Inspired by recent litigation, this book identifies and critically appraises the manifold and varied approaches to calculating compensation for damage caused to the environment. It examines a wide range of practice on compensation – in general and specifically for environmental damage – from that of international courts and tribunals, as well as international commissions and regimes, to municipal approaches and other disciplines such as economics and philosophy. Compensation for Environmental Damage Under International Law synthesises these approaches with a view to identifying their blind spots, bringing clarity to an area where there exists broad discrepancy, and charting best practices that appropriately balance the manifold interests at stake. In particular, it is argued that best practice methodologies should ensure compensation serves to fully repair the environment, reflect the emerging ecosystems approach and any implications environmental damage may have for climate change, as well as take into account relevant equitable considerations. This book is essential reading for academics, practitioners and students working in the field of environmental law.
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 ...
This study considers the problems of defining and valuing "environmental damage" from the perspective of international and comparative law.
Liability and Environment analyzes the role of law, in particular civil liability, in controlling environmental pollution and risk. In modern environmental policy, liability has become a popular instrument. In this book, Prof.
Written by well-known experts on these topics who include judges of the International Court of Justice and the International Tribunal for the Law of the Sea; legal advisers from international organizations such as the World Bank, the ...
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.
As such, this book will be of great interest to academics, practitioners and students.
Indeed, under French criminal law, section 3 of the Code pénal 2020 provides for '[d]e l'entrave aux mesures d'assistance et de l'omission de porter secours' or 'obstruction of assistance and the failure to provide assistance'.130 In ...
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 ...
Levente Borzsák, The Impact of Environmental Concerns on the Public Enforcement Mechanism under EU law: Environmental protection in the 25th hour, 2011 (ISBN 978-90-411-3408-0). Tarcísio Hardman Reis, Compensation for Environmental ...
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 ...