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 145
... individual interest pro- tected by law in the form of a " right " , for instance a property right . Per- sons causing infringements on such rights – or interests – are under a duty to compensate for the harm under traditional tort law ...
... individual interest pro- tected by law in the form of a " right " , for instance a property right . Per- sons causing infringements on such rights – or interests – are under a duty to compensate for the harm under traditional tort law ...
Page 595
... individual generally lacks legal standing concerning ecological damage since he is not recognized as an “ owner ” , al- though he is not precluded from action in tort in some jurisdictions for losses resulting from his reduced use of ...
... individual generally lacks legal standing concerning ecological damage since he is not recognized as an “ owner ” , al- though he is not precluded from action in tort in some jurisdictions for losses resulting from his reduced use of ...
Page 599
... individual claims for injunction or precautionary measures to alter performance of unauthorized activity under the Environmental Protection Act ( 345 ) be granted to an NGO . According to the suggestion , an organization had to fulfil ...
... individual claims for injunction or precautionary measures to alter performance of unauthorized activity under the Environmental Protection Act ( 345 ) be granted to an NGO . According to the suggestion , an organization had to fulfil ...
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