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 270
One view was that all effects , even temporary personal injury from blasting stones were included , another view argued that such temporary activities was not under a duty of prior authorization , others argued that the activity was ...
One view was that all effects , even temporary personal injury from blasting stones were included , another view argued that such temporary activities was not under a duty of prior authorization , others argued that the activity was ...
Page 327
429 The only limitation to liability included in the provisions is when the damage has been caused while the activity was carried out under compulsory government require430 However , a prior permit has not in general an effect of ...
429 The only limitation to liability included in the provisions is when the damage has been caused while the activity was carried out under compulsory government require430 However , a prior permit has not in general an effect of ...
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activity included on the list . As noted by Pagh , activities outside the scope of the list are excluded from the strict liability regime 438 , although general tort law applies , as well as the doctrine of " good neighbours ” .
activity included on the list . As noted by Pagh , activities outside the scope of the list are excluded from the strict liability regime 438 , although general tort law applies , as well as the doctrine of " good neighbours ” .
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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