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Environmental Liability And The Interplay Between Eu Law And International Law
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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 . This book was released on 2024 with total page 0 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.
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.
Book Synopsis The EU Maritime Safety Policy and International Law by : Henrik Ringbom
Download or read book The EU Maritime Safety Policy and International Law written by Henrik Ringbom and published by BRILL. This book was released on 2008-07-25 with total page 620 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comprehensive international law analysis of the European Union’s maritime safety legislation.
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.
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.
Book Synopsis The Aarhus Convention at Ten by : Marc Pallemaerts
Download or read book The Aarhus Convention at Ten written by Marc Pallemaerts and published by Apollo Books. This book was released on 2011 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: On 30 October 2011, it will be exactly ten years ago that the Convention on Access to information, Public Participation in Decision-making and Access to Justice in Environmental Matters, signed by representative of 35 States and the European Community at a pan-European ministerial conference in the Danish city of Aarhus in 1998, entered into force. This multilateral treaty, negotiated under the auspices of the UN Economic Commission for Europe, represents the most comprehensive and ambitious effort to establish international legal standards in the field of citizens' environmental rights to date. Though some of these standards were inspired by earlier EU environmental legislation, many provisions of the Aarhus Convention went beyond the rights already guaranteed by the EU and compelled the European Commission to propose new legislature acts, most of which were adopted between 2003 and 2006, to bring EU environmental law up to the Convention's standards. Since its adoption over a --
Book Synopsis European Environmental Law by : Jan Jans
Download or read book European Environmental Law written by Jan Jans and published by Springer. This book was released on 1995 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: European Environmental Law discusses a number of questions arising in connection with the relationship between European law and national environmental law, such as the legal basis of European environmental law, its transposition and implementation in the national legal orders, the relationship between environmental law and the internal market. The final chapter surveys the most important EC legislation on the environment. Audience: Lawyers interested in the European dimension of environmental law.
Book Synopsis The Environment, Risk and Liability in International Law by : Julio Barboza
Download or read book The Environment, Risk and Liability in International Law written by Julio Barboza and published by BRILL. This book was released on 2010-12-17 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Environment, Risk and Liability in International Law explains the important role liability plays in risk management and environmental protection in the realm of International Law.
Book Synopsis International and European Environmental Law with Reference to German Environmental Law by : Lothar Knopp
Download or read book International and European Environmental Law with Reference to German Environmental Law written by Lothar Knopp and published by Lexxion Verlag. This book was released on 2008 with total page 10 pages. Available in PDF, EPUB and Kindle. Book excerpt: This guide has been conceived as a companion to students of international study programs, who are required to take courses in environmental law, to help them navigate their way through the subject matter, especially in the area of international and European environmental law. The target group is not limited to students with previous legal knowledge; it especially includes those who are not law students but are studying law as a complementary subject. In a condensed manner, the guide provides an overview of the fundamentals and most significant developments of environmental law, focusing on international and European environmental law. This is done by deliberately making connections to German environmental law in order to illustrate and make comprehensible the interplay between international environmental law, European environmental law, and - in referring to the German case - national environmental law. Drawing on climate protection as an example of global significance, the relations between these three levels are explored in-depth and their foundations and development are discussed.
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.
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.
Book Synopsis The Oxford Handbook of International Environmental Law by : Daniel Bodansky
Download or read book The Oxford Handbook of International Environmental Law written by Daniel Bodansky and published by Oxford University Press, USA. This book was released on 2008 with total page 1080 pages. Available in PDF, EPUB and Kindle. Book excerpt: Taking stock of all the major developments in the field of international environmental law, this text explores core assumptions and concepts, basic analytical tools and key challenges.
Book Synopsis EU Environmental Law by : Ludwig Krämer
Download or read book EU Environmental Law written by Ludwig Krämer and published by . This book was released on 2015-10-22 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: This acclaimed text provides in-depth examination of environmental law at the EC level. It focuses on the policies driving European community practice in environmental matters, considering the origins of the relevant sections of the EC Treaty.
Book Synopsis The Oxford Handbook of International Environmental Law by : Lavanya Rajamani
Download or read book The Oxford Handbook of International Environmental Law written by Lavanya Rajamani and published by Oxford University Press. This book was released on 2021-08-06 with total page 1104 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second edition of this leading reference work provides a comprehensive discussion of the dynamic and important field of international law concerned with environmental protection. It is edited by globally-recognised international environmental law scholars, Professor Lavanya Rajamani and Professor Jacqueline Peel, and features 67 chapters authored by 76 renowned experts in their fields. The Handbook discusses the key principles underpinning international environmental law, its relevant actors and tools, and rules applying in its substantive sub-fields such as climate law, oceans law, wildlife and biodiversity law, and hazardous substances regulation. It also explores the intersection of international environmental law with other areas of international law, such as those concerned with trade, investment, disaster, migration, armed conflict, intellectual property, energy, and human rights. The Handbook sets its discussion of international environmental law in the broader interdisciplinary context of developments in science, ethics, politics and economics, which inform the way in which environmental rules are made, implemented, and enforced. It provides an introduction to the foundations of international environmental law while also engaging with questions at the frontiers of research, teaching, and practice in the field, including the role of Global South perspectives, the contribution made by Earth jurisprudence, and the growing role of a diverse range of actors from indigenous peoples to business and industry. Like the first edition, this second edition of the Handbook is an essential reference text for all engaged with environmental issues at the international level and the applicable governance and regulatory structures.
Book Synopsis International Environmental Law by : Pierre-Marie Dupuy
Download or read book International Environmental Law written by Pierre-Marie Dupuy and published by Cambridge University Press. This book was released on 2018-06-07 with total page 597 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Environmental Law offers a concise, conceptually clear, and legally rigorous introduction to contemporary international environmental law and practice. The book covers all major environmental agreements, paying particular attention to their underlying structure, main legal provisions, and practical operation. It blends legal and policy analysis, making extensive reference to the jurisprudence and scholarship, and addressing the interconnections with other areas of international law, including human rights, humanitarian law, trade and foreign investment. The material is structured into four sections - foundations, substantive regulation, implementation, and influence on other areas of international law - which help the reader to navigate the different areas of international environmental law. Each chapter includes charts summarising the main components of the relevant legal frameworks and provides a detailed bibliography. Suitable for practicing and academic international lawyers who want an accessible, up-to-date introduction to contemporary international environmental law, as well as non-lawyers seeking a concise and clear understanding of the subject.
Book Synopsis Environmental Protection of International Watercourses under International Law by : Owen McIntyre
Download or read book Environmental Protection of International Watercourses under International Law written by Owen McIntyre and published by Routledge. This book was released on 2016-05-13 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: McIntyre's work explains the legal means by which requirements of environmental protection influence the determination of a reasonable and equitable regime for allocating rights to riparian states to utilize shared freshwater resources. The work examines the means and processes by which environmental considerations can act upon the operation of the principle of equitable utilization. The volume provides a comprehensive analysis of the subject, outlining the development, scope and operation in general and customary international law of key rules of environmental protection.
Book Synopsis The Interface Between EU and International Law by : Inge Govaere
Download or read book The Interface Between EU and International Law written by Inge Govaere and published by Bloomsbury Publishing. This book was released on 2019-05-16 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite their many obvious interconnections, EU and international law are all too often studied and practised in different spheres. While it is natural for each to insist on its own unique characteristics, and in particular for the EU to emphasise its sui generis nature, important insights might be lost because of this exclusionary approach. This book aims to break through some of those barriers and to show how more interaction between the two spheres might be encouraged. In so doing, it offers a constitutional dimension but also a substantive one, identifying policy areas where EU and international law and their respective actors work alongside each other. Offering a 360-degree view on both EU and international institutional and substantive law, this collection presents a refreshing perspective on a longstanding issue.
