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 265
104 “ Similar ” disturbances include traditional forms such as heat , cold , sparks , insects , emotional ... A controversial part of the Act was that the definition of “ disturbance ” was altered to harmonize with water law .
104 “ Similar ” disturbances include traditional forms such as heat , cold , sparks , insects , emotional ... A controversial part of the Act was that the definition of “ disturbance ” was altered to harmonize with water law .
Page 268
The result could be viewed as a lowered threshold , less disturbance was allowed without application of “ the rules of ... Even if the operator applied all reasonable measures to prevent disturbances , he could still be liable for ...
The result could be viewed as a lowered threshold , less disturbance was allowed without application of “ the rules of ... Even if the operator applied all reasonable measures to prevent disturbances , he could still be liable for ...
Page 274
disturbance neither common locally nor ordinary in general came under the regime of strict liability . By the requirement of substantial disturbance , minor disturbances were excluded . Ljungman had argued that this requirement was ...
disturbance neither common locally nor ordinary in general came under the regime of strict liability . By the requirement of substantial disturbance , minor disturbances were excluded . Ljungman had argued that this requirement was ...
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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 |