The Law of Environmental Damage: Liability and ReparationFrom 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
The first tier , the registered shipowner's liability , is comparable with the provisions in the 1992 CLC Article 4 and the CRTD Article 5. The shipowner is chosen as the sole liable party being easy for the victim to identify and also ...
The first tier , the registered shipowner's liability , is comparable with the provisions in the 1992 CLC Article 4 and the CRTD Article 5. The shipowner is chosen as the sole liable party being easy for the victim to identify and also ...
Page 207
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. This was suggested in the Draft 1995 but deleted from the final text , cf the Draft 1995 Article 34 .
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. This was suggested in the Draft 1995 but deleted from the final text , cf the Draft 1995 Article 34 .
Page 224
To promote effective application of the scheme , liability under Article 7 has precedence over the rule in Article 6. Hence , it is not necessary to distinguish between parts of a certain activity . If however such distinctions are ...
To promote effective application of the scheme , liability under Article 7 has precedence over the rule in Article 6. Hence , it is not necessary to distinguish between parts of a certain activity . If however such distinctions are ...
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Contents
INTRODUCTION | 21 |
HISTORY EVOLUTION AND EMERGENCE | 39 |
RESTITUTION OF ENVIRONMENTAL DAMAGE | 115 |
Copyright | |
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Common terms and phrases
accepted according action activity actual addressed adopted Annex applied approach Article assessment authority Bill caused CERCLA civil liability claim common compensation concept concerning considered contamination Convention costs court damage dangerous defined definition Directive discussion disturbance duty economic effects environment environmental environmental damage environmental law established European example final further global harm hazardous held hereinafter human implementation important incident included individual injury interests IOPC Fund issue land limited loss marine means measures ment method million natural resources noted obligation operator owner particular party pays person pollution possible prevent principle proposed protection reasonable reference regarded regulation remedy Report requirements responsibility restoration result risk rule scheme sources standard strict substances suggested supra taken term tion tort tort law waste