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 323
a B. Denmark 396 Denmark has a long tradition in environmental matters , but has been reluctant to adopt environmental tort law by statute . In general , traditional tort law is based on developments of case law .
a B. Denmark 396 Denmark has a long tradition in environmental matters , but has been reluctant to adopt environmental tort law by statute . In general , traditional tort law is based on developments of case law .
Page 360
B. Common Law of Tort679 The substance of common law in tort is still huge and its impact is great . In English law , substantial nuisance case law dates back to the mid - 19th century , or even further.680 Actions in common law of tort ...
B. Common Law of Tort679 The substance of common law in tort is still huge and its impact is great . In English law , substantial nuisance case law dates back to the mid - 19th century , or even further.680 Actions in common law of tort ...
Page 382
These arguments , in combination with the movement of legal integration that is evident today , make it useful – almost necessary – to explore other solutions than domestic . Parallel developments in the area of environmental torts in ...
These arguments , in combination with the movement of legal integration that is evident today , make it useful – almost necessary – to explore other solutions than domestic . Parallel developments in the area of environmental torts in ...
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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