The Law of Environmental Damage: Liability and ReparationMartinus Nijhoff Publishers, 2023 M09 20 From 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. |
Contents
Abbreviations | 15 |
1 INTRODUCTION | 21 |
PART I SETTING THE SCENE ENVIRONMENTAL POLICY AND LAW | 37 |
PART II RESTITUTION OF ENVIRONMENTAL DAMAGE | 115 |
Tables of References | 618 |
Tables of Cases | 670 |
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Common terms and phrases
33 USCA 42 USCA action activity AIDA Amoco Cadiz applied Article assessment Bill CERCLA Cf supra section civil liability claim claimant clean-up Clifford Chance common law compensable damage concept concerning contamination Convention costs court damage caused defendant definition disturbance ecological economic effects emissions environmental damage Environmental Law environmental liability European F Supp further global harm hazardous waste held liable hereinafter immissions included infra section injury IOPC Fund issue judgement Kiss and Shelton land liability scheme limited Ljungman loss measures ment noted nuisance OECD Oil Pollution operator owner party person Pfennigstorf polluter pays principle pollution damage prevent Product Liability property damage regulations remedy Report requirements response restoration risk rule sources standard Stockholm strict liability Study substances Superfund SvJT Swedish tion tort law transboundary USCA USEPA Wetterstein