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 172
... limited application in damage . But since the regime adopted forms a model for other areas , one remark is appropriate . The scheme of liability consists of three layers . Strict limited liability is imposed on the operator of the ...
... limited application in damage . But since the regime adopted forms a model for other areas , one remark is appropriate . The scheme of liability consists of three layers . Strict limited liability is imposed on the operator of the ...
Page 351
... limited by the policy that tort law must not result in enrichment . All primary and associated losses ( costs ) of direct damage are compen- sable , although the head of damage called “ pure financial losses " is not recognized by the ...
... limited by the policy that tort law must not result in enrichment . All primary and associated losses ( costs ) of direct damage are compen- sable , although the head of damage called “ pure financial losses " is not recognized by the ...
Page 596
... limited . Generally , NGOs do not have legal standing to speak on behalf of individual victims , nor in international or national courts or tribunals . In administrative courts a limited standing could be acknowledged , depending on ...
... limited . Generally , NGOs do not have legal standing to speak on behalf of individual victims , nor in international or national courts or tribunals . In administrative courts a limited standing could be acknowledged , depending on ...
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