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Prevention Precaution Et Responsabilite Civile
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Author : Publisher :Odile Jacob ISBN 13 :2738182755 Total Pages :406 pages Book Rating :4.7/5 (381 download)
Download or read book written by and published by Odile Jacob. This book was released on with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Science, Technology, Policy and International Law by : Justo Corti Varela
Download or read book Science, Technology, Policy and International Law written by Justo Corti Varela and published by Taylor & Francis. This book was released on 2024-10-02 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents innovative insights into the intersections between science, technology, and society, and particularly their regulation by the law. Departing from the idea that law and science have similar methods and objectives, the book deals with problems, and solutions, that source from these interactions: concerns on how to integrate scientific evidence into trials, how to best regulate new technologies, or whether technological innovations could improve democratic legitimacy, create new regulatory tools or even new spaces of regulation, and what is the impact on the society. The edited collection, by building on a functionalist and comparatist approach, offers answers to how to best integrate law, science, and technology in policy-making and reviews the current attempts made at the transnational and international levels. Case studies, ranging from emerging technologies via environmental protection to statistics, are complemented by a solid theoretical framework, all of which seek to provide readers with tools for critical thinking in the reassessment of the relationship among theory, practice, political goals, and international regulation.
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.
Book Synopsis An Inconvenient Deliberation by : Miriam Haritz
Download or read book An Inconvenient Deliberation written by Miriam Haritz and published by Kluwer Law International B.V.. This book was released on 2011-05-27 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is increasing evidence to suggest that adaptation to the inevitable is as relevant to climate change policymaking as mitigation efforts. Both mitigation and adaptation, as well as the unavoidable damage occurring both now and that is predicted to occur, all involve costs at the expense of diverse climate change victims. The allocation of responsibilities—implicit in terms of the burden-sharing mechanisms that currently exist in public and private governance—demands recourse under liability law, especially as it has become clear that most companies will only start reducing emissions if verifiable costs of the economic consequences of climate change, including the likelihood of liability, outweigh the costs of taking precautionary measures. This vitally important book asks: Can the precautionary principle make uncertainty judiciable in the context of liability for the consequences of climate change, and, if so, to what extent? Drawing on the full range of pertinent existing literature and case law, the author examines the precautionary principle both in terms of its content and application and in the context of liability law. She analyses the indirect means offered by existing legislation being used by environmental groups and affected individuals before the courts to challenge both companies and regulators as responsible agents of climate change damage. In the process of responding to its fundamental question, the analysis explores such further questions as the following: What is the role of the precautionary principle in resolving uncertainty in scientific risk assessment when faced with inconclusive evidence, and how does it affect decision-making, particularly in the regulatory choices concerning climate change? To this end, what is the concrete content of the precautionary principle? How does liability law generally handle scientific uncertainty? What different types of liability exist, and how are they equipped to handle a climate change liability claim? What type of liability is best suited for precautionary measures or a lack thereof? Can the application of the precautionary principle make a difference to the outcomes of climate change liability claims? In order to draw conclusions concerning the legal uncertainties posed by climate change, the author draws examples from national legislations representative of the various legal systems, as well as from existing treaties. General rules and obligations relevant to climate change liability are examined, and a selection of actual legal cases from around the world concerning climate change, be it actual liability claims or litigation indirectly relevant to a claim, is also presented. As an overview of the different legal challenges created by climate change liability, this book is without peer. The practical meaning and impact of these findings for lawyers (whether corporate or activist), for regulators and policymakers, and for decision-makers in governmental bodies and private companies is immeasurable.
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 2016-01-12 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: In EU Environmental Law, International Environmental Law, and Human Rights Law: The Case of Environmental Responsibility, Armelle Gouritin offers a critical appraisal of EU environmental responsibility law and asserts a new rights-based approach to international environmental law. This book addresses environmental damage, environmental harm, the grounds for environmental responsibility and the exceptions to the responsibility principle. A critical appraisal of EU Directives 2004/35 and 2008/99 is complemented by an analysis of the input of the European Court on Human Rights and international environmental law with a view to filling the gaps identified in the Directives. Gouritin offers a full analysis of the potential and limits of the rights-based approach applied to environmental responsibility.
Book Synopsis The Social and Behavioural Aspects of Climate Change by : Pim Martens
Download or read book The Social and Behavioural Aspects of Climate Change written by Pim Martens and published by Routledge. This book was released on 2017-09-08 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past few years, and certainly since the publication of the "Stern Report", there has been increasing recognition that climate change is not only an environmental crisis, but one with important social and economic dimensions. There is now a growing need for multi-disciplinary research and for the science of climate change to be usefully translated for policy-makers.Until very recently, scientific and policy emphasis on climate change has focused almost exclusively on mitigation efforts: mechanisms and regulations to reduce greenhouse gas emissions. The success of such efforts to date is debatable. In fact, the impact of ever more stringent emission control programmes could potentially have enormous social consequences. Little effort has been expended on the exploration of a systematic evaluation of climate stabilization benefits or the costs of adapting to a changed climate, let alone attempting to integrate different approaches. There is an increasing recognition that the key actors in the climate crisis also need to be preparing for change that is unavoidable. This has resulted in a greater consideration of vulnerability and adaptation.The book, based on the research programme "Vulnerability, Adaptation and Mitigation" (VAM) which ran from 2004 to 2010, funded by the Netherlands Organisation for Scientific Research (NWO), presents a cluster of case studies of industries, communities and institutions which each show how vulnerability, adaptation and mitigation analyses can be integrated using social behavioural sciences. Each chapter makes specific recommendations for the studied industry sector, community or institution, analyses the latest research developments of the field and identifies priorities for future research. The book argues that the inherent complexity of climate change will ultimately require a much more integrated response both scientifically – to better understand multiple causes and impacts – as well as at the scientific/policy interface, where new forms of engagement between scientists, policy-makers and wider stakeholder groups can make a valuable contribution to more informed climate policy and practice.The book is particularly timely as the scientific research and policy debate is shifting from one of problem-framing to new agendas that are much more concerned with implementation, the improvement of assessment methodologies from a multi-disciplinary perspective, and the reframing of current scientific understanding towards mitigation, adaptation and vulnerability. A critical element in responding to the climate change challenge will be to ensure the translation of these new scientific insights into innovative policy and practice "on the ground". This book provides some fundamental elements to answer this need.The Social and Behavioural Aspects of Climate Change: Linking Vulnerability, Adaptation and Mitigation will be essential reading for social science researchers and policy managers in the area of climate change, as well as for those who want to know what the social and behavioural sciences can contribute toward coping with climate hazards. NGOs, law firms and businesses in the energy sector or other climate related fields will also find the book of great value.
Book Synopsis Corporate Social Responsibility by : Catherine Malecki
Download or read book Corporate Social Responsibility written by Catherine Malecki and published by Edward Elgar Publishing. This book was released on 2018 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: Corporate social responsibility (CSR) is setting new missions for companies and shining a welcome light on issues such as the behaviour of board members, shared value, the well-being of stakeholders, the protection of vulnerable individuals and the roles played by public opinion and shareholders. This timely book seeks to lay the foundations for a sustainable corporate governance based on the European Commission definition of CSR as ‘the responsibility of enterprises for their impacts on society’. More generally, this sustainable corporate governance responds to some of the pressing challenges of the 21st century, from sustainable finance and climate change to carbon reduction and population growth.
Book Synopsis Current Developments in European Integration by : Dirk Heremans
Download or read book Current Developments in European Integration written by Dirk Heremans and published by Leuven University Press. This book was released on 2004 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: The subjects dealt with in the papers include the relationship between the freedoms in the EC treaty and private international law, financial regulation and supervision of banks, the international insurance market and the Euro in the new member states.
Book Synopsis The Oxford Handbook of Comparative Environmental Law by : Emma Lees
Download or read book The Oxford Handbook of Comparative Environmental Law written by Emma Lees and published by Oxford University Press. This book was released on 2019-04-25 with total page 1316 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Handbook is the first comprehensive account of comparative environmental law. It examines in detail the methodological foundations of the discipline as well as the substance of environmental law across countries from four vantage points: country studies from all continents, responses to common problems (including air pollution, water management, nature conservation, genetically modified organisms, climate change and energy, chemicals, waste), foundational components of environmental law systems (including principles, property rights, administrative and judicial organisation, command-and-control regulation, market mechanisms, informational techniques and liability mechanisms), and common interactions of environmental protection with the broader public, private, and criminal law contexts. The volume brings together the foremost authorities in this field from around the world to provide a concise, self-contained, and technically rigorous account of environmental law as a single overall system.
Book Synopsis A Partnership Approach to Crime Prevention by : Paul Ekblom
Download or read book A Partnership Approach to Crime Prevention written by Paul Ekblom and published by Council of Europe. This book was released on 2004-01-01 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt: Quel rôle les partenariats peuvent-ils jouer dans la prévention de la criminalité ? Quels doivent être les acteurs et quelles sont les clés de leur réussite ? Ce livre tente de répondre à toutes ces questions à partir d'études de cas, réalisées essentiellement au Royaume-Uni, aux Etats-Unis et en France. La première partie étudie l'importance de ces partenariats pour la prévention de la criminalité, avant de passer en revue les problèmes, y compris d'ordre financier, auxquels ils peuvent se trouver confrontés. La seconde, constitue un guide pratique des méthodes qui peuvent assurer leur réussite.
Book Synopsis Le principe de précaution en droit de la responsabilité civile by : Mathilde Boutonnet
Download or read book Le principe de précaution en droit de la responsabilité civile written by Mathilde Boutonnet and published by LGDJ. This book was released on 2005 with total page 722 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fortement médiatisé, le principe de précaution n'a encore fait l'objet d'aucune étude juridique en droit de la responsabilité civile. Cette étude a alors pour but de rendre compte de l'originalité de ce nouveau principe juridique et des rapports à la fois riches et complexes qu'il entretient avec le droit de la responsabilité civile, dont le but est, au contraire, en premier lieu indemnitaire. Dans une première partie de l'étude, Mme Boutonnet prend acte de l'émergence du principe de précaution en droit de la responsabilité civile comme principe consistant, aujourd'hui, à prévenir les dommages graves dans les domaines de l'environnement, de la santé et de la bioéthique, lorsque ces derniers atteignent certains intérêts collectifs. A ce titre, comme le montre la seconde partie de l'étude, le principe de précaution pourrait entraîner des conséquences en droit de la responsabilité civile. Au minimum, dans une finalité réparatrice, il renouvellerait l'appréciation du fait générateur, du dommage et du lien de causalité. Au maximum, il pourrait devenir un nouveau principe du droit de la responsabilité civile dont il découlerait une action préventive et collective. L'étude envisage alors la nature et le régime de cette nouvelle action en responsabilité civile, tout en démontrant que cette évolution s'effectuerait avec souplesse.
Book Synopsis Eur. Zeitschrift Des Öffentl. Rechts by :
Download or read book Eur. Zeitschrift Des Öffentl. Rechts written by and published by . This book was released on 2003 with total page 752 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis International aspects of natural and industrial catastrophes, 1995 by :
Download or read book International aspects of natural and industrial catastrophes, 1995 written by and published by Martinus Nijhoff Publishers. This book was released on 1996-12-17 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Centre for Studies and Research in International Law and International Relations froms part of the Hague Academy of International Law, and operates under the authority of its managing board and within the framework of its teaching. The Centre was established to further in-depth research in the area of international law. The topic for 1995 was The International Aspects of Natural and Industrial Catastrophes/ Les aspects internationaux des catastrophes naturelles et industrielles.
Book Synopsis Académie de droit international de la Haye by : Hague Academy of International Law
Download or read book Académie de droit international de la Haye written by Hague Academy of International Law and published by . This book was released on 2006 with total page 602 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Prévention, précaution et responsabilité civile by : Daphné Tapinos
Download or read book Prévention, précaution et responsabilité civile written by Daphné Tapinos and published by Editions L'Harmattan. This book was released on 2008-10-01 with total page 743 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tandis que la prévention est fondée sur le risque scientifique avéré, la précaution relève du risque suspecté. Cette distinction permet de qualifier la responsabilité civile en fonction du risque scientifique encouru notamment en droit de l'environnement ou de la santé, en proie aux risques sériels. La gravité des dommages résultant d'un défaut de prévention ou de précaution face aux limites des modalités actuelles d'indemnisation et de garantie conduit à s'interroger sur l'opportunité d'en prévenir la réalisation...
Download or read book Revue juridique Thémis written by and published by . This book was released on 2000 with total page 964 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Développements récents du droit de la responsabilité civile by : Olivier Guillod
Download or read book Développements récents du droit de la responsabilité civile written by Olivier Guillod and published by . This book was released on 1991 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: