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 222
... activity " 17 - but in the Explanatory Report , the issue is taken further . First , the channelling is defended under the general arguments of being the person best placed to prevent the damage and to limit its extent , and it is the ...
... activity " 17 - but in the Explanatory Report , the issue is taken further . First , the channelling is defended under the general arguments of being the person best placed to prevent the damage and to limit its extent , and it is the ...
Page 388
... activity does not justify the risk it creates , carrying out the activity could be regarded as negligent per se . 871 According to the Restatement ( Second ) of Torts , the following factors may be considered in the determination of ...
... activity does not justify the risk it creates , carrying out the activity could be regarded as negligent per se . 871 According to the Restatement ( Second ) of Torts , the following factors may be considered in the determination of ...
Page 484
... activity shall undertake the protective measures , accept the limitation of activity and adhere to other precautions that can reasonably be required in order to pre- vent or remedy disturbance . The obligation to remedy disturbance ...
... activity shall undertake the protective measures , accept the limitation of activity and adhere to other precautions that can reasonably be required in order to pre- vent or remedy disturbance . The obligation to remedy disturbance ...
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