Author : Stephen Mark Gardiner
Publisher : Oxford University Press
Page : 617 pages
File Size : 31,92 MB
Release : 2017
Category : Philosophy
ISBN : 0199941335
This handbook is currently in development, with individual articles publishing online in advance of print publication. At this time, we cannot add information about unpublished articles in this handbook, however the table of contents will continue to grow as additional articles pass through the review process and are added to the site. Please note that the online publication date for this handbook is the date that the first article in the title was published online.
Author : Tarcísio Hardman Reis
Publisher : Kluwer Law International B.V.
Page : 250 pages
File Size : 46,47 MB
Release : 2011-01-01
Category : Law
ISBN : 9041134379
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.
Author : Barbara Pozzo
Publisher :
Page : 0 pages
File Size : 41,54 MB
Release : 2021
Category : Environmental law
ISBN : 9781839700262
"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.
Author : Roda Verheyen
Publisher : Martinus Nijhoff Publishers
Page : 419 pages
File Size : 37,56 MB
Release : 2005-01-01
Category : Law
ISBN : 9004146504
This book is the first comprehensive assessment of the legal duties of states with regard to human induced climate change damage. By discussing the current state of climate science in the context of binding international law, it convincingly argues that compensation for such damage could indeed be recoverable. The author analyses legal duties requiring states to prevent climate change damage, and discusses to what extent a breach of these duties will give rise to state responsibility (international liability). The analysis includes the UN Framework Convention on Climate Change and the Kyoto Protocol, but also various nature/ biodiversity protection and law of the sea instruments, as well as the no-harm-rule as a key provision of customary international law. The challenge in applying the different aspects of the law on state responsibility, including causation and standard of proof, are discussed in three case studies, and the questions raised by multiple polluters explored in depth. Against this background, the author advocates an internationally negotiated solution to the issue of climate change damage.
Author : Francesco Francioni
Publisher :
Page : 499 pages
File Size : 21,83 MB
Release : 1991
Category : Government liability (International law)
ISBN : 9781853332753
Author : Lester W. Milbrath
Publisher : State University of New York Press
Page : 432 pages
File Size : 47,29 MB
Release : 1989-11-01
Category : Religion
ISBN : 1438413084
The evidence is increasingly persuasive. We are changing the way our planet's physical systems work—irrevocably. These changes are global and interconnected and unavoidable. They are upon us already, making it virtually impossible for any modern society to continue its present trajectory of growth. This book provides a penetrating analysis of how we have come to this point, of why science and technology will fail to solve these problems, and of how we as a society must change in order to avoid ecological catastrophe. The scope is broad, the urgency of the message is impossible to ignore.
Author : Jay E. Austin
Publisher : Cambridge University Press
Page : 720 pages
File Size : 32,18 MB
Release : 2000-10-26
Category : Law
ISBN : 9780521780209
The environmental devastation caused by military conflict has been witnessed in the wake of the Vietnam War, the Gulf War and the Kosovo conflict. This book brings together leading international lawyers, military officers, scientists and economists to examine the legal, political, economic and scientific implications of wartime damage to the natural environment and public health. The book considers issues raised by the application of humanitarian norms and legal rules designed to protect the environment, and the destructive nature of war. Contributors offer an analysis and critique of the existing law of war framework, lessons from peacetime environmental law, means of scientific assessment and economic valuation of ecological and public health damage, and proposals for future legal and institutional developments. This book provides a contemporary forum for interdisciplinary analysis of armed conflict and the environment, and explores ways to prevent and redress wartime environmental damage.
Author : Jason Rudall
Publisher : Edward Elgar Publishing
Page : 353 pages
File Size : 26,70 MB
Release : 2024-04-12
Category : Law
ISBN : 1803920718
Engaging with one of the most consequential issues of our time, this book offers a comprehensive analysis of responsibility for environmental damage under international law. In doing so, it considers the responsibility, liability and accountability of state and non-state actors for harm caused to the environment and non-compliance with environmental norms across a wide range of multilateral regulatory frameworks.
Author : Sandrine Maljean-Dubois (juriste))
Publisher :
Page : 0 pages
File Size : 49,76 MB
Release : 2017
Category : Environmental law
ISBN : 9781780684673
This book is the third volume in the European Environmental Law Forum (EELF) book series. The EELF is a non-profit initiative of environmental law scholars and practitioners from across Europe aiming to support intellectual exchange on the development and implementation of international, European and national environmental law in Europe. One of the activities of the EELF is an annual conference. This book is comprised of fifteen contributions presented at the Third EELF Conference in Aix-en-Provence, hosted by the Central European Research Infrastructure Consortium, at Aix-Marseille University, September 2015. The central topic of the book is the effectiveness of environmental law. The impressive development in environmental law has not always been matched by corresponding improvements in environmental quality. The threats to our environment and, by extension, to our health have never been so numerous or serious. But paradoxically, the effectiveness of environmental law has been a long-neglected issue. This book offers a fruitful and stimulating dialogue between practitioners and academics, from varied countries and varied fields, combining empirical and theoretical approaches. The contributions go from classical-but still necessary-tools (control, criminal, administrative, civil sanctions, liability rules, strengthening of the regulatory structure, and the role of judges), to more innovative ones (public participation, effectiveness of instrument mixes, collaborative governance, hybrid governance, and private environmental enforcement). (Series: European Environmental Law Forum, Vol. 3) Subject: Environmental Law, European Law]
Author : Przemyslaw Saganek
Publisher : BRILL
Page : 670 pages
File Size : 20,29 MB
Release : 2015-11-09
Category : Law
ISBN : 9004274618
In Unilateral Acts of States in Public International Law Przemysław Saganek discusses one of the most important sources of States’ obligations in international law. He analyzes in a critical way the classical catalogue of unilateral acts comprising: promise, waiver, recognition and protest. He convincingly proves that this list is misleading as it oversees several important acts of States. On the other hand, several classical acts do not necessarily give rise to legal effects or are not necessarily unilateral. The author undertakes a thorough analysis of several types of acts, showing their similarities and dissimilarities. He concludes that the group category of ‘unilateral acts’ covers such diverse elements that they could be hardly codified in a single set of rules.
