Environmental Damage In International And Comparative Law
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Author | : Barbara Pozzo |
Publisher | : |
Total Pages | : 0 |
Release | : 2021 |
Genre | : Environmental law |
ISBN | : 9781839700262 |
"This book analyzes the regulation of environmental loss and damage. It does so from a comparative and interdisciplinary perspective, examining both public and private law aspects. It delves into conceptual and specific legal issues concerning liability, compensation and restoration of damage in different sectors and jurisdictions, as well as taking into account the contributions of economic analysis in this field of regulation. Specific attention has been devoted to the role that liability and insurance may play in terms of mitigation and adaptation to climate change, as well as the prevention of damage from natural hazards. The scope of analysis encompasses national as well as supranational and international regimes. In particular, there are two interrelated and very promising developments in the evolving understandings in this field that merit special focus: possible legal transplants and "cross-fertilization" between legal systems, on the one hand; and the current dialectic between global and local law in the environmental field, on the other."-- Page 4 de la couverture.
Author | : Michael Bowman |
Publisher | : Oxford University Press, USA |
Total Pages | : 390 |
Release | : 2002 |
Genre | : Law |
ISBN | : 9780199255733 |
This study considers the problems of defining and valuing "environmental damage" from the perspective of international and comparative law. The need for a broad and systematic evaluation of this issue is illustrated by the number of topics presently on the international law-making agenda to which it is relevant, including the UN Compensation Commission's decisions on compensation for environmental losses suffered by Kuwait in the Gulf War, nuclear and oil pollution liability regimes, the development of an environmental liability protocol to the Antarctic Treaty and other agreements on bio-safety and genetically modified organisms. It is thus an important element in contemporary efforts to strengthen legal remedies for environmental harm which does not necessarily come within traditional categories of legally protected personal or property rights.
Author | : TarcĂsio Hardman Reis |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 250 |
Release | : 2011-01-01 |
Genre | : Law |
ISBN | : 9041134379 |
At present there is no clear model under international law with which to determine compensation for environmental damage. After showing that no existing standard of compensation defined by the theory and practice of international law is adequate to cover all cases involving environmental damages - and that such a broad standard or set of standards may in fact be ultimately unachievable - the author of this important book develops a 'fair compensation' regime from an analysis of existing international dispute adjudication mechanisms, and presents this model as the best possible current approach to the conciliation of international responsibility and environmental interests.
Author | : Shawkat Alam |
Publisher | : Cambridge University Press |
Total Pages | : 657 |
Release | : 2015-09-17 |
Genre | : Law |
ISBN | : 1107055695 |
Situating the global poverty divide as an outgrowth of European imperialism, this book investigates current global divisions on environmental policy.
Author | : Francesco Centonze |
Publisher | : Springer |
Total Pages | : 471 |
Release | : 2017-08-05 |
Genre | : Social Science |
ISBN | : 3319569376 |
This volume examines legal matters regarding the prevention and fighting of historical pollution caused by industrial emissions. "Historical pollution" refers to the long-term or delayed onset effects of environmental crimes such as groundwater or soil pollution. Historical Pollution presents and compares national legal approaches, including the most interesting and effective mechanisms for managing environmental problems in relation with historical pollution. It features interdisciplinary and international comparisons of traditional and alternative justice mechanisms. This book will be of interest to researchers in criminology and criminal justice and related areas, such as politics, law, and economics, those in the public and private sectors dealing with environmental protection, including international institutions, corporations, specialized national agencies, those involved in the criminal justice system, and policymakers.
Author | : Tim Stephens |
Publisher | : Cambridge University Press |
Total Pages | : 459 |
Release | : 2009-02-12 |
Genre | : Law |
ISBN | : 0521881226 |
A comprehensive examination of international environmental litigation which addresses the major environmental challenges of the twenty-first century.
Author | : Mark Wilde |
Publisher | : |
Total Pages | : 0 |
Release | : 2013 |
Genre | : Environmental law |
ISBN | : 9789041132338 |
By adopting a theoretical and comparative approach, this text asks whether, through increased protection of private interests, tort has the ability to provide a useful additional means of environmental protection to regulatory controls.
Author | : Emma Lees |
Publisher | : Oxford University Press |
Total Pages | : 1316 |
Release | : 2019-04-25 |
Genre | : Law |
ISBN | : 0192508377 |
This Handbook is the first comprehensive account of comparative environmental law. It examines in detail the methodological foundations of the discipline as well as the substance of environmental law across countries from four vantage points: country studies from all continents, responses to common problems (including air pollution, water management, nature conservation, genetically modified organisms, climate change and energy, chemicals, waste), foundational components of environmental law systems (including principles, property rights, administrative and judicial organisation, command-and-control regulation, market mechanisms, informational techniques and liability mechanisms), and common interactions of environmental protection with the broader public, private, and criminal law contexts. The volume brings together the foremost authorities in this field from around the world to provide a concise, self-contained, and technically rigorous account of environmental law as a single overall system.
Author | : Daniel Bodansky |
Publisher | : Oxford University Press |
Total Pages | : 417 |
Release | : 2017 |
Genre | : Law |
ISBN | : 0199664293 |
A perfect introduction to climate change law, this textbook offers students and scholars an overview of the international law governing this fundamental issue. It demonstrates how to interpret the language used in the applicable instruments and conventions, and sets climate change law in its broader international legal context.
Author | : Francesco Sindico |
Publisher | : Springer Nature |
Total Pages | : 615 |
Release | : 2021-01-21 |
Genre | : Law |
ISBN | : 3030468828 |
This book is based on the acknowledgment that climate change is a multifaceted challenge that requires action on the part of all stakeholders, including civil society, and the notion that climate change is at a tipping point with urgent measures needed in the next decade. Against this background, civil society is turning its attention to the courts as a means to directly influence climate action, partly because of the global scepticism towards the progress of global climate action, despite the ongoing implementation of the Paris Agreement. Focusing on the individual, broadly representing civil society, the book offers fresh perspectives on climate change litigation. While most of the literature on climate change litigation examines the same specific jurisdictions, mostly common law countries (US and Australia in particular), this book also considers specific countries in Asia, Africa and Latin America with little or no climate change litigation. It explores the reasons for the lack of litigation and discusses what measures should or could be taken to change this situation and push forward climate action. Unlike other literature on the subject, this book analyses climate change litigation using a scenario-based methodology. Combining rigorous academic analysis with a practical policy-oriented focus, the book provides valuable insights for a wide range of stakeholders interested in climate change litigation. It appeals to civil society organisations around the world, international organisations and law firms interested in climate change litigation.