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Author: Mark Wilde
Publisher:
ISBN: 9789041132338
Category : Environmental law
Languages : en
Pages : 0
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Book Description
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.
Author: Council of Europe
Publisher: Council of Europe
ISBN: 9789287123206
Category : Law
Languages : en
Pages : 44
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Book Description
Opposite pages bear duplicate numbering. - Parallel text in French & English. Parallel French title: Convention sur la responsabilitâ civile des dommages râsultant d'activitâs dangereuses pour l'environment
Author: Philippe Sands
Publisher: Cambridge University Press
ISBN: 9780521832663
Category : Law
Languages : en
Pages : 1342
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Book Description
The companion volume to the second edition of Philippe Sands' Principles of International Environmental Law.
Author: Lucas Bergkamp
Publisher: BRILL
ISBN: 900447904X
Category : Law
Languages : en
Pages : 734
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Book Description
Liability and Environment analyzes the role of law, in particular civil liability, in controlling environmental pollution and risk. In modern environmental policy, liability has become a popular instrument. In this book, Prof. Bergkamp takes a fresh look at civil liability for environmental harm in an inter- and transnational context. Over the last decade, industry's liability exposure for environmental harm has expanded significantly. At the international, EC, and national level proposals for onerous strict environmental liability regimes are pending. The `polluter pays principle', which is an articulation of the `cost internalization' theory in the environmental area, is believed to justify such liability regimes. Applying an instrumental approach to legal instruments, Prof. Bergkamp aims to redefine the role of liability in the heavily regulated environmental area. He shows that liability for environmental harm is not justified by the polluter pays principle, is an uncertain and unreliable instrument for achieving prevention, results in an inefficient insurance scheme, and plays a dubious role in adjusting activity levels. Based on an analysis of the basic characteristics of alternative legal instruments, Prof. Bergkamp concludes that civil liability should play a more modest, limited role in an environmental law system dominated by public law. Where deterrence is not the objective, first party insurance, compensation funds, or other public law regimes should be preferred over liability rules. In addition to civil liability of private parties, Liability and Environment discusses State liability under international, EC, and national law. Under international law, breach of a primary obligation triggers a State's liability. Prof. Bergkamp argues that this rule should be applied also to liability of private parties. In the environmental area, a business' primary obligations are spelled out in detailed permit conditions, regulations, and statutes. According to Prof. Bergkamp, only if a primary obligation is breached, a private person should be liable for environmental harm. The system that Bergkamp advocates is an objective fault liability regime, in which public environmental law defines the standard of care for both government and industry. "In rebuilding our civil liability system, we should keep in mind that what is good for industry should be good for everyone (or it is not good for anyone), we should keep in mind that what is good for private parties should be good for the state (or it is not good for either). In rebuilding our civil liability system, the international law of State responsibility, which is unpolluted by risk spreading and activity level considerations, will guide us a long way." This book is aimed at advanced law students, academic scholars, and practitioners. In addition, it will be of interest to policy and legislative analysts, legislators, and government officials. Professor Bergkamp's book cannot be described as "solving" the problems of legal and regulatory control of environmental harm, whether within a nation or internationally. As suggested before, however, the very idea of a "solution" is illusory. All legal and regulatory regimes around the world are today and will remain for the future in a state of perpetually continuing development. The virtue of this fine book is that it moves the process of that development forward by a very substantial measure. from the Foreword by George L. Priest.
Author: International Union for Conservation of Nature and Natural Resources. Commission on Environmental Law
Publisher: IUCN
ISBN: 9782831705248
Category : Business & Economics
Languages : en
Pages : 226
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Book Description
This is an updated edition of the 1995 version. In the mid-1980's, the IUCN CEL, in consultation with leading experts from around the world, began to respond to a need later identified by Agenda 21: the preparation of an integrated framework for international environmental law.
Author: Jorge E. Viñuales
Publisher: OUP Oxford
ISBN: 0191510424
Category : Law
Languages : en
Pages : 831
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Book Description
The international community has long grappled with the issue of safeguarding the environment and encouraging sustainable development, often with little result. The 1992 Rio Declaration on Environment and Development was an emphatic attempt to address this issue, setting down 27 key principles for the international community to follow. These principles define the rights of people to sustainable development, and the responsibilities of states to safeguard the common environment. The Rio Declaration established that long term economic progress required a connection to environmental protection. It was designed as an authoritative and comprehensive statement of the principles of sustainable development law, an instrument to take stock of the past international and domestic practice, a guide for the design of new multilateral environmental regimes, and as a reference for litigation. This commentary provides an authoritative and comprehensive overview of the principles of the Declaration, written by over thirty inter-disciplinary contributors, including both leading practitioners and academics. Each principle is analysed in light of its origins and rationale. The book investigates each principle's travaux préparatoires setting out the main points of controversy and the position of different countries or groups. It analyses the scope and dimensions of each principle, providing an in-depth understanding of its legal effects, including whether it can be relied before a domestic or international court. It also assesses the impact of the principles on subsequent soft law and treaty development, as well as domestic and international jurisprudence. The authors demonstrate the ways in which the principles interact with each other, and finally provide a detailed analysis of the shortcomings and future potential of each principle. This book will be of vital importance to practitioners, scholars, and students of international environomental law and sustainable development.
Author: Michael G. Faure
Publisher: Cambridge University Press
ISBN: 1108429483
Category : Business & Economics
Languages : en
Pages : 397
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Book Description
A detailed overview of the law-and-economics methodology developed and employed by environmental lawyers and policymakers.
Author: Council of Europe
Publisher: Council of Europe
ISBN: 9287159807
Category : Science
Languages : en
Pages : 90
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Book Description
Prepared by government experts from all 46 member states of the Council of Europe, this publication seeks to help promote a better understanding of the relationship between human fights and environmental issues by setting out details of relevant case-law of the European Court of Human Rights and the principles upon which these judgements are based. These include: the right to life (Article 2), the right to respect for family life (Article 8), the right to a fair trial and access to a court (Article 6) and the right to receive and impart information and ideas (Article 10) of the European Convention on Human Rights.
Author: Sandra Cassotta
Publisher: Kluwer Law International B.V.
ISBN: 9041141979
Category : Law
Languages : en
Pages : 424
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Book Description
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.
Author: Tomoko Ishikawa
Publisher: Cambridge University Press
ISBN: 1316513971
Category : Business & Economics
Languages : en
Pages : 343
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Book Description
Explores the 'unexhausted' potential in current investor-state dispute settlement mechanisms to advance investors' responsibility for their conduct.
Author: Wouter Vandenhole
Publisher: Routledge
ISBN: 1317628969
Category : Law
Languages : en
Pages : 232
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Book Description
Human rights have traditionally been framed in a vertical perspective with the duties of States confined to their own citizens or residents. Interpretations of international human rights treaties tend either to ignore or downplay obligations beyond this ‘territorial space’. This edited volume challenges the territorial bias of mainstream human rights law. It argues that with increased globalisation and the impact of international corporations, organisations and non-State actors, human rights law will become less relevant if it fails to adapt to changing realities in which States are no longer the only leading actor. Bringing together leading scholars in the field, the book explores potential applications of international human rights law in a multi-duty bearer setting. The first part of the book examines the current state of the human rights obligations of foreign States, corporations and international financial institutions, looking in particular at the ways in which they address questions of attribution and distribution of obligations and responsibility. The second part is geared towards the identification of common principles that may underpin a human rights legal regime that incorporates obligations of foreign States as well as of non-State actors. As a marker of important progress in understanding what lies ahead for integrating foreign States and non-State actors in the human rights dutybearer regime, this book will be of great interest to scholars and practitioners of international human rights law, public international law and international relations.
