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 276
The final outcome was left to the courts but " sensible ” application of the thresholds was called for.166 However , the DepCh stated that the chosen standard of strict liability in line with the codifying approach did not exclude ...
The final outcome was left to the courts but " sensible ” application of the thresholds was called for.166 However , the DepCh stated that the chosen standard of strict liability in line with the codifying approach did not exclude ...
Page 402
Apart from the strict standard of liability , an application of more lenient requirement on the standard of proof of causality ( on the balance of probabilities ) must be noted . Further , all current environmental liability systems are ...
Apart from the strict standard of liability , an application of more lenient requirement on the standard of proof of causality ( on the balance of probabilities ) must be noted . Further , all current environmental liability systems are ...
Page 608
A common feature of liability schemes reviewed is to impose the standard of strict liability in combination with mandatory requirements of financial guarantees , with the primary purpose of making the reparative function of liability ...
A common feature of liability schemes reviewed is to impose the standard of strict liability in combination with mandatory requirements of financial guarantees , with the primary purpose of making the reparative function of liability ...
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Contents
INTRODUCTION | 21 |
HISTORY EVOLUTION AND EMERGENCE | 39 |
RESTITUTION OF ENVIRONMENTAL DAMAGE | 115 |
Copyright | |
8 other sections not shown
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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
Bibliographic information
| Title | The Law of Environmental Damage: Liability and Reparation Volume 1 of Stockholm studies in law, ISSN 1387-6023 The Law of Environmental Damage: Liability and Reparation, Marie-Louise Larsson |
| Author | Marie-Louise Larsson |
| Publisher | Kluwer Law International, 1999 |
| ISBN | 9139004562, 9789139004561 |
| Length | 681 pages |
| Export Citation | BiBTeX EndNote RefMan |