The Law of Environmental Damage: Liability and ReparationFrom its starting point within international law, throughout its progression from regional to 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 analysis applied is based on factors of standard and designation of liability, as well as the definition and assessment of environmental damage. Issues such as environmental lender liability and damage to public natural resources are highlighted. 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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Contents
INTRODUCTION | 21 |
HISTORY EVOLUTION AND EMERGENCE | 39 |
RESTITUTION OF ENVIRONMENTAL DAMAGE | 115 |
LEGAL DEFINITIONS OF ENVIRONMENT AND | 121 |
SCHEMES OF RESTITUTION | 145 |
Sources | 172 |
FINANCING LIABILITIES | 571 |
PROCEDURAL REMARKS | 593 |
618 | |
Tables of Cases | 670 |
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Common terms and phrases
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 important incident included individual injury interests IOPC Fund issue land liability limited loss marine means measures ment method million natural resources noted objectives 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 substances suggested supra taken term tion tort tort law waste