Liability For Damage To Public Natural Resourcesstanding Damage And Damage Assessment
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| Author | : Edward Brans |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 480 |
| Release | : 2001-10-17 |
| Genre | : Law |
| ISBN | : 9041117245 |
This book focuses on liability for damage to those natural resources that are of interest to the public and are protected by national, European or international law. It provides an overview of the law of the United States and of certain EU Member States on the recovery of damages for injury to natural resources. The international civil liability conventions that cover environmental harm and the recently published European Commission's White Paper on environmental liability are also discussed. The on-going development in various international forums of treaties or protocols dealing with liability for environmental damage are analyzed, as are the principles developed by the UNEP Working Group established in response to the 1990 Gulf War to advise the UNCC on claims for damage to natural resources. The book addresses assessment and valuation issues, the issue of standing in cases of injury to (un)owned natural resources, and the determination of ways to repair, restore and compensate for natural resource injuries and the associated loss of ecological and human services. It also explains why such a difference exists between the US and most European jurisdictions and inter-national liability conventions as to the recovery of damages for injury to natural resources.
| Author | : Edward Hermanus Paulus Brans |
| Publisher | : |
| Total Pages | : 457 |
| Release | : 2001 |
| Genre | : Liability for environmental damages |
| ISBN | : |
| Author | : Valerie Ann Lee |
| Publisher | : Environmental Law Institute |
| Total Pages | : 330 |
| Release | : 2002 |
| Genre | : Law |
| ISBN | : 9781585760404 |
This book provides a comprehensive survey of the law and techniques associated with the law, science, and economics involved in natural resource damage assessment. Written by experts in the field, this new deskbook is the most comprehensive and up-to-date analysis of the subject available. It thoroughly examines the framework for liability and the goals of the federal statutes providing a right of action for natural resource damages. Focus is maintained on the natural resource damage provisions of CERCLA; the Oil Pollution Act; the Clean Water Act; the Marine Protection, Sanctuaries, and Research Act; and the National Park System Resource Protection Act.
| Author | : Kevin M. Ward |
| Publisher | : John Wiley & Sons |
| Total Pages | : 728 |
| Release | : 1992 |
| Genre | : Law |
| ISBN | : |
| Author | : Tarcísio 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 | : Marie-Louise Larsson |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 696 |
| Release | : 1999-03-02 |
| Genre | : Law |
| ISBN | : 9789041111289 |
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.
| Author | : Preston, Thorgrimson, Shidler, Gates & Ellis |
| Publisher | : |
| Total Pages | : 260 |
| Release | : 1993 |
| Genre | : Law |
| ISBN | : |
This manual outlines the legal and regulatory framework surrounding natural resource damages claims. It provides comprehensive chapters on the common law origins of natural resource damage claims, statutory natural resource damage claims under federal law, CERCLA damage assessment regulations, and economic methodologies for valuing natural resource damages.
| 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 | : Peter Wetterstein |
| Publisher | : Oxford University Press |
| Total Pages | : 263 |
| Release | : 1997 |
| Genre | : Law |
| ISBN | : 9780198262749 |
In international and comparative environmental law the notion of environmental damage is gaining increasing interest. The question of compensating environmental damage challenges traditional rules and concepts of tort law. This book addresses two key issues: 1) the right to and extent of damages for environmental impairment and 2) the methods for conducting natural resource damage assessments. The strong and diverse contributions to this volume of essays, contributed by an internationallyknown team of experts, underline the view that prevention should be the focus of effort to protect the environment. Such an approach is needed because of the limited possibilities offered by the law for adequate and effective compensation in the case of environmental damage. With limited exceptions most countries have adopted a cautious approach to the issue of compensation but new developments on the civil liability front have approved reasonable restoration costs as a basic measure for recoverable damages. It also appears that the methods for evaluating environmental damage developed so far have been artificial and arbitrary. This and many other issues are discussed in detail and implications and consequences for the future spelled out.
| Author | : F. Maes |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 289 |
| Release | : 2006-06-29 |
| Genre | : Law |
| ISBN | : 1402033680 |
The main focus of this important book is on civil liability regimes to compensate for ecological/environmental damage, the impact of EC decision-making on the international regime for oil pollution damage, the use of environmental funds in this respect, the economic valuation of damage to the environment from a theoretical perspective and the application of the Contingent Valuation Method in Belgium for ecological damage at sea.
