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Environmental Damage in International and Comparative Law

Environmental Damage in International and Comparative Law
Author: Michael Bowman
Publisher: Oxford University Press, USA
Total Pages: 390
Release: 2002
Genre: Law
ISBN: 9780199255733

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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.


Environmental Loss and Damage in a Comparative Law Perspective

Environmental Loss and Damage in a Comparative Law Perspective
Author: Barbara Pozzo
Publisher:
Total Pages: 0
Release: 2021
Genre: Environmental law
ISBN: 9781839700262

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"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.


Compensation for Environmental Damages Under International Law

Compensation for Environmental Damages Under International Law
Author: Tarcísio Hardman Reis
Publisher: Kluwer Law International B.V.
Total Pages: 250
Release: 2011-01-01
Genre: Law
ISBN: 9041134379

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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.


Policy Issues in Insurance Environmental Risks and Insurance A Comparative Analysis of the Role of Insurance in the Management of Environment-Related Risks

Policy Issues in Insurance Environmental Risks and Insurance A Comparative Analysis of the Role of Insurance in the Management of Environment-Related Risks
Author: OECD
Publisher: OECD Publishing
Total Pages: 91
Release: 2003-10-31
Genre:
ISBN: 9264105522

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This report focuses on the role of insurance and reinsurance companies in the management of environmental risks - environmental pollution risk and natural catastrophe risk in particular.


Environmental Loss Damage Comparative

Environmental Loss Damage Comparative
Author: Jacometti POZZO
Publisher: Intersentia
Total Pages: 0
Release: 2021-01-13
Genre:
ISBN: 9781839700262

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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.


Access to Environmental Justice: A Comparative Study

Access to Environmental Justice: A Comparative Study
Author: Andrew Harding
Publisher: BRILL
Total Pages: 396
Release: 2007-06-30
Genre: Law
ISBN: 9047420454

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Although it is commonly asserted that enhanced citizen participation results in better environmental policy and improved enforcement of environmental standards, this hypothesis has rarely been subject to testing on a comparative basis. The contributors to this book set out to study the extent to which citizens can and do exert influence over their urban environments through the legal (and extra-legal) 'gateways' in eleven countries spanning several continents as well as different climates, levels and type of economic development, and national legal and constitutional systems, as well as exhibiting a different set of environmental problems. One interviewee questioned about access to environmental justice, dryly remarked that in his city there was no environment, no justice and no access to either. Yet this view, as will be seen, requires to be nuanced. While few people will be surprised by the finding that legal gateways to environmental justice are largely ineffective, the reasons for this are revealing; but also the richness of detail and the comparisons between the different countries, and also the positive aspects which surfaced in several instances, were indeed both encouraging and sometimes surprising. This book presents the first comparative survey of access to environmental justice, and will be of considerable use to lawyers, policy-makers, activists and scholars who are concerned with the environmental issues which so profoundly affect and afflict our habitat and conditions of social justice throughout the world.


Unfinished Business

Unfinished Business
Author:
Publisher:
Total Pages: 112
Release: 1987
Genre: Environmental policy
ISBN:

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The Oxford Handbook of Comparative Environmental Law

The Oxford Handbook of Comparative Environmental Law
Author: Emma Lees
Publisher: Oxford University Press
Total Pages: 1092
Release: 2019-04-25
Genre: Law
ISBN: 0192508385

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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.


Damage Caused by Genetically Modified Organisms

Damage Caused by Genetically Modified Organisms
Author: Bernhard A. Koch
Publisher: Walter de Gruyter
Total Pages: 983
Release: 2010
Genre: Law
ISBN: 3899498119

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The debate about the use of genetically modified organisms in European agriculture is fuelled by the fear of the general public about potential risks of GM farming, whether substantiated or not. Transgenic food is suspected to cause bodily harm, have a negative impact upon the health of animals, weaken the productivity of conventional farmland, reduce biodiversity or otherwise deteriorate the environment, to name but a few dangers popping up in the public debate. Apart from setting standards for GM farming and requiring safety checks for transgenic products, all jurisdictions also provide for the case that such risks should materialize. These are not necessarily novel approaches - classic tort law already offers remedies for such losses. Sometimes these traditional solutions are enhanced or replaced by alternative redress schemes. This volume compares twenty European and four non-European jurisdictions in this respect and provides special analyses from an economic and insurance perspective as well as surveys of cross-border dispute resolution and international law.


Comparative and Global Environmental Law and Policy

Comparative and Global Environmental Law and Policy
Author: Tseming Yang
Publisher: Aspen Publishing
Total Pages: 1222
Release: 2019-09-13
Genre: Law
ISBN: 1543815189

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Written by leading scholars and experts with extensive practice and teaching experience in the field, Comparative and Global Environmental Law and Policy offers a student-friendly approach to the study of a rapidly evolving and important area of law. Its multi-jurisdictional selection of judicial opinions and legal materials introduces students to the worldwide reach of environmental law. Through its substance, the book familiarizes students not only with governing and emerging legal principles but also demonstrates how legal norms are applied to specific issues and contexts, illustrating how law-on-the-books becomes law-in-action. Student understanding is reinforced by problem exercises and discussion questions. Professors and students will benefit from: A multi-jurisdictional selection of environmental law cases and regulatory materials from across the world, with many cases from the developing world and emerging economies. Separate chapters on rapidly evolving and critical topics such as rights of nature, sustainability, corporations and private environmental governance, human rights and the environment, and climate change. Presentation of basic background principles of environmental law, institutions, and governance and their operation in international, national and subnational systems, including indigenous governance systems. Emphasis across the book on issues of institutions and governance as well as enforcement and effectiveness. Judicial opinions providing an authoritative articulation of how legal principles are applied in various systems. Numerous problem exercises and discussion questions to introduce topics and reinforce concepts and materials. Integrated perspective on the relationship of international and transnational environmental law, national environmental law, environmental norms and principles in other settings such as in private environmental governance, and governance institutions.