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Author: Julio Barboza
Publisher: Martinus Nijhoff Publishers
ISBN: 9004188789
Category : Law
Languages : en
Pages : 231
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Book Description
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.
Author: Julio Barboza
Publisher: Martinus Nijhoff Publishers
ISBN: 9004188789
Category : Law
Languages : en
Pages : 231
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Book Description
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.
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: Julio Barboza
Publisher: BRILL
ISBN: 9004188797
Category : Law
Languages : en
Pages : 230
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Book Description
Risk has always been an element of life. Yet modern technology continues to spread environmentally hazardous activity beyond State boundaries. These hazardous—yet socially useful—activities exist in a grey area between legality and wrongfulness. The Environment, Risk and Liability in International Law explains the important role liability plays in risk management and environmental protection, within the realm of international law. The text explores questions such as the lawfulness of acts which negatively affect the environment, as well as who should be liable for transfrontier damages. From private to public interest, from individual to common concern, activities involving risk are a growing preoccupation of our societies.
Author: Lavanya Rajamani
Publisher: Oxford University Press
ISBN: 0192589032
Category : Law
Languages : en
Pages : 1104
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Book Description
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.
Author: Philippe Sands
Publisher: Cambridge University Press
ISBN: 9780521521062
Category : Law
Languages : en
Pages : 1252
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Book Description
This second edition of Philippe Sand's leading textbook on international environmental law provides a clear and authoritative introduction to the subject, revised to December 2002. It considers relevant new topics, including the Kyoto Protocol, genetically modified organisms, oil pollution, chemicals etc. and will remain the most comprehensive account of the principles and rules relating to environmental protection and the conservation of natural resources. In addition to the key material from the 1992 Rio Declaration and subsequent developments, Sands also covers topics including the legal and institutional framework, the field's historic development and standards for general application. This will continue to be an invaluable resource for both students and practitioners alike.
Author: Stephen Tromans
Publisher: Routledge
ISBN: 1134189869
Category : Political Science
Languages : en
Pages : 68
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Book Description
A report written by two environmental lawyers which explains the responsibilities of company directors under UK and European environmental law, and their potential personal liabilities. It sets out what steps to take to avert liabilities and what to do in the event of environmental problems, including chapters on whistle-blowing by employees and liabilities for overseas activities.
Author: Jutta Brunnée
Publisher: BRILL
ISBN: 9004444386
Category : Law
Languages : en
Pages : 240
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Book Description
The interplay between procedure and substance has not been a major point of contention for international environmental lawyers. Arguably, the topic’s low profile is due to the mostly uncontroversial nature of the field’s distinction between procedural and substantive obligations. Furthermore, the vast majority of environmental law scholars and practitioners have tended to welcome the procedural features of multilateral environmental agreements and their potential to promote regime evolution and effectiveness. However, recent developments have served to put the spotlight on certain aspects of the procedure substance topic. ICJ judgments revealed ambiguity on aspects of the customary law framework on transboundary harm prevention that the field had thought largely settled. In turn, in the treaty context, the Paris Agreement’s retreat from binding emissions targets and its decisive turn towards procedure reignited concerns in some quarters over the “proceduralization” of international environmental law. The two developments invite a closer look at the respective roles of, and the relationship between, procedure and substance in this field and, more specifically, in the context of harm prevention under customary and treaty law.
Author: Francesco Francioni
Publisher:
ISBN: 9781853332753
Category : Government liability (International law)
Languages : en
Pages : 499
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Book Description
Author: R. Lefeber
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041102751
Category : Law
Languages : en
Pages : 384
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Book Description
On-going deterioration of the state of the environment and the continuous risk of an environmental disaster has forced society to reconsider its environmental and developmental objectives. For economic and environmental reasons, the costs of prevention and reparation of environmental harm should be channelled to the polluter. However, such channelling may run counter to legal principles. This work scrutinizes this field of tension between economic and legal principles at state level. It provides a unique analysis of traditional thinking on state liability for transboundary harm and the theories which have challenged it since the proliferation of hazardous activities in the 1960s. The author favours a return to traditional thinking, but has an eye for the theories that challenged it with the aim of safeguarding the compensation of victims of transboundary harm.
Author: Leslie-Anne Duvic-Paoli
Publisher:
ISBN: 1108429416
Category : Law
Languages : en
Pages : 429
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Book Description
The book provides a systematic and comprehensive study of the prevention principle in international environmental law.
