2 edition of Environmental damage and liability problems in a multilevel context found in the catalog.
Environmental damage and liability problems in a multilevel context
by Kluwer Law International, Sold and distributed in North, Central and South America by Aspen Publishers, Turpin Distribution Services in Alphen aan den Rijn, The Netherlands, Frederick, MD, Biggleswade, Bedfordshire, United Kingdom
Written in English
|Series||Energy and environmental law & policy series -- v. 22, Energy and environmental law & policy series -- v. 22.|
|LC Classifications||KJE1639 .C37 2012|
|The Physical Object|
|Pagination||xvi, 161 p. ;|
|Number of Pages||161|
|LC Control Number||2012392204|
Liability for environmental damage in most OECD countries is understood as an obligation for the While environmental liability issues are well-rooted in the US legal system and are gaining visibility in the European Union in the context of implementation of the EU Environmental Liability Directive. At this stage, environmental law does not yet admit "iniuria sine damno". There must be clear and convincing evidence of physical damage to the environment or to a person or property on which a right of action can be based. There is no right of action, hence no liability, without actual damage, i.e., personal injury or harmful effects.
An exemption from liability is provided in respect of those operators who can prove that the damage or threat of imminent damage was caused by a third party despite appropriate safety measures. This chapter provides an overview of the methods adopted by economists for the quantification of environmental harm. It explores the fundamental concept of utility, as reflected in both use and non-use values and measured by the devices of maximum Willingness to Pay (WTP) and minimum Willingness to Accept Compensation (WTAC). It shows that the choice between the .
Introduction: The Interaction of Environmental Law with Insolvency. An important measure of the value placed on environmental protection is how the law regulates environmental claims and liabilities in the context of financially troubled businesses. stand the context in which courts construe indemnities. A. Common Law Rules For Interpreting Indemnities An indemnity can be described generally as a contract between two parties whereby one agrees to cover any liability, loss or damage sustained by the other from some contemplated act or condition, or damage resulting from a.
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Environmental Damage Liability Problems in a Multilevel Context: The Case of the Environmental Liability Directive (Energy and Environmental Law & Policy Series: Supanational and Comparative Aspects) [Sandra Cassotta] on *FREE* shipping on qualifying offers.
Environmental Damage Liability Problems in a Multilevel Context: The Case of the Environmental Liability Author: Sandra Cassotta. Environmental Damage Liability Problems in a Multilevel Context: The Case of the Environmental Liability Directive (Energy and Environmental Law & Policy Series: Supanational and Comparative Aspects) by Sandra Cassotta and a great selection of related books, art and collectibles available now at Get this from a library.
Environmental damage and liability problems in a multilevel context: the case of the Environmental Liability Directive.
[Sandra Cassotta] -- "There is a growing interest at different decision-making levels (EU, international and national) in using liability as an element in solving the legal problems of environmental harm. The book focuses on the Environmental Liability Directive /35/EC (the so-called “ELD”) on the prevention and remedying of environmental damage, and evaluates as to whether the ELD has achieved its goals and maintained its ambitions in terms of environmental protection, and what the optimal level of harmonization in terms of.
The interest is founded on. Environmental Damage and Liability Problems in a Multilevel Context: The Case of the Environmental Liabitliy Directive.
Cassotta, Sandra (PI) The Faculty of Social Sciences; Book on the Environmental Environmental Damage and Liabilty Problems, Kluwer Law International.
Providing a comprehensive analysis of environmental liability law in Europe, this book offers a general introduction to the status of environmental liability in Europe. It describes the relevant international treaties and the EC-Environmental Liability Directive and discusses the conflict of laws issues regarding transfrontier environmental damage.
International PhD in EU Environmental Law. Title of the Multidisciplinary Project combining Law and Political Science: "Environmental Damage and Liability Problems in a Multilevel Context: The Case of the Environmental Liability Directive". The project was granted by the Danish Agency Technology and Innovation (DASTI).Title: Associate Professor in.
She specializes in environmental damage and liability problems in a multi-level context. Included in her area of interests are human rights, law of the sea (UNCLOS), and environmental security (particularly that of the Arctic Ocean). Sandra Cassotta is currently Assistant Professor in International Environmental Law at the Department of Law at Aarhus University, and teaches Climate Change & Energy Law, Environmental Law, EU Law, Arctic Governance and Global Justice & Law.
She is specialized in environmental damage and liability problems in a multi-level context. This chapter examines the concept of environmental damage in a number of international liability regimes, both in existence and under development, and considers whether those regimes adequately address the problem of damage to the environment per se.
It begins with a summary of domestic US law and practice. US legislation and international regimes appear to. Types of Civil Liability for Environmental Damage. Fault liability. If liability is based on “fault”(wrong doing) the plaintiff must prove that theperpetrator acted with intent or that he/sheacted negligently or without due care.
Strict liability. If liability. Lenders can minimise liability by not seeking control over borrowers for environmental issues. However, there are several indirect risks to which lenders may be exposed. For example, borrowers may be unable to meet their loan repayments because they have incurred significant liabilities or losses as a result of environmental problems at the.
Conventional Tort-based Approaches to Environmental Harm. Chapter 3. Establishing Liability for Environmental Damage: Main Issues. Part III. The Role of Tort as a Means of Environmental Protection: Theoretical Perspectives and Legislative Initiatives.
Chapter 4. The Role of Tort in an Environmental Context. Chapter 5. The European and. environmental clean-up, closure and/or disposal costs resulting from past transactions or events.” 4.
This narrows the liability definition to only those costs associated with an environmental clean-up. In this context, environmental clean-up costs includes costs. Environmental liability in international law.
Cross-border environmental harm is increasing internationally. For many areas - for instance, for the protection of the marine environment - there are instruments which govern liability for environmental harm in specific areas and which contain different conditions for establishing liability.
Environmental impairment liability (EIL) insurance was first introduced in and has been in constant evolution since.
AIG insurance company introduced its private label version of environmental impairment liability insurance under their brand name "Pollution Legal Liability" in. The overriding public policy concerns for cleaning up the nation's environmental problems have led courts to increase dramatically the potential liability of corporate individuals.
To date, the law has not progressed to the point where civil or criminal liability for environmental problems will automatically be imposed on corporate individuals. Civil Liability for Environmental Damage: A Comparative Analysis of Law and Policy in Europe and US, 2nd Edition (Energy and Environmental Law & Policy Series Supranational and Comparative Aspects) [Mark Wilde] on *FREE* shipping on qualifying offers.
Civil Liability for Environmental Damage: A Comparative Analysis of Law. Most states have comprehensive environmental regulations for the mining industry. Federal regulations aimed directly at the mining industry have not yet been put into a place, but broad-based statutes such as the Clean Water Act, Clean Air Act, National Environmental Policy Act, and numerous others apply to mining activities.Many of these lead to environmental problems that are causing long-term damage to the earth’s ecosystem.
The Global Issues website explains that the only way to control current environmental issues is to create sustainable development strategies and continue to instill conservation methods. Shareholders' Liability. The "corporate veil" that customarily protects a shareholder from corporate liability may not, in the context of environmental liability, provide the protection that shareholders expect in other circumstances.
The veil may be "pierced" if the requisite elements of that legal theory can be proven.