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 312
... concerning damage costs . On the other hand , a rule of mitigation under a standard of " unreasonability " is sug- gested leading to a cost - benefit analysis of measures to be taken , costs of precau- tion , and the risk of ...
... concerning damage costs . On the other hand , a rule of mitigation under a standard of " unreasonability " is sug- gested leading to a cost - benefit analysis of measures to be taken , costs of precau- tion , and the risk of ...
Page 325
... concerning expenses caused an authority that responds to the risk so as to avoid public harm . Governmental notice should not be a prerequisite for responsibility , and " innocent purchase " would not be available as a de- fence.418 ...
... concerning expenses caused an authority that responds to the risk so as to avoid public harm . Governmental notice should not be a prerequisite for responsibility , and " innocent purchase " would not be available as a de- fence.418 ...
Page 494
... concerning property damage with ecological dimensions . Older case law contains particularly two cas- es , both concerning private loss of aesthetic value due to loss of trees . The remedy was in both cases actual replacement of the ...
... concerning property damage with ecological dimensions . Older case law contains particularly two cas- es , both concerning private loss of aesthetic value due to loss of trees . The remedy was in both cases actual replacement of the ...
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