Burdens of Proof in Environmental Litigation, Hearing Before the Subcommittee on Environmemt Of..., 93-2, Nov. 19, 1974
Author | : United States. Congress. Senate. Committee on Commerce |
Publisher | : |
Total Pages | : 42 |
Release | : 1974 |
Genre | : |
ISBN | : |
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Author | : United States. Congress. Senate. Committee on Commerce |
Publisher | : |
Total Pages | : 42 |
Release | : 1974 |
Genre | : |
ISBN | : |
Author | : United States. Congress. Senate. Committee on Commerce. Subcommittee on the Environment |
Publisher | : |
Total Pages | : 48 |
Release | : 1975 |
Genre | : Burden of proof |
ISBN | : |
Author | : James E. Krier |
Publisher | : |
Total Pages | : 26 |
Release | : 1971 |
Genre | : Environmental law |
ISBN | : |
Author | : United States. Congress. Senate. Committee on Commerce. Subcommittee on the Environment |
Publisher | : |
Total Pages | : 33 |
Release | : 1975 |
Genre | : Burden of proof |
ISBN | : |
Author | : United States. Congress. Senate. Committee on Commerce. Subcommittee on the Environment |
Publisher | : |
Total Pages | : 33 |
Release | : 1975 |
Genre | : Burden of proof |
ISBN | : |
Author | : David Freestone |
Publisher | : Fao |
Total Pages | : 36 |
Release | : 1998 |
Genre | : Law |
ISBN | : |
This Legislative Study examines the use of legal devices to ease or reverse the burden of proof, traditionally borne by the prosecution, in order to facilitate enforcement of fisheries legislation. This is related to the development of the precautionary principle in environmental law, which in a sense reverses the onus of determining whether action that could affect the environment should go forward, and to the enforcement problems of extended fisheries jurisdiction. The use and limits of presumptions, strict liability and broadly defined offences are analysed in light of national constitutional guarantees and of international law.
Author | : Henrik Horn |
Publisher | : |
Total Pages | : 0 |
Release | : 2014 |
Genre | : |
ISBN | : |
This paper discusses allocation of burden of proof in environmental disputes in the WTO system. Besides laying down the natural principles that (i) the complainant carries the burden to (ii) make a prima facie case that its claim holds, WTO adjudicating bodies have said little of more general nature. The paper therefore examines the case law of relevance to environmental policies, to establish the rules concerning burden of proof that are likely to be applied in such disputes. Evaluating this case law, the paper makes two observations,: First, in cases submitted under the GATTWTO, adjudicating bodies have committed errors regarding the required amount of evidence (the burden of persuasion); and second, such errors, as well as errors concerning the determination of the party to carry the burden of providing this evidence (the burden of production), have been committed in disputes submitted under the TBT/SPS Agreements. These errors largely seem attributable to the general absence of methodology regarding the interpretation of some key substantive provisions featuring in the three Agreements.
Author | : Justine Bendel |
Publisher | : Edward Elgar Publishing |
Total Pages | : 305 |
Release | : 2023-06-01 |
Genre | : Law |
ISBN | : 1789901332 |
Providing an insightful contribution to literature on the topic, this book scrutinises how international courts and tribunals may respond procedurally to an ever-growing list of environmental disputes. In a time of environmental crisis, it lays crucial groundwork for strengthening the application of international environmental law, a topic of increasing relevance for global civil society.
Author | : Cary R. Perlman |
Publisher | : American Bar Association |
Total Pages | : 630 |
Release | : 2009 |
Genre | : Law |
ISBN | : 9781604423679 |
The scope of what qualifies as environmental litigation is huge, while at the same time, this area is growing rapidly as a result of evolving issues such as climate change litigation. The authors examine the most critical issues in specialized litigation, including global climate change, litigating government enforcement matters in both the civil and criminal context, citizen-suit actions, toxic tort and pesticide litigation, natural resources damages claims, and insurance as a source of recovery.