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 191
... claimant's activity and the contam- ination , - - the degree to which a claimant was economically dependent on an affected resource , the extent to which a claimant had alternative sources of supply , the extent to which a claimant's ...
... claimant's activity and the contam- ination , - - the degree to which a claimant was economically dependent on an affected resource , the extent to which a claimant had alternative sources of supply , the extent to which a claimant's ...
Page 332
... claimant has the burden of proof concerning causality between the activity and the harm , and concerning the link between the tortfeasor and the harmful activity . In case law , a variation of presumptive liability has been elaborated ...
... claimant has the burden of proof concerning causality between the activity and the harm , and concerning the link between the tortfeasor and the harmful activity . In case law , a variation of presumptive liability has been elaborated ...
Page 350
... claimant.595 Instead , compliance is presumed if monitoring controls have given no indication of violation.596 Further , if more than ten years have passed between the occurrence of environmental impact and the claim for compensation ...
... claimant.595 Instead , compliance is presumed if monitoring controls have given no indication of violation.596 Further , if more than ten years have passed between the occurrence of environmental impact and the claim for compensation ...
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