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 318
... held strictly liable under the Pollution Act , the owner could for instance be held liable in negligence under the Tort Law Act . Both Acts provides for joint and several liability – with final distribu- tion taking account of such ...
... held strictly liable under the Pollution Act , the owner could for instance be held liable in negligence under the Tort Law Act . Both Acts provides for joint and several liability – with final distribu- tion taking account of such ...
Page 373
... held liable . Under Rylands , liability attaches to active acts causing a disturbance with a defence of actions by a third party ( trespasser ) . In nuisance , liability attaches to the occupier both for active acts to cause a nuisance ...
... held liable . Under Rylands , liability attaches to active acts causing a disturbance with a defence of actions by a third party ( trespasser ) . In nuisance , liability attaches to the occupier both for active acts to cause a nuisance ...
Page 451
... held liable for removal costs as the " prior " owner or operator under CER- CLA section 9607 ( a ) ( 2 ) . The important finding of the court is that a day - to - day involvement in decision - making is not needed but that such ...
... held liable for removal costs as the " prior " owner or operator under CER- CLA section 9607 ( a ) ( 2 ) . The important finding of the court is that a day - to - day involvement in decision - making is not needed but that such ...
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