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 159
30 a serious consequence and the injury established by both clear and convincing evidence , suggesting that where the pollution is insignificant or the causes and effects uncertain , the prohibition does not pertain .
30 a serious consequence and the injury established by both clear and convincing evidence , suggesting that where the pollution is insignificant or the causes and effects uncertain , the prohibition does not pertain .
Page 284
It was established that the road was under - proportioned and wrongly constructed for the present use , that vibrations due to traffic had caused some of the damage to the houses ( other damage could be distinguished ) , that neither ...
It was established that the road was under - proportioned and wrongly constructed for the present use , that vibrations due to traffic had caused some of the damage to the houses ( other damage could be distinguished ) , that neither ...
Page 559
76 The rules instruct the trustee , under the general concepts of cost - effectiveness and reasonable cost , to : establish an adverse change in the level of services of the natural service , the injury77 ; establish the causal link ...
76 The rules instruct the trustee , under the general concepts of cost - effectiveness and reasonable cost , to : establish an adverse change in the level of services of the natural service , the injury77 ; establish the causal link ...
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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