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 244
presumably gain a right to use civil liability when no individual has a right of action161 , but in the 1993 EC Green Paper the issue of public remedies is not mentioned – which is considered as a major , " fundamental ” , omission .
presumably gain a right to use civil liability when no individual has a right of action161 , but in the 1993 EC Green Paper the issue of public remedies is not mentioned – which is considered as a major , " fundamental ” , omission .
Page 248
A further important issue is the designation of the liable subject , especially where a company is potentially responsible for the environmental damage . Secondly , another significant issue in a comparison of legal systems is the basis ...
A further important issue is the designation of the liable subject , especially where a company is potentially responsible for the environmental damage . Secondly , another significant issue in a comparison of legal systems is the basis ...
Page 572
At least in the context of environmental harm , one crucial issue for application of liability insurance is the availability of insurance since cover may be too expensive in premiums and thus lack risk distribution due to an ...
At least in the context of environmental harm , one crucial issue for application of liability insurance is the availability of insurance since cover may be too expensive in premiums and thus lack risk distribution due to an ...
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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