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 35
... responsibility " refers to a duty to prevent dam- age . In the establishment of responsibility , just a breach of an obligation is sufficient , damage is not a presumption ( cf non - permitted activity ) . “ Lia- bility " can be said to ...
... responsibility " refers to a duty to prevent dam- age . In the establishment of responsibility , just a breach of an obligation is sufficient , damage is not a presumption ( cf non - permitted activity ) . “ Lia- bility " can be said to ...
Page 160
... responsibility to prevent harm to another state . Al- though the case concerned non - environmental problems , in legal reasoning the principles of state practice on harbouring armed bands are directly rel- evant to pollution problems ...
... responsibility to prevent harm to another state . Al- though the case concerned non - environmental problems , in legal reasoning the principles of state practice on harbouring armed bands are directly rel- evant to pollution problems ...
Page 582
... responsibility applicable to owners or operators of petroleum USTS promulgated by USEPA in accord- ance with amendments to the RCRA Subtitle I imposed through SARA.64 State and governmental entities are exempt from the requirements , as ...
... responsibility applicable to owners or operators of petroleum USTS promulgated by USEPA in accord- ance with amendments to the RCRA Subtitle I imposed through SARA.64 State and governmental entities are exempt from the requirements , as ...
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