Geoffrey Pridham and José Magone
- Published in print:
- 2006
- Published Online:
- May 2009
- ISBN:
- 9780199202812
- eISBN:
- 9780191708008
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199202812.003.0007
- Subject:
- Political Science, European Union, Democratization
In Southern Europe the environment as a policy sector has evolved along four dimensions, namely, regime change, economic development and social change, cultural patterns and public awareness, and ...
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In Southern Europe the environment as a policy sector has evolved along four dimensions, namely, regime change, economic development and social change, cultural patterns and public awareness, and international pressures. Compared to Northern European countries, the four countries of Southern Europe have made environmental policy a priority only very recently. Across the four countries, in the long run the priority on economic growth has brought about environmental damage. Democratization has favored environmentalism, through constitutional recognition of environmental issues, new policy structures, and the emergence of environmentalist groups, but environmental concerns have not flourished to a large extent. However, Italy is more advanced than the rest of South European countries in growth of environmental awareness. The chapter analyzes four themes: the responsiveness of the democratic regimes to environmental problems, policy priorities, and the handling of environmental issues; the contribution of public concern regarding the environment to the legitimacy of new regimes; and the relationship between environmental policy and international factors.Less
In Southern Europe the environment as a policy sector has evolved along four dimensions, namely, regime change, economic development and social change, cultural patterns and public awareness, and international pressures. Compared to Northern European countries, the four countries of Southern Europe have made environmental policy a priority only very recently. Across the four countries, in the long run the priority on economic growth has brought about environmental damage. Democratization has favored environmentalism, through constitutional recognition of environmental issues, new policy structures, and the emergence of environmentalist groups, but environmental concerns have not flourished to a large extent. However, Italy is more advanced than the rest of South European countries in growth of environmental awareness. The chapter analyzes four themes: the responsiveness of the democratic regimes to environmental problems, policy priorities, and the handling of environmental issues; the contribution of public concern regarding the environment to the legitimacy of new regimes; and the relationship between environmental policy and international factors.
Peter H Sand
- Published in print:
- 2011
- Published Online:
- May 2011
- ISBN:
- 9780199588817
- eISBN:
- 9780191725272
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199588817.003.0076
- Subject:
- Law, Public International Law
Most commentators on the work of the United Nations Compensation Commission (UNCC) agree that the Commission and its law-making record were rather unique in international law, both in terms of ...
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Most commentators on the work of the United Nations Compensation Commission (UNCC) agree that the Commission and its law-making record were rather unique in international law, both in terms of institutional and procedural characteristics, and in terms of the substantive legal rules applied. Within the Commission's range of work in turn, there is a distinct segment that stands apart from the general context of the UNCC ‘regime’; namely the system of compensation for environmental claims, referred to as the ‘F4’ category. This chapter seeks to clarify the question as to why and how, or to what extent, the rules applied to environmental claims were indeed different, or sui generis, as compared with the rest of the UNCC. It is only after this kind of analytic clarification that the ulterior question can be asked as to whether the UNCC/F4 experience may hold any precedential lessons for other claims proceedings in the future.Less
Most commentators on the work of the United Nations Compensation Commission (UNCC) agree that the Commission and its law-making record were rather unique in international law, both in terms of institutional and procedural characteristics, and in terms of the substantive legal rules applied. Within the Commission's range of work in turn, there is a distinct segment that stands apart from the general context of the UNCC ‘regime’; namely the system of compensation for environmental claims, referred to as the ‘F4’ category. This chapter seeks to clarify the question as to why and how, or to what extent, the rules applied to environmental claims were indeed different, or sui generis, as compared with the rest of the UNCC. It is only after this kind of analytic clarification that the ulterior question can be asked as to whether the UNCC/F4 experience may hold any precedential lessons for other claims proceedings in the future.
Louise De La Fayette
- Published in print:
- 2002
- Published Online:
- March 2012
- ISBN:
- 9780199255733
- eISBN:
- 9780191698262
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199255733.003.0009
- Subject:
- Law, Environmental and Energy Law, Comparative Law
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 ...
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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 have developed in different directions, with the former focusing on damage to natural resources and the latter focusing on damage to persons and property, while viewing the US regime with suspicion and even hostility. The chapter considers how far these differences are real and suggests the basic elements of an ‘ideal’ international regime to address the issue of liability and compensation for environmental harm.Less
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 have developed in different directions, with the former focusing on damage to natural resources and the latter focusing on damage to persons and property, while viewing the US regime with suspicion and even hostility. The chapter considers how far these differences are real and suggests the basic elements of an ‘ideal’ international regime to address the issue of liability and compensation for environmental harm.
David Ong
- Published in print:
- 2002
- Published Online:
- March 2012
- ISBN:
- 9780199255733
- eISBN:
- 9780191698262
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199255733.003.0010
- Subject:
- Law, Environmental and Energy Law, Comparative Law
This chapter examines the relationship between environmental damage and pollution in the marine sphere. It begins by tracing the evolution of the legal definition of marine pollution from its ...
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This chapter examines the relationship between environmental damage and pollution in the marine sphere. It begins by tracing the evolution of the legal definition of marine pollution from its scientific origins. It then examines various examples of this definition to understand their implications for the legal definition of marine environmental damage. It presents a case study of marine pollution laws in Malaysia and Singapore to illustrate how the concepts of marine pollution and marine environmental damage are interpreted and applied to these two nations.Less
This chapter examines the relationship between environmental damage and pollution in the marine sphere. It begins by tracing the evolution of the legal definition of marine pollution from its scientific origins. It then examines various examples of this definition to understand their implications for the legal definition of marine environmental damage. It presents a case study of marine pollution laws in Malaysia and Singapore to illustrate how the concepts of marine pollution and marine environmental damage are interpreted and applied to these two nations.
Christian Gollier
- Published in print:
- 2012
- Published Online:
- October 2017
- ISBN:
- 9780691148762
- eISBN:
- 9781400845408
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691148762.003.0010
- Subject:
- Economics and Finance, Development, Growth, and Environmental
This chapter addresses issues regarding the use of cost-benefit analyses in shaping environmental policies. It defines an ecological discount rate compatible with social welfare when the ...
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This chapter addresses issues regarding the use of cost-benefit analyses in shaping environmental policies. It defines an ecological discount rate compatible with social welfare when the representative agent cares about both the economic and ecological environments faced by future generations. This ecological rate at which future environmental damages are discounted may be much smaller than the economic rate at which economic damages are discounted, because of the integration of a potentially increasing willingness to pay for the environment into the ecological discount rate. This increased interest in environmental assets is modeled in this chapter by the potential for increased scarcity of these assets, which drives their value upward through time. The chapter shows that the uncertainties surrounding the future evolution of environmental quality and the economy tend to reduce the discount rates, in particular if they are positively correlated.Less
This chapter addresses issues regarding the use of cost-benefit analyses in shaping environmental policies. It defines an ecological discount rate compatible with social welfare when the representative agent cares about both the economic and ecological environments faced by future generations. This ecological rate at which future environmental damages are discounted may be much smaller than the economic rate at which economic damages are discounted, because of the integration of a potentially increasing willingness to pay for the environment into the ecological discount rate. This increased interest in environmental assets is modeled in this chapter by the potential for increased scarcity of these assets, which drives their value upward through time. The chapter shows that the uncertainties surrounding the future evolution of environmental quality and the economy tend to reduce the discount rates, in particular if they are positively correlated.
Peter Wetterstein
- Published in print:
- 2002
- Published Online:
- March 2012
- ISBN:
- 9780199255733
- eISBN:
- 9780191698262
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199255733.003.0012
- Subject:
- Law, Environmental and Energy Law, Comparative Law
This chapter deals with compensation for environmental damage under the legal systems of the Nordic countries and Germany. It covers the main general laws on (civil) environmental impairment ...
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This chapter deals with compensation for environmental damage under the legal systems of the Nordic countries and Germany. It covers the main general laws on (civil) environmental impairment liability. It discusses the characteristics of the liability systems, the notion of environmental damage, and reparation for environmental damage.Less
This chapter deals with compensation for environmental damage under the legal systems of the Nordic countries and Germany. It covers the main general laws on (civil) environmental impairment liability. It discusses the characteristics of the liability systems, the notion of environmental damage, and reparation for environmental damage.
Michael Bowman and Alan Boyle (eds)
- Published in print:
- 2002
- Published Online:
- March 2012
- ISBN:
- 9780199255733
- eISBN:
- 9780191698262
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199255733.001.0001
- Subject:
- Law, Environmental and Energy Law, Comparative Law
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 ...
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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. The contributors include experts in national and international law, civil and common law, as well as in the laws of developed and developing states, an economist and a member of the UN Compensation Commission.Less
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. The contributors include experts in national and international law, civil and common law, as well as in the laws of developed and developing states, an economist and a member of the UN Compensation Commission.
Irma Adleman, Habib Fetini, and Elise Hardy Golan
- Published in print:
- 2000
- Published Online:
- September 2007
- ISBN:
- 9780199240692
- eISBN:
- 9780191714269
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199240692.003.0008
- Subject:
- Economics and Finance, Development, Growth, and Environmental
Are there systematic associations between environmental conditions and development strategies? This chapter approaches this question from different angles. It starts by reviewing the types of ...
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Are there systematic associations between environmental conditions and development strategies? This chapter approaches this question from different angles. It starts by reviewing the types of environmental damage in developing countries, followed by a discussion of the likely environmental impacts of development strategies. Interaction between energy consumption and trade strategy are examined using cross-country regressions. An alternative model, a simulation model of economy wide effects of energy use, is discussed with the example of Mexico. This discussion is extended using a micro-economic model of the likely impact of agricultural intensification on the economy of a village in a Sub-Saharan African country in the peanut basin of Senegal. This model indicates the severity and pervasiveness of environmental degradation and of its deleterious effects on the poor in a village economy. It is argued that environmental concerns should play a central role, along with income distribution concerns, in the design of development strategies.Less
Are there systematic associations between environmental conditions and development strategies? This chapter approaches this question from different angles. It starts by reviewing the types of environmental damage in developing countries, followed by a discussion of the likely environmental impacts of development strategies. Interaction between energy consumption and trade strategy are examined using cross-country regressions. An alternative model, a simulation model of economy wide effects of energy use, is discussed with the example of Mexico. This discussion is extended using a micro-economic model of the likely impact of agricultural intensification on the economy of a village in a Sub-Saharan African country in the peanut basin of Senegal. This model indicates the severity and pervasiveness of environmental degradation and of its deleterious effects on the poor in a village economy. It is argued that environmental concerns should play a central role, along with income distribution concerns, in the design of development strategies.
Ruth Mackenzie
- Published in print:
- 2002
- Published Online:
- March 2012
- ISBN:
- 9780199255733
- eISBN:
- 9780191698262
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199255733.003.0005
- Subject:
- Law, Environmental and Energy Law, Comparative Law
This chapter focuses on the risks posed by genetically modified crops. It argues that many of the risks which are likely to materialize fall comfortably within traditional heads of damage such as ...
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This chapter focuses on the risks posed by genetically modified crops. It argues that many of the risks which are likely to materialize fall comfortably within traditional heads of damage such as personal injury or damage to property. There is also, however, a risk of environmental damage per se, which legal systems may find more problematic. In particular, the notion of damage to ‘biological diversity’ requires careful consideration, especially in light of the definition in the Biodiversity Convention. In the same context, while compensable damage should include the costs of preventive measures and reasonable measures of reinstatement, it should not be so limited, since it may well no longer be feasible to recall the GMO in question.Less
This chapter focuses on the risks posed by genetically modified crops. It argues that many of the risks which are likely to materialize fall comfortably within traditional heads of damage such as personal injury or damage to property. There is also, however, a risk of environmental damage per se, which legal systems may find more problematic. In particular, the notion of damage to ‘biological diversity’ requires careful consideration, especially in light of the definition in the Biodiversity Convention. In the same context, while compensable damage should include the costs of preventive measures and reasonable measures of reinstatement, it should not be so limited, since it may well no longer be feasible to recall the GMO in question.
Tim Lang, David Barling, and Martin Caraher
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780198567882
- eISBN:
- 9780191724121
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198567882.001.0001
- Subject:
- Public Health and Epidemiology, Public Health, Epidemiology
For over half a century, food policy has mapped a path for progress based upon a belief that the right mix of investment, scientific input, and human skills could unleash a surge in productive ...
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For over half a century, food policy has mapped a path for progress based upon a belief that the right mix of investment, scientific input, and human skills could unleash a surge in productive capacity which would resolve humanity's food-related health and welfare problems. It assumed that more food would yield greater health and happiness by driving down prices, increasing availability, and feeding more mouths. In the 21st century, this policy mix is quietly becoming unstuck. In a world marred by obesity alongside malnutrition, climate change alongside fuel and energy crises, water stress alongside more mouths to feed, and social inequalities alongside unprecedented accumulation of wealth, the old rubric of food policy needs re-evaluation. This book explores the enormity of what the new policy mix must address, taking the approach that food policy must be inextricably linked with public health, environmental damage, and social inequalities to be effective. This book reflects the myriad of perspectives essential to a comprehensive view of modern food policy. It attempts to make sense of what is meant by food policy; explores whether the term has any currency in current policy discourse; assesses whether current policies help or hinder what happens; judges whether consensus can triumph in the face of competing bids for understanding; looks at all levels of governance, across the range of actors in the food system, from companies and the state to civil society and science; considers what direction food policies are taking, not just in the UK but internationally; assesses who (and what) gains or loses in the making of these food policies; and identifies a modern framework for judging how good or limited processes of policy-making are.Less
For over half a century, food policy has mapped a path for progress based upon a belief that the right mix of investment, scientific input, and human skills could unleash a surge in productive capacity which would resolve humanity's food-related health and welfare problems. It assumed that more food would yield greater health and happiness by driving down prices, increasing availability, and feeding more mouths. In the 21st century, this policy mix is quietly becoming unstuck. In a world marred by obesity alongside malnutrition, climate change alongside fuel and energy crises, water stress alongside more mouths to feed, and social inequalities alongside unprecedented accumulation of wealth, the old rubric of food policy needs re-evaluation. This book explores the enormity of what the new policy mix must address, taking the approach that food policy must be inextricably linked with public health, environmental damage, and social inequalities to be effective. This book reflects the myriad of perspectives essential to a comprehensive view of modern food policy. It attempts to make sense of what is meant by food policy; explores whether the term has any currency in current policy discourse; assesses whether current policies help or hinder what happens; judges whether consensus can triumph in the face of competing bids for understanding; looks at all levels of governance, across the range of actors in the food system, from companies and the state to civil society and science; considers what direction food policies are taking, not just in the UK but internationally; assesses who (and what) gains or loses in the making of these food policies; and identifies a modern framework for judging how good or limited processes of policy-making are.
Cymie R. Payne
- Published in print:
- 2017
- Published Online:
- November 2017
- ISBN:
- 9780198784630
- eISBN:
- 9780191827051
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198784630.003.0015
- Subject:
- Law, Public International Law, Environmental and Energy Law
The United Nations Compensation Commission (‘UNCC’) is a unique model for liability and compensation of environmental damage in an international context, influencing both jus in bello and jus post ...
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The United Nations Compensation Commission (‘UNCC’) is a unique model for liability and compensation of environmental damage in an international context, influencing both jus in bello and jus post bellum. The UNCC provided a legal process that catalogued, assessed, and awarded money to pay to clean and repair the damaged soil, water, coastal ecosystems, and other harms resulting from the 1990–1 Gulf War. Its contributions include integration of environmental law principles into the reparations process; use of advanced techniques for assessment of environmental damage; and use of a multilateral process in a way that balanced confidentiality and transparency. The UNCC environmental programme, viewed as an innovative approach to justice after war, highlights the contribution that the environmental integrity norm can make.Less
The United Nations Compensation Commission (‘UNCC’) is a unique model for liability and compensation of environmental damage in an international context, influencing both jus in bello and jus post bellum. The UNCC provided a legal process that catalogued, assessed, and awarded money to pay to clean and repair the damaged soil, water, coastal ecosystems, and other harms resulting from the 1990–1 Gulf War. Its contributions include integration of environmental law principles into the reparations process; use of advanced techniques for assessment of environmental damage; and use of a multilateral process in a way that balanced confidentiality and transparency. The UNCC environmental programme, viewed as an innovative approach to justice after war, highlights the contribution that the environmental integrity norm can make.
Nükhet Turgut
- Published in print:
- 2002
- Published Online:
- March 2012
- ISBN:
- 9780199255733
- eISBN:
- 9780191698262
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199255733.003.0016
- Subject:
- Law, Environmental and Energy Law, Comparative Law
This chapter analyzes some key issues of environmental damage. It first examines the main provisions of the Environment Act of 1983 by comparing it with the conventional rules of tort law. It ...
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This chapter analyzes some key issues of environmental damage. It first examines the main provisions of the Environment Act of 1983 by comparing it with the conventional rules of tort law. It highlights the commitments in the face of international conventions which Turkey has signed and/or ratified. Finally, the chapter evaluates the shortcomings, ongoing developments, and future expectations with regard to the definition of and liability for environmental damage.Less
This chapter analyzes some key issues of environmental damage. It first examines the main provisions of the Environment Act of 1983 by comparing it with the conventional rules of tort law. It highlights the commitments in the face of international conventions which Turkey has signed and/or ratified. Finally, the chapter evaluates the shortcomings, ongoing developments, and future expectations with regard to the definition of and liability for environmental damage.
Winston Anderson
- Published in print:
- 2002
- Published Online:
- March 2012
- ISBN:
- 9780199255733
- eISBN:
- 9780191698262
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199255733.003.0018
- Subject:
- Law, Environmental and Energy Law, Comparative Law
This chapter discusses environmental damage remediation in the Caribbean region. It argues that Caribbean jurisprudence appears to be at a crossroads on the issue of valuation of ecological damage. ...
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This chapter discusses environmental damage remediation in the Caribbean region. It argues that Caribbean jurisprudence appears to be at a crossroads on the issue of valuation of ecological damage. Traditional approaches which omitted the environment from economics are now being challenged by several legislative provisions and administrative opportunities that allow for the accounting of ecological damage. From this perspective, it appears that the integration of environment and economics is a done deal. The only remaining question is the speed in which this recognition will take hold in those responsible for statutory interpretation and administration, and the manner in which integration will proceed.Less
This chapter discusses environmental damage remediation in the Caribbean region. It argues that Caribbean jurisprudence appears to be at a crossroads on the issue of valuation of ecological damage. Traditional approaches which omitted the environment from economics are now being challenged by several legislative provisions and administrative opportunities that allow for the accounting of ecological damage. From this perspective, it appears that the integration of environment and economics is a done deal. The only remaining question is the speed in which this recognition will take hold in those responsible for statutory interpretation and administration, and the manner in which integration will proceed.
Mojtaba Kazazi
- Published in print:
- 2002
- Published Online:
- March 2012
- ISBN:
- 9780199255733
- eISBN:
- 9780191698262
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199255733.003.0007
- Subject:
- Law, Environmental and Energy Law, Comparative Law
This chapter provides an overview of the processing and valuation of the United Nations Compensation Commission (UNCC) environmental claims. The discussion is preliminary in nature since the Panel of ...
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This chapter provides an overview of the processing and valuation of the United Nations Compensation Commission (UNCC) environmental claims. The discussion is preliminary in nature since the Panel of Commissioners tasked with reviewing environmental claims has not yet issued any recommendations on 107 claims for monitoring and assessment of environmental losses in March 2001, and plans to issue its reports and recommendations by December 2004.Less
This chapter provides an overview of the processing and valuation of the United Nations Compensation Commission (UNCC) environmental claims. The discussion is preliminary in nature since the Panel of Commissioners tasked with reviewing environmental claims has not yet issued any recommendations on 107 claims for monitoring and assessment of environmental losses in March 2001, and plans to issue its reports and recommendations by December 2004.
Malgosia Fitzmaurice
- Published in print:
- 2002
- Published Online:
- March 2012
- ISBN:
- 9780199255733
- eISBN:
- 9780191698262
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199255733.003.0013
- Subject:
- Law, Environmental and Energy Law, Comparative Law
This chapter examines the Polish system of environmental liability and evaluation of damage. It argues that the Polish system is both confusing and rigid. Some of the confusion stems from the unclear ...
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This chapter examines the Polish system of environmental liability and evaluation of damage. It argues that the Polish system is both confusing and rigid. Some of the confusion stems from the unclear system of liability of environmental damage which encompasses different branches of law. The lack of clear division between these types of liability influences evaluation.Less
This chapter examines the Polish system of environmental liability and evaluation of damage. It argues that the Polish system is both confusing and rigid. Some of the confusion stems from the unclear system of liability of environmental damage which encompasses different branches of law. The lack of clear division between these types of liability influences evaluation.
Donald Reid
- Published in print:
- 2002
- Published Online:
- March 2012
- ISBN:
- 9780199255733
- eISBN:
- 9780191698262
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199255733.003.0014
- Subject:
- Law, Environmental and Energy Law, Comparative Law
This chapter addresses the question of what environmental damage is and how far the law of Scotland recognizes the concept at all. It considers the part played by the ‘common law’ of Scotland and the ...
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This chapter addresses the question of what environmental damage is and how far the law of Scotland recognizes the concept at all. It considers the part played by the ‘common law’ of Scotland and the impact of legislation in this field. It argues that Scots law is a hybrid system that does not, of itself, assist in the definition and evaluation of environmental damage.Less
This chapter addresses the question of what environmental damage is and how far the law of Scotland recognizes the concept at all. It considers the part played by the ‘common law’ of Scotland and the impact of legislation in this field. It argues that Scots law is a hybrid system that does not, of itself, assist in the definition and evaluation of environmental damage.
Etienne Sinatambou
- Published in print:
- 2002
- Published Online:
- March 2012
- ISBN:
- 9780199255733
- eISBN:
- 9780191698262
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199255733.003.0015
- Subject:
- Law, Environmental and Energy Law, Comparative Law
This chapter begins with an overview of the manner and extent to which the legal provisions inherited since the beginning of the 19th century provide for liability and recovery of environmental ...
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This chapter begins with an overview of the manner and extent to which the legal provisions inherited since the beginning of the 19th century provide for liability and recovery of environmental damages in Mauritius. It then addresses a number of difficulties which have been, and were bound to be encountered, through the use of these provisions and the rules of standing, in defining and evaluating environmental damage. Finally, the chapter focuses on the emergence of a specific liability and compensatory statutory regime which, ex post facto, encompasses comprehensive elements for the evaluation of environmental damage and provides elements for a definition thereof, though this regime is of limited application.Less
This chapter begins with an overview of the manner and extent to which the legal provisions inherited since the beginning of the 19th century provide for liability and recovery of environmental damages in Mauritius. It then addresses a number of difficulties which have been, and were bound to be encountered, through the use of these provisions and the rules of standing, in defining and evaluating environmental damage. Finally, the chapter focuses on the emergence of a specific liability and compensatory statutory regime which, ex post facto, encompasses comprehensive elements for the evaluation of environmental damage and provides elements for a definition thereof, though this regime is of limited application.
Susana Vieira
- Published in print:
- 2002
- Published Online:
- March 2012
- ISBN:
- 9780199255733
- eISBN:
- 9780191698262
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199255733.003.0017
- Subject:
- Law, Environmental and Energy Law, Comparative Law
This chapter examines environmental damage valuation in Brazil. Brazilian law allows for the use of five autonomous and immediate techniques, some of them general and direct, other special and ...
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This chapter examines environmental damage valuation in Brazil. Brazilian law allows for the use of five autonomous and immediate techniques, some of them general and direct, other special and direct, for dealing with environmental damage responsibility. These are rights of neighbourhood, extra-contractual civil responsibility based on guilt, objective civil responsibility under the National Environmental Policy Law, objective civil responsibility under the Consumer Defence Code in cases involving consumer relations, and special civil responsibility in the case of mining, forestry, or nuclear activities, as well as the use of toxic products in agriculture.Less
This chapter examines environmental damage valuation in Brazil. Brazilian law allows for the use of five autonomous and immediate techniques, some of them general and direct, other special and direct, for dealing with environmental damage responsibility. These are rights of neighbourhood, extra-contractual civil responsibility based on guilt, objective civil responsibility under the National Environmental Policy Law, objective civil responsibility under the Consumer Defence Code in cases involving consumer relations, and special civil responsibility in the case of mining, forestry, or nuclear activities, as well as the use of toxic products in agriculture.
Elisa Morgera
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199558018
- eISBN:
- 9780191705311
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199558018.003.0001
- Subject:
- Law, Public International Law, Environmental and Energy Law
This chapter provides an overview of egregious cases of corporate environmental damage and the day-to-day negative impacts of the private sector. It then addresses recent initiatives at the ...
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This chapter provides an overview of egregious cases of corporate environmental damage and the day-to-day negative impacts of the private sector. It then addresses recent initiatives at the international level based on the desirability of the private sector's proactive contribution to the attainment of internationally agreed goals and the implementation of multilateral environmental agreements. It briefly discusses the role of the private sector in relation to ecosystem services. The chapter aims at providing the pragmatic and ethical justification for the study.Less
This chapter provides an overview of egregious cases of corporate environmental damage and the day-to-day negative impacts of the private sector. It then addresses recent initiatives at the international level based on the desirability of the private sector's proactive contribution to the attainment of internationally agreed goals and the implementation of multilateral environmental agreements. It briefly discusses the role of the private sector in relation to ecosystem services. The chapter aims at providing the pragmatic and ethical justification for the study.
Thomas Schoenbaum
- Published in print:
- 2002
- Published Online:
- March 2012
- ISBN:
- 9780199255733
- eISBN:
- 9780191698262
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199255733.003.0011
- Subject:
- Law, Environmental and Energy Law, Comparative Law
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 ...
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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 use and protection of natural resources: the public trust doctrine. Thirdly, recent statutory rights to recover environmental damages under American law are summarized. With this, it is possible to draw some conclusions about environmental damage and the common law that are relevant to international practice.Less
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 use and protection of natural resources: the public trust doctrine. Thirdly, recent statutory rights to recover environmental damages under American law are summarized. With this, it is possible to draw some conclusions about environmental damage and the common law that are relevant to international practice.
