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Author: Jason Rudall
Publisher: Routledge
ISBN: 1000034941
Category : Law
Languages : en
Pages : 172
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Book Description
Inspired by recent litigation, this book identifies and critically appraises the manifold and varied approaches to calculating compensation for damage caused to the environment. It examines a wide range of practice on compensation – in general and specifically for environmental damage – from that of international courts and tribunals, as well as international commissions and regimes, to municipal approaches and other disciplines such as economics and philosophy. Compensation for Environmental Damage Under International Law synthesises these approaches with a view to identifying their blind spots, bringing clarity to an area where there exists broad discrepancy, and charting best practices that appropriately balance the manifold interests at stake. In particular, it is argued that best practice methodologies should ensure compensation serves to fully repair the environment, reflect the emerging ecosystems approach and any implications environmental damage may have for climate change, as well as take into account relevant equitable considerations. This book is essential reading for academics, practitioners and students working in the field of environmental law.
Author: Jason Rudall
Publisher: Routledge
ISBN: 1000034941
Category : Law
Languages : en
Pages : 172
Get Book Here
Book Description
Inspired by recent litigation, this book identifies and critically appraises the manifold and varied approaches to calculating compensation for damage caused to the environment. It examines a wide range of practice on compensation – in general and specifically for environmental damage – from that of international courts and tribunals, as well as international commissions and regimes, to municipal approaches and other disciplines such as economics and philosophy. Compensation for Environmental Damage Under International Law synthesises these approaches with a view to identifying their blind spots, bringing clarity to an area where there exists broad discrepancy, and charting best practices that appropriately balance the manifold interests at stake. In particular, it is argued that best practice methodologies should ensure compensation serves to fully repair the environment, reflect the emerging ecosystems approach and any implications environmental damage may have for climate change, as well as take into account relevant equitable considerations. This book is essential reading for academics, practitioners and students working in the field of environmental law.
Author: Enetjärn, Anders (Enetjärn Natur)
Publisher: Nordic Council of Ministers
ISBN: 9289343362
Category : Business & Economics
Languages : en
Pages : 147
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Book Description
Environmental impacts are increasing due to human activities. The overuse of the benefits nature provides us is the direct result of our failure to put a price on these benefits. One way of addressing this is to require environmental compensation. The purpose of the study is to provide Nordic Council of Ministers and national decision-makers with an overview of key conditions for increased, flexible and cost-effective application of compensation. The study shows that for a relatively small cost society can make a significant investment in the provision of biodiversity and ecosystem services by requiring compensation. The study outlines three main recommendations on how to increase the use of environmental compensation: 1. Stimulate supply of, and demand for, compensation 2. Clarify and supplement guidelines and legal framework 3. Strengthen Nordic cooperation on compensation
Author: Carole Stern Switzer
Publisher: American Bar Association
ISBN: 9781590311165
Category : Law
Languages : en
Pages : 160
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Book Description
This is the fifth book in a series that concentrates on basic information for the environmental law practitioner. In this instance, the focus is on the Comprehensive Environmental Response, Compensation and Liability Act of 1980.
Author: Flavia Marisi
Publisher: Kluwer Law International B.V.
ISBN: 9403517301
Category : Law
Languages : en
Pages : 302
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Book Description
Environmental Interests in Investment Arbitration Challenges and Directions Flavia Marisi Economic growth, social inclusion, and environmental protection stand at the core of sustainable development, which aims to deliver long-term growth for current and future generations. Foreign Direct Investment (FDI) can play a key role in sustainable development. Host states’ benefits descending from FDI inflows include tax revenues, technology transfer, specialised training of local human resources, network with satellite activities, better availability of quality products and customer-centric services. These downstream effects jointly stimulate economic growth and social inclusion. This thoroughly researched book explores the relationship between environmental protection – the third component of sustainable development – and FDI. In practice, the intersection between environmental protection and foreign investment not only has generated remarkable success stories such as cross-sectoral green investment but has also in some instances led to severe cases of environmental degradation. Certain foreign investments resulted in open-pit mines leaking harmful substances into the soil, excessive deforestation, improper treatment of water, pollution of groundwater and contamination of mud pits following oil exploitation, leaving the host state with significant environmental damage. Some other cases have witnessed the host state withdrawing or infringing its own environmental policies, which could, in principle, lead to a decrease in the value of the foreign investment as a result of natural resources deterioration. In recent years, an increasing number of investment arbitration cases have seen a clash between the states’ commitments towards their citizens, which include the duty to protect the environment, their health and well-being, and the commitment towards foreign investors to protect their investments. In this book, the author focuses on investor-state cases in which environmental protection measures have been contested and discusses substantive mechanisms in treaty drafting, rules of Customary International Law, and interpretation doctrines, which are aimed at taking environmental concerns into consideration. The topics covered include the following: statistical analysis of investor-state cases where environmental protection measures have been contested; the role of environmental principles in investor-state arbitration; treaty mechanisms addressing environmental concerns; legal tools available under Customary International Law to address environmental interests; the application of the doctrines of proportionality, police powers, and margin of appreciation; and environmental counterclaims as an instrument to claim compensation for environmental damage. The author provides a detailed framework on the normative architecture, offers an extensive analysis of the relevant case law, and proposes concrete solutions to the identified clashes, aimed at refining the balance between environmental and investment protection. With its in-depth analysis and careful documentation, this book aptly captures the inherent fragmentation of international law and undoubtedly represents an invaluable resource for both international law practitioners and scholars. The solution-oriented approach adopted in the book will be welcomed by legal counsel, law firms, investment treaty negotiators, and decision makers at the different stages of investment lawmaking and practice, as well as by international institutions and academics.
Author: United States
Publisher:
ISBN:
Category : Hazardous substances
Languages : en
Pages : 232
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Book Description
Author: Maria João C. Pereira Rolim
Publisher: Kluwer Law International B.V.
ISBN: 9403514655
Category : Law
Languages : en
Pages : 491
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Book Description
Challenged by sustainability imperatives, the world faces a transition in how it uses and produces energy. Yet, despite the indisputable interdependence between energy and the environment, law in these two areas has developed separately, with little consideration for how the logic and aims of each might be reconciled. This innovative book addresses this crucial nexus, exploring the role that law must inevitably play as the effects of fossil fuel–induced climate change continue to radically affect every aspect of life on Earth. Focusing on the emerging concept of reflexive regulation, the analysis takes giant steps in paving the way for effective legal engagement in the energy transition process. Issues and topics explored in detail include the following: energy’s distinctive characteristic as an economic activity that works in a chain; relation of physical aspects of energy to its legal and social dimensions; main aspects of regulation, environmental law and the concept of sustainability; specific security of supply challenges faced by the industry; and emergence and worldwide adoption of the environmental impact assessment as a procedural mechanism and its connection with Reflexive Regulation. The author supports her arguments with detailed and critical examination of the regulation theoretical framework and includes citations of case law, rules and regulations from diverse jurisdictions. A case study on the development of the Brazilian electricity sector – an exemplary case, considering the country’s abundance of natural energy resources, industrial efficiency prerogatives, regulatory incentives to ensure investment in supply expansion, and increasing demands in meeting sustainability objectives, all as highlighted by ongoing litigation – illustrates the arguments put forward. This book makes a substantial contribution to developing a framework aimed at linking potential divergent policy objectives in diverse and distinct interdependent fields. It will be welcomed by energy and environmental lawyers and policy makers, as well as by economists, scholars and other professionals concerned with the meaning of law and regulation in relation to energy, the environment and development, and the possible roles law and regulation may play in a pressing scenario of change.
Author: Neil Craik
Publisher: Cambridge University Press
ISBN: 1108496229
Category : Law
Languages : en
Pages : 319
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Book Description
A full examination of global legal rules governing liability for environmental harm in areas beyond the national jurisdiction of states.
Author: Asian Development Bank
Publisher: Asian Development Bank
ISBN: 929092201X
Category : Business & Economics
Languages : en
Pages : 521
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Book Description
The new Accountability Mechanism became effective on 24 May 2012 after a full-scale review of the 2003 version. The review resulted in clearer and closer collaboration between the functions of problem solving—handled by the Office of the Special Project Facilitator (OSPF)—and those of compliance review by the Office of the Compliance Review Panel (OCRP). This report marks the first joint Accountability Mechanism Annual Report of the OSPF and OCRP in the spirit of promoting synergy in the new Accountability Mechanism. It outlines complaint-related activities of the OSPF and OCRP in 2012 and touches on its outreach and the information-sharing initiatives of the new Accountability Mechanism. Background ADB's Accountability Mechanism allows persons affected by ADB-assisted projects to submit complaints about harm resulting from those projects. It is guided by the principles of: responsiveness to project-affected persons’ concerns; fairness to all stakeholders; independence and transparency; cost effectiveness and efficiency; and complementing other ADB systems (including supervision, audit, and quality control).
Author: Clive G. Jones
Publisher: Springer Science & Business Media
ISBN: 1461517737
Category : Science
Languages : en
Pages : 403
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Book Description
I was asked to introduce this volume by examining "why a knowledge of ecosys tem functioning can contribute to understanding species activities, dynamics, and assemblages." I have found it surprisingly difficult to address this topic. On the one hand, the answer is very simple and general: because all species live in ecosystems, they are part of and dependent on ecosystem processes. It is impossible to understand the abundance and distribution of populations and the species diversity and composition of communities without a knowledge of their abiotic and biotic environments and of the fluxes of energy and mat ter through the ecosystems of which they are a part. But everyone knows this. It is what ecology is all about (e.g., Likens, 1992). It is why the discipline has retained its integrity and thrived, despite a sometimes distressing degree of bickering and chauvinism among its various subdisciplines: physiological, be havioral, population, community, and ecosystem ecology.
Author: William N. Rom
Publisher: Lippincott Williams & Wilkins
ISBN: 9780781762991
Category : Medical
Languages : en
Pages : 1862
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Book Description
PROPOSAL DESCRIPTION: Now in its updated Fourth Edition, this classic text provides comprehensive coverage of all aspects of occupational and environmental medicine. The book offers accurate, current information on the history, causes, prevention, and treatment of a wide range of environmental and occupational diseases and includes numerous case studies.This edition includes more information on gene-environment interactions. The section on air pollution has been completely reorganized. Other Fourth Edition highlights include expanded coverage of government responses to the field and a new chapter on children's environmental health. Now in its updated Fourth Edition, this classic text provides comprehensive coverage of all aspects of occupational and environmental medicine. The book offers accurate, current information on the history, causes, prevention, and treatment of a wide range of environmental and occupational diseases and includes numerous case studies. This edition includes more information on gene-environment interactions. The section on air pollution has been completely reorganized. Other Fourth Edition highlights include expanded coverage of government responses to the field and a new chapter on children's environmental health.
