The Law of Environmental Damage: Liability and ReparationKluwer Law International, 1999 - 681 pages From its starting point within international law, throughout its progression from regional national law, The Law of Environmental Damage combines the disciplines of environmental law, liability law and insurance in its analysis of the development of reparative environmental law. In the model adopted, three generations of reparative schemes are identified based on civil liability or administrative liability or self-taken measures from the area of insurance. The results of the study are evaluated within the framework of a theory of environmental efficiency; among other factors, the reparative effect of liability rules is discussed. |
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Page 204
... Article 5. The ship- owner is chosen as the sole liable party being easy for the victim to identify and also because ... Article 1.5 . In the Draft 1995 , also “ any waste " was suggested for inclusion . This was deleted in the final ...
... Article 5. The ship- owner is chosen as the sole liable party being easy for the victim to identify and also because ... Article 1.5 . In the Draft 1995 , also “ any waste " was suggested for inclusion . This was deleted in the final ...
Page 207
... Article 1.6 . Cf the CRTD Article 1.10 , and “ pollution damage ” in the 1992 CLC Article 2.3 . 334. Article 4.1 . Cf the CRTD Article 3.1 . 335. Article 4.3 ( a ) . Cf the 1992 CLC Article 2.3 . 336. See Articles 11.1 and 14.6 . 337 ...
... Article 1.6 . Cf the CRTD Article 1.10 , and “ pollution damage ” in the 1992 CLC Article 2.3 . 334. Article 4.1 . Cf the CRTD Article 3.1 . 335. Article 4.3 ( a ) . Cf the 1992 CLC Article 2.3 . 336. See Articles 11.1 and 14.6 . 337 ...
Page 224
... Article 7 has precedence over the rule in Article 6. Hence , it is not necessary to dis- tinguish between parts of a certain activity . If however such distinctions are possible , they shall be made . The burden of proof rests with the ...
... Article 7 has precedence over the rule in Article 6. Hence , it is not necessary to dis- tinguish between parts of a certain activity . If however such distinctions are possible , they shall be made . The burden of proof rests with the ...
Contents
INTRODUCTION | 21 |
HISTORY EVOLUTION AND EMERGENCE | 39 |
RESTITUTION OF ENVIRONMENTAL DAMAGE | 115 |
Copyright | |
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Common terms and phrases
42 USCA action activity adopted AIDA Amoco Cadiz Annex applied Article assessment Baltic Sea Basel Convention CERCLA civil liability claim claimant clean-up Clifford Chance common concept concerning contamination costs court CRTD damage caused defined definition ecological economic effects emissions environmental damage environmental law environmental liability Environmental Protection European Explanatory Report F Supp further global harm hereinafter immissions included infra section injury instruments international law IOPC Fund IOPC Fund Convention issue Jacobsson Kiss and Shelton land liability scheme limited Ljungman loss marine environment measures ment natural resources OECD oil pollution operator owner party person polluter pays principle pollution damage prevent Product Liability property damage Protocol regulation remedy Report responsibility restoration risk rule sources standard strict liability substances Swedish tion tort law transboundary UNCLOS Wetterstein