning the impact of such interaction on the development, implementation and enforcement of appropriate responses to environmental damage within the respective legal orders and on a global level. Given the book’s focus and the transnational legal dimension of the issues covered, this volume will be of great interest to legal academics and researchers working in the environmental law field from an EU law and international law perspective, as well as more generally to scholars interested in the study of the relationship between EU and international law. Outside academia, the book will also be of great interest to practitioners wishing to get insights into the application of the law of environmental liability in the EU and at the international law level.

EU Environmental Law, International Environmental Law, and Human Rights Law

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Publisher : BRILL
ISBN 13 : 900430214X
Total Pages : 428 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis EU Environmental Law, International Environmental Law, and Human Rights Law by : Armelle Gouritin

Download or read book EU Environmental Law, International Environmental Law, and Human Rights Law written by Armelle Gouritin and published by BRILL. This book was released on 2016-01-21 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU Environmental Law, International Environmental Law, and Human Rights Law: The Case of Environmental Responsibility offers a critical appraisal of EU environmental responsibility law and the input of a rights-based approach and international environmental law.

Civil Liability for Environmental Damage

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Publisher :
ISBN 13 : 9789041132338
Total Pages : 0 pages
Book Rating : 4.1/5 (323 download)

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Book Synopsis Civil Liability for Environmental Damage by : Mark Wilde

Download or read book Civil Liability for Environmental Damage written by Mark Wilde and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Civil Liability for Environmental Damage:A Comparative Analysis of Law and Policy in Europe and the United States

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Publisher : Springer
ISBN 13 : 9789041118912
Total Pages : 0 pages
Book Rating : 4.1/5 (189 download)

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Book Synopsis Civil Liability for Environmental Damage:A Comparative Analysis of Law and Policy in Europe and the United States by : Mark Wilde

Download or read book Civil Liability for Environmental Damage:A Comparative Analysis of Law and Policy in Europe and the United States written by Mark Wilde and published by Springer. This book was released on 2002-08-14 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

EU Environmental Law

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Publisher : Edward Elgar Publishing
ISBN 13 : 1782549188
Total Pages : 384 pages
Book Rating : 4.7/5 (825 download)

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Book Synopsis EU Environmental Law by : Geert Van Calster

Download or read book EU Environmental Law written by Geert Van Calster and published by Edward Elgar Publishing. This book was released on 2017-02-24 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU Environmental Law discusses the reality for legal practice throughout the EU, as environmental law of the Member States is becoming ever less 'national'. Consequentially European environmental regulation is becoming more complex and interrelated, making it an emerging field of study for European law graduates, and an area of increasing exposure to the legal profession. This book gives readers a thorough overview of core European environmental law, with a section on the basic framework and principles, as well as on substantive law issues giving insight into the legislation in the different sectors and the most topical developments.

The Law of Environmental Damage

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041111289
Total Pages : 696 pages
Book Rating : 4.1/5 (112 download)

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Book Synopsis The Law of Environmental Damage by : Marie-Louise Larsson

Download or read book The Law of Environmental Damage written by Marie-Louise Larsson and published by Martinus Nijhoff Publishers. This book was released on 1999-03-02 with total page 696 pages. Available in PDF, EPUB and Kindle. Book excerpt: From its starting point within international law, throughout its progression from regional to national law, "The Law of Environmental Damage" combines the disciplines of environmental law, liability law and insurance in its analysis of the development of reparative environmental law. In the model adopted, three generations of reparative schemes are identified, based on civil liability or administrative liability or self-taken measures from the area of insurance. The analysis applied is based on factors of standard and designation of liability, as well as the definition and assessment of environmental damage. Issues such as environmental lender liability and damage to public natural resources are highlighted. The results of the study are evaluated within the framework of a theory of environmental efficiency; among other factors, the reparative effect of liability rules is discussed.

Marine Resource Damage Assessment

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Publisher : Springer Science & Business Media
ISBN 13 : 1402033680
Total Pages : 289 pages
Book Rating : 4.4/5 (2 download)

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Book Synopsis Marine Resource Damage Assessment by : F. Maes

Download or read book Marine Resource Damage Assessment written by F. Maes and published by Springer Science & Business Media. This book was released on 2006-06-29 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: The main focus of this important book is on civil liability regimes to compensate for ecological/environmental damage, the impact of EC decision-making on the international regime for oil pollution damage, the use of environmental funds in this respect, the economic valuation of damage to the environment from a theoretical perspective and the application of the Contingent Valuation Method in Belgium for ecological damage at sea.

Environmental Damage in International and Comparative Law

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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.

Climate Change Liability

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Publisher : Edward Elgar Publishing
ISBN 13 : 1849806020
Total Pages : 305 pages
Book Rating : 4.8/5 (498 download)

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Book Synopsis Climate Change Liability by : Michael Faure

Download or read book Climate Change Liability written by Michael Faure and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book sheds new light on the growing issue of using liability as a tool for both preventing and compensating for the damage caused by climate change. Michael Faure and Marjan Peeters have brought together a selection of expert contributors who explore a variety of both national and European perspectives on the topic. Climate change liability is no longer only a theoretical idea since climate changelitigation has become so hotly debated and this book examines to what extent it can be used for mitigation and adaptation issues. Chapters discuss the potential role of liability within various legal systems, like the national systems of the USA and The Netherlands, but also EU and ECHR law. Liability is outlined in a broad perspective since not only compensation for damage suffered by plaintiffs isdiscussed, but also the need for prevention in order to obtain a reduction of greenhouse gases.

Environmental Criminal Liability and Enforcement in European and International Law

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Publisher : BRILL
ISBN 13 : 9004195882
Total Pages : 389 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Environmental Criminal Liability and Enforcement in European and International Law by : Ricardo Pereira

Download or read book Environmental Criminal Liability and Enforcement in European and International Law written by Ricardo Pereira and published by BRILL. This book was released on 2015-09-17 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: Environmental Criminal Liability and Enforcement in European and International Law assesses the legal, theoretical and practical implications of interstate cooperation aimed at harmonising environmental criminal law standards. The book analyses the rationales for criminalisation of environmental offences and the approaches to harmonisation under specific European and international legal instruments.