White Paper on Environmental Liability

White Paper on Environmental Liability PDF Author:
Publisher:
ISBN:
Category : Environmental law
Languages : en
Pages : 60

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Book Description

White Paper on Environmental Liability

White Paper on Environmental Liability PDF Author:
Publisher:
ISBN:
Category : Environmental law
Languages : en
Pages : 60

Get Book

Book Description


Environmental Damage and Liability Problems in a Multilevel Context

Environmental Damage and Liability Problems in a Multilevel Context PDF Author: Sandra Cassotta
Publisher: Kluwer Law International B.V.
ISBN: 9041141979
Category : Law
Languages : en
Pages : 280

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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.

Liability for Damage to Public Natural Resources:Standing, Damage and Damage Assessment

Liability for Damage to Public Natural Resources:Standing, Damage and Damage Assessment PDF Author: Edward Brans
Publisher: Kluwer Law International B.V.
ISBN: 9041117245
Category : Law
Languages : en
Pages : 480

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Book Description
This book focuses on liability for damage to those natural resources that are of interest to the public and are protected by national, European or international law. It provides an overview of the law of the United States and of certain EU Member States on the recovery of damages for injury to natural resources. The international civil liability conventions that cover environmental harm and the recently published European Commission's White Paper on environmental liability are also discussed. The on-going development in various international forums of treaties or protocols dealing with liability for environmental damage are analyzed, as are the principles developed by the UNEP Working Group established in response to the 1990 Gulf War to advise the UNCC on claims for damage to natural resources. The book addresses assessment and valuation issues, the issue of standing in cases of injury to (un)owned natural resources, and the determination of ways to repair, restore and compensate for natural resource injuries and the associated loss of ecological and human services. It also explains why such a difference exists between the US and most European jurisdictions and inter-national liability conventions as to the recovery of damages for injury to natural resources.

Parliamentary Debates

Parliamentary Debates PDF Author: Great Britain. Parliament House of Commons. European Standing Committee A.
Publisher:
ISBN: 9780109662002
Category :
Languages : en
Pages :

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Book Description


Environmental Damage in International and Comparative Law

Environmental Damage in International and Comparative Law PDF Author: Michael Bowman
Publisher: Oxford University Press, USA
ISBN: 9780199255733
Category : Law
Languages : en
Pages : 390

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Book Description
This study considers the problems of defining and valuing "environmental damage" from the perspective of international and comparative law. The need for a broad and systematic evaluation of this issue is illustrated by the number of topics presently on the international law-making agenda to which it is relevant, including the UN Compensation Commission's decisions on compensation for environmental losses suffered by Kuwait in the Gulf War, nuclear and oil pollution liability regimes, the development of an environmental liability protocol to the Antarctic Treaty and other agreements on bio-safety and genetically modified organisms. It is thus an important element in contemporary efforts to strengthen legal remedies for environmental harm which does not necessarily come within traditional categories of legally protected personal or property rights.

Sourcebook on Environmental Law

Sourcebook on Environmental Law PDF Author: Maurice Sunkin
Publisher: Routledge
ISBN: 1135341265
Category : Law
Languages : en
Pages : 1419

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Book Description
The second edition of this sourcebook brings together a comprehensive selection of the principal international, European and domestic sources of environmental law, together with commentary and extensive references to secondary sources (including relevant websites). The new edition has been fully revised and extended to include the major developments in this rapidly evolving area of law. In particular, at the international level there is now consideration of the Kyoto Protocol 1997, the Aarhus Convention 1998, the Basel Protocol 1999 and the Biosafety Protocol 2000. At the European level, there is coverage of the changes introduced by the Amsterdam Treaty; the 2000 Water Framework Directive; the new Air Quality Directives; and the EC White Paper on Environmental Liability. There is also discussion of the proposed Sixth Environmental Action Programme. The domestic coverage includes consideration of the Pollution Prevention and Control Act 1999, the Countryside and Rights of Way Act 2000, the implementation of the contaminated land regime, together with coverage of the new UK waste strategy. The book now also includes extensive consideration of the impact of the Human Rights Act 1998 on environmental law. Recent case law is included throughout. This unique work will provide an extremely valuable resource for all those studying, teaching and working in the field of environmental law.

Deterrence, Insurability, and Compensation in Environmental Liability

Deterrence, Insurability, and Compensation in Environmental Liability PDF Author: Michael Faure
Publisher: Springer
ISBN: 9783211838631
Category : Law
Languages : en
Pages : 408

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Book Description
The authors took the European Commission 2000 White Paper on Environmental Liability as the occasion for a critical analysis of the efficiency and insurability of various environmental liability regimes. Traditional insurance is examined, but also alternative arrangements for financial security, such as compensation funds. In addition, various case studies present the availability of financial or insurance coverage for natural resource damage. Combining economic insights with an analysis of the practice in various countries like Austria, Germany, Italy, Spain and the USA empirical evidence is provided for the way in which insurance and financial markets respond to environmental liability regulations. This is the first study discussing the criteria for insurability of environmental harm in a systematic manner, both from a legal and an economic/insurance perspective.

Civil Liability for Environmental Damage

Civil Liability for Environmental Damage PDF 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.

European Community Law for the New Economy

European Community Law for the New Economy PDF Author: Lucas Bergkamp
Publisher: Intersentia nv
ISBN: 9050952291
Category : Commercial law
Languages : en
Pages : 777

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Book Description
The European Community (EC) has embarked on an ambitious legislative program for the new economy. In European Community Law for the New Economy professor Lucas Bergkamp analyzes the EC's current and proposed new economy legislation. The new economy, according to Bergkamp, is not only the internet, the information society, and biotechnology, but also a different kind of "old" economy, a different kind of corporate governance, and a different kind of government. Accordingly, in addition to the EC e-commerce, data protection, and biotechnology legislation, this book discusses also the grand principles of EC policy making (such as sustainable development and the precautionary principle), the theory of corporate social responsibility, and EC government reform. With its wide-ranging, insightful, and engaging analyses, and devoid of obliquity, EC Law for the New Economy is a unique publication. This book must be read by everybody who wants to gain a deeper understanding of the effects of EC legislation, the root causes of regulatory failures, and possible solutions to these problems. It is of interest to lawyers, politicians, policy makers, government officials, political scientists, advanced students and autodidacts. Lucas Bergkamp is a lawyer at the Brussels Bar and Professor of International Liability Law, Erasmus University Rotterdam - The Netherlands.

Environmental Regulation Through Financial Organisations:Comparative Perspectives on the Industrialised Nations

Environmental Regulation Through Financial Organisations:Comparative Perspectives on the Industrialised Nations PDF Author: Benjamin Richardson
Publisher: Kluwer Law International B.V.
ISBN: 9041117350
Category : Law
Languages : en
Pages : 418

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Book Description
This book takes a comparative perspective of practice in the European Union, North America, Japan and Australasia, arguing that existing legal reforms to promote sustainable development are unlikely to be successful unless environmental policy can be diffused and embedded in the financial services sector. This sector plays a crucial role in creating the financial conditions that allow much economic development to proceed. Financial markets are already highly regulated in pursuance of various public policy objectives, and there is scope to adapt existing regulation to incorporate environmental aspects into the financial services sector. In terms of specific reforms, the book focuses on the role of corporate environmental reporting, economic instruments and liability rules to provide a proper context for engaging financial organisations with the environment, as well as reforms to the system of prudential regulation that currently governs this sector. Beyond the focus on the financial services sector, the book raises complex questions regarding the relationship between the state and market institutions in environmental policy, and will appeal to scholars from a wide range of disciplines interested in problems of environmental governance.