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Thursday, November 26, 2020 | History

8 edition of Environmental Liability and Ecological Damage In European Law (The Common Core of European Private Law) found in the catalog.

Environmental Liability and Ecological Damage In European Law (The Common Core of European Private Law)

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  • 12 Currently reading

Published by Cambridge University Press .
Written in English

    Subjects:
  • EU environment law,
  • Law,
  • Legal Reference / Law Profession,
  • General,
  • Law / General

  • The Physical Object
    FormatHardcover
    Number of Pages650
    ID Numbers
    Open LibraryOL10438537M
    ISBN 100521889979
    ISBN 109780521889971

    Environmental law, also known as environmental and natural resources law, is a collective address environmental pollution.A related but distinct set of regulatory regimes, now strongly influenced by environmental legal principles, focus on the management of specific natural resources, such as forests, minerals, or areas, such as environmental impact assessment, may not fit.


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Environmental Liability and Ecological Damage In European Law (The Common Core of European Private Law) by Monika Hinteregger Download PDF EPUB FB2

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 s: 1.

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.

Nevertheless, given the current focus on private law in the EU and the extent to which harmonisation is necessary or indeed desirable, the particular issue of environmental damage remains in the foreground. This is the context in which one must place ‘Environmental Liability and Ecological Damage in European Law’.Cited by: 1.

Environmental Liability and Ecological Damage in European Law: The Common Core of European Private Law – By Monika Hinteregger.

Elisa Morgera LL.M., Ph.D. Lecturer in European Environmental Law University of Edinburgh School of Law. Search for more papers by this author. Elisa Morgera LL.M., : Elisa Morgera. Environmental Liability and Ecological Damage in European Law Providing a comprehensive analysis of environmental liability law in Europe, this book offers a general introduction to the status of environmental liability in by: 2.

Environmental Liability and Ecological Damage in European Law: The Common Core of European Private Law - By Monika Hinteregger: Book Reviews April Review of European Community and. The Law of Tort and the Environment: An Introduction to the Debate and Foundational Issues.

Part II. Traditional Tort-based Remedies and Environmental Protection: A Common Law Perspective. Chapter 2. Conventional Tort-based Approaches to Environmental Harm.

Chapter 3. Establishing Liability for Environmental Damage: Main Issues. Part III. Principle 22 of the Stockholm Declaration recognised gaps and called on states to ‘co-operate to develop further the international law regarding liability and compensation for victims of pollution and other environmental damage caused by activities within the jurisdiction or control of such states to areas beyond their jurisdiction’.

Buy Environmental Liability and Ecological Damage In European Law (The Common Core of European Private Law) 1 by Edited by Monika Hinteregger, Monika Hinteregger (ISBN: ) from Amazon's Book Store. Everyday low prices and free delivery on eligible s: 1. Directive /35/EC of the European Parliament and of the Council of 21 April on environmental liability with regard to the prevention and remedying of environmental damage.

Summary The Directive establishes a framework for environmental liability based on the “polluter pays” principle, with a view to preventing and remedying. 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) 2nd Revised ed.

Edition. This White Paper explores various ways to shape an EC-wide environmental liability regime, in order to improve application of the environmental principles in the EC Treaty and implementation of EC environ- mental law, and to ensure adequate restoration of the environment.

The most important legislative act in this field, the EC-Environmental Liability Directive, 1 concentrates on the prevention and remedying of site contamination and on loss of biodiversity and does not apply to damage to person and property, or economic loss, suffered by private persons. This sort of damage will therefore still be.

their general liability policies to cover risks introduced by the Environmental Liability Directive (ELD). A number of environmental disasters have occurred in Europe since the ELD passed into law.

France’s Bouches-du-Rhône oil spill received a great deal of media attention, yet the take-up of environmental insurance products remains low. Discussions on the development of an EU environmental liability regime started almost twenty years ago. In January the discussions on this regime entered a new phase, when the Commission put forward a proposal for a Directive on environmental liability with regard to the prevention and remedying of environmental damage.

On the basis of the ‘polluter pays’ principle, Article 8 of the ELD requires EU member states to hold operators listed in Annex III strictly liable for carrying out dangerous activities that cause. This volume examines the shifts in the compensation of environmental damage between private and public systems.

Recent developments at both the European and international level are presented with a focus on the shifts relating to the compensation of oil pollution, damage arising as a result of nuclear accidents and soil pollution in particular legal systems (Belgium, the Netherlands, Germany.

2 Convention on Civil Liability for Damage Resulting from Activities Dangerous to the Environment, signed at Lugano in (Council of Europe, ). 3 In the interim, on 17 Novemberthe Commission issued a working paper on environmental liability (European Commission, ).

Environmental Liability in the EU also addresses the issue of who can be held liable for damage covered by the Directive (operator liability), the available defences and its relation to the general principles of EC Environmental Law, notably the.

RESPONSIBILITY AND LIABILITY FOR ENVIRONMENTAL DAMAGE UNDER INTERNATIONAL LAW REPLIES TO THE QUESTIONNAIRE 1. CONCEPTUAL FRAMEWORK (a) Liability has become a primary rule of customary international law obligating a recalcitrant State to pay compensation or make amends for the resulting damage for which the State is accountable.

The UK left the EU on 31 Januaryalthough under the European Union (Withdrawal) Actthe UK remains governed by EU law during a transitional period ending on 31 December pending agreement on a longer-term agreement between the UK and EU (see also Question 40).

- Environmental Liability and Ecological Damage in European Law Edited by Monika Hinteregger Excerpt More information. - Environmental Liability and Ecological Damage in European Law Edited by Monika Hinteregger Excerpt More information. of the operator. The right to bring an action ends, at the latest, after.

The rules of international law governing liability for environmental damage must still be considered to be in their early phases of development, particularly in relation to rules of state liability.

States remain reluctant to put in place rules which have the potential to impose significant constraints on the conduct of potentially hazardous.

A leading European law firm in the regulatory area, Hunton & Williams' Brussels office has a strong environmental law and liability practice, including soil and groundwater contamination, water pollution, and damage to protected habitats and species caused by Format: Hardcover.

This second edition of Philippe Sand's leading textbook on international environmental law provides a clear and authoritative introduction to the subject, revised to December It considers relevant new topics, including the Kyoto Protocol, genetically modified organisms, oil pollution, chemicals etc.

and will remain the most comprehensive account of the principles and rules relating to 3/5(1). 2 Current trends in environmental law and policy.

Climate change and ESG Water pollution and water discharges. Civil law: nuisance, the rule in Rylands v Fletcher and negligence.

Parent company liability for environmental damage. Environmental Permitting (EP) regime Environmental reporting.

5 Types of environmental liability. Criminal. ELI is also working with the United Nations Environment Programme to develop a flagship report on the environmental rule of law. As part of itsJudicial Program, ELI has developed, presented, and participated in educational workshops on critical topics in environmental law for more than judges from 25 countries in the last 25 years.

Environmental Agreements (MEAs), according to applicable EU law. In all other countries, projects financed by the EPE Banks are expected to comply with the appropriate EU environmental principles, practices and standards, subject to local circumstances2.

The Environmental Liability Directive /35/EC is an EU law Directive on enforcement of claims to improve the environment.

essence it superimposes provisions that impose liability for environmental damage onto existing EU law that regulate activities that can cause environmental damage.

The ELD reiterates the right of Member States to maintain or adopt more stringent provisions as. Get this from a library. The EU Environmental Liability Directive: a commentary. [Lucas Bergkamp; Barbara J Goldsmith; European Parliament.;] -- The Environmental Liability Directive (ELD) created a legal regime for the restoration of environmental damage that was novel to all EU member states.

This text provides a comprehensive. 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 Liability means any liability, obligation, loss, claim, action, order or cost, contingent or otherwise (including any liability for damages, costs of environmental remediation, fines, penalties and indemnities), directly or indirectly resulting from or based upon (a) violation of any Environmental Law, (b) the generation, use, handling, transportation, storage, treatment or.

EUR-Lex Access to European Union law. Consolidated text: Directive /35/CE of the European Parliament and of the Council of 21 April on environmental liability with regard to the prevention and remedying of environmental damage.

This chapter explores whether and to what extent the common law makes provisions liability for and recovery of environmental damage. The chapter is organized as follows.

First, it examines the traditional common law doctrine involving cases of action for injury to land: nuisance, trespass, negligence, and strict liability.

It then discusses common law doctrine directed more precisely at the. Both the United States and the European Union responded to create liability schemes for damage to the environment, although some two decades apart.

Neither scheme provides for liability for personal injury or property values, leaving that to the individual 50 U.S. states and the Member States of the European Union, respectively. Print book: English: of environmental law --The structure of environmental legislation and regulation --International environmental law --European environmental law --Environmental controls --The relationship between planning and pollution control --Environmental impact assessment --Common law liability for environmental damage.

This chapter discusses the potential and the limits of civil law for the prevention and remediation of environmental harm. It first provides a brief overview of the environmental liability regimes established by international conventions, including those on nuclear liability and oil pollution damage by ships, and the basic rules of selected national tort laws (e.g.

fault-based liability, no. The book introduces readers to the most important issues in contemporary environmental law. It mixes theoretical analysis with a practical application of legal instruments for he protection and. The book is the only technical volume that explains how equivalency analysis methods mentioned in Annex II of the European Environmental Liability Directive should be implemented.

It uses case studies to illustrate real-world application of the methods, which are based on the experience in the USA and in the European Union and have been tested.

Environmental Liability. The European Communities (Environmental Liability) Regulationscame into force in Ireland on 1 April These Regulations (SI of ) transpose EU Directive /35/CE on environmental liability with regard to the prevention and remedying of environmental damage.Environmental law, or sometimes known as environmental and natural resources law, is a term used to explain regulations, statutes, local, national and international legislation, and treaties designed to protect the environment from damage and to explain the legal consequences of such damage towards governments or private entities or individuals.Liability for environmental damages Offenses against the environment -- Law and legislation -- European Union countries: Issue Date: Abstract: Respect for legal standards geared towards the protection of the environment depends upon the existence of criminal penalties at law, which ought to be sufficiently dissuasive as well as able to be.