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 222
16 - The definition of “ operator ” in the Convention is not particularly informative - “ [ 0 ] perator means the person who exercises the control of a dangerous activity ” 1 ? – but in the Explanatory Report , the issue is taken ...
16 - The definition of “ operator ” in the Convention is not particularly informative - “ [ 0 ] perator means the person who exercises the control of a dangerous activity ” 1 ? – but in the Explanatory Report , the issue is taken ...
Page 388
The rationale is that the defendant has carried out his activity , aware of the risks to others , for his own benefit . But he is only to be held liable for harm within the scope of the abnormal risk that is the basis of liability .
The rationale is that the defendant has carried out his activity , aware of the risks to others , for his own benefit . But he is only to be held liable for harm within the scope of the abnormal risk that is the basis of liability .
Page 484
The obligation to undertake preventive measures and restorative action under the Environmental Protection Act runs : “ The person who carries out or intends to carry out environmentally dangerous activity shall undertake the protective ...
The obligation to undertake preventive measures and restorative action under the Environmental Protection Act runs : “ The person who carries out or intends to carry out environmentally dangerous activity shall undertake the protective ...
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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
Bibliographic information
| Title | The Law of Environmental Damage: Liability and Reparation Volume 1 of Stockholm studies in law, ISSN 1387-6023 The Law of Environmental Damage: Liability and Reparation, Marie-Louise Larsson |
| Author | Marie-Louise Larsson |
| Publisher | Kluwer Law International, 1999 |
| ISBN | 9139004562, 9789139004561 |
| Length | 681 pages |
| Export Citation | BiBTeX EndNote RefMan |