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 275
The DepCh called for restrictive application of the threshold and stressed that : " It could not be reasonable to admit compensation according to strict liability to everyone substantially disturbed by noise from motorways by claiming ...
The DepCh called for restrictive application of the threshold and stressed that : " It could not be reasonable to admit compensation according to strict liability to everyone substantially disturbed by noise from motorways by claiming ...
Page 279
... in other ways than by encumbrance according to the limits of property rights ( e.g. construction bans on neighbouring premises ) . In the latter case , a “ right ” was attached to the scenery , and compensation could thus be granted ...
... in other ways than by encumbrance according to the limits of property rights ( e.g. construction bans on neighbouring premises ) . In the latter case , a “ right ” was attached to the scenery , and compensation could thus be granted ...
Page 330
Admitted to claim compensation under the Act are private owners , including special limited property rights.450 Delimitations are further provided by the concept of adequate causality ( proximity and remoteness of damage ) and the ...
Admitted to claim compensation under the Act are private owners , including special limited property rights.450 Delimitations are further provided by the concept of adequate causality ( proximity and remoteness of damage ) and the ...
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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