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Shifts in Compensation for Environmental Damage by Michael Faure,Albert Verheij Pdf
In many countries, various shifts have taken place between private and public funding regarding environmental damage compensation. This book theoretically examines these shifts and offers many supporting practical examples. Coverage also examines shifts in private and public compensation mechanisms and describes shifts in some national legal systems towards greater government involvement as well as within specific private legal systems.
Shifts in Compensation for Environmental Damage by Michael Faure,Albert Verheij Pdf
In many countries, various shifts have taken place between private and public funding regarding environmental damage compensation. This book theoretically examines these shifts and offers many supporting practical examples. Coverage also examines shifts in private and public compensation mechanisms and describes shifts in some national legal systems towards greater government involvement as well as within specific private legal systems.
Compensation for Environmental Damage Under International Law by Jason Rudall Pdf
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.
The central goal of this book is to provide a state-of-the-art overview of the literature with respect to the economic analysis of tort law. It sure meets the challenge, offering with great expertise a comprehensive presentation of tort law in both economic and comparative perspectives. The clarity of the text, unusual in the law and economics literature, makes the book accessible to a broad readership of economists with a limited legal background and lawyers with limited economic skills. Olivier Moreteau, Louisiana State University, US Tort Law and Economics, ed. Michael Faure, provides a highly useful economic overview of the most important topics of tort law. The authors clearly show the main developments of the discussion, examining the results of recent studies and stating their own opinions. Detailed bibliographies are included. The volume has to be warmly recommended to friends and foes of economic analysis who are provided with a comprehensive update in this field while also indicating areas which critics have to focus on. Helmut Koziol, European Centre of Tort and Insurance Law, Austria This volume provides a state-of-the-art overview of the literature on the economic analysis of tort law. In sixteen chapters, the specialist authors guide the reader through the often vast literature in each domain providing a balanced and comprehensive summary. Particular attention is paid to the evolution of the field, further refinements to economic models and relevant conclusions and lessons for the policymaker. Tort Law and Economics is part of the Encyclopedia of Law and Economics, and enables readers, some not familiar with law and economics, to obtain an insight in the relevant economic literature concerning tort law and economics. This book will be of interest to lawyers and economists, practitioners and academics interested in accident law, tort law, insurance and regulation. It will also appeal to students in economic analysis of law and policymakers working on prevention of accidents, tort law or compensation of accident victims.
The Global Environment by Regina S. Axelrod,Stacy D. VanDeveer Pdf
The new edition of Regina S. Axelrod and Stacy D. VanDeveer’s award-winning volume, The Global Environment: Institutions, Law, and Policy, reflects the latest events in global environmental politics and sustainable development while providing balanced coverage of the key institutions, issues, laws, and policies. The volume has been reorganized to better highlight global environmental institutions, major state and non-state actors, and includes an expanded set of cases such as climate change, biodiversity, hazardous chemicals, ozone layer depletion, nuclear energy and resource consumption. Based on reviewer feedback, the new edition broadens coverage of the growing global environmental agenda and explores the relationships between states, NGOs, and international organizations.
Author : Michael Faure,Andre Van der Walt Publisher : Edward Elgar Publishing Page : 509 pages File Size : 46,7 Mb Release : 2010-01-01 Category : Law ISBN : 9781849805216
Globalization and Private Law by Michael Faure,Andre Van der Walt Pdf
This timely book explores the relationship between private law and globalization. It examines the consequences of the fact that law making now takes place in a globalized world which increasingly leads to questions of accountability and legitimacy of the law making process. Within this work, European and South African scholars deal with the relationship between private law and globalization in fourteen innovative chapters, addressing inter alia globalization, democracy and accountability, harmonization versus decentralization, public law issues, corporate governance, procedural issues as well as human rights and the environment. This well-documented and original study will be a valuable resource for academics and legal practitioners as well as students. Specialists in private law, transnational law, international law and legal theory should also not be without this important book.
Maritime Pollution Liability and Policy by Faure Pdf
The approach throughout is both legal multi-disciplinary and comparative. The relevant international conventions are examined (particularly the 'Bunker Convention' of 2008), with particular attention to their implementation in China and Europe, as well as the independent US regime. In addition, detailed empirical data from well-known case studies provide important insights into the working of international and national prevention and compensation mechanisms.
China and International Environmental Liability by Michael G. Faure,Song Ying Pdf
Few countries are likely to have a more important global environmental role in coming years than the People s Republic of China. Professors Faure and Song have prepared a remarkable collection of essays that provide valuable insight on one key aspect: China s engagement with issues of liability for environmental damage at the domestic and international levels. There is much to be learnt from the pages of this commendable, rich and accessible work. Philippe Sands QC, University College London and Matrix Chambers, UK This book considers the ways in which transboundary environmental pollution can be remedied through a variety of legal instruments. Particular attention is paid to the pollution of the Songhua river in China, but legal remedies to transboundary pollution are also discussed in a broader context. The focus of the book is on international environmental law and international conventions as well as the application of national environmental law in a transboundary legal context. Thus contributions also concentrate on voluntary approaches, the importance of transboundary environmental impact assessment and the application of national criminal law to transboundary pollution. Not only is transboundary pollution discussed from the perspective of international law, but also from that of the application of national law to transboundary pollution, thus centering on private law, administrative law and criminal law. As such, this book will be of great interest to academics, practitioners and students.
The Role of International Environmental Law in Disaster Risk Reduction by Jacqueline Peel,David Fisher Pdf
Located at the intersection of international environmental and disaster law, this edited volume explores how environmental law approaches might be employed to reduce disaster risk, and how evolving policy tools for natural disasters influence environmental regimes focused on manmade risks.
Commercial and Maritime Law in China and Europe by Shengnan Jia,Lijun Liz Zhao Pdf
Both China and Europe have a long tradition of commercial and maritime law; and this new book examining various topics from their particular perspectives is both timely and important. It links the vital component of maritime law with commercial law, financial law and trade policy. The book has performed a remarkable task in making connections between China and Europe through the lenses of substantive and procedrual laws, covering a wide range of areas, including commercial law, insurance law, salvage, EU maritime law and Brexit, carriage of goods by sea, arbitration, mediation, litigation, the recently formed China International Commercial Court, and different liability regimes, as well as a brief look forward into new initiatives and artificial intelligence in the digital age. In these challenging times, we all have much to learn from each other in seeking to find answers to what are often difficult problems. This book provides a welcome opportunity for anyone interested in commercial and maritime law to engage in that learning exercise and, looking ahead, thereby to help solve such problems as may arise in the future – in a practical and fair manner. It is therefore of great relevance to both the academic field and the legal practice field in China and Europe.
Global Environmental Commons by Eric Brousseau,Tom Dedeurwaerdere,Pierre-André Jouvet,Marc Willinger Pdf
Environmental challenges, and the potential solutions to address them, have a direct effect on living standards, the organization of economies, major infrastructures, and modes of urbanization. Since the publication of path-breaking contributions on the governance of environmental resources in the early 1990s, many political initiatives have been taken, numerous governance experiments have been conducted, and a large multi-disciplinary field of research has opened up. This interdisciplinary book takes stock of the knowledge that has accumulated to date, and addresses new challenges in the provision of environmental goods. It focuses on three essential dimensions with respect to governance. First, it addresses the issue of designing governance solutions through analyzing systems of rules, and levels of organization, in the governance and management of environmental issues. Second, it draws renewed attention to the negotiation processes among stakeholders playing a crucial role in reaching agreements over issues and solutions, and in choosing and implementing particular policy instruments. Finally, it shows that compliance depends on a combination of formal rules, enforced by recognized authorities, and informal obligations, such as social and individual norms. The evolution of the research frontiers on environmental governance shows that more legitimate and informed processes of collective decision, and more subtle and effective ways of managing compliance, can contribute to more effective policy. However, this book also illustrates that more democratic and effective governance should rely on more direct and pluralistic forms of involvement of citizens and stakeholders in the collective decision making processes
Civil Liability for Marine Oil Pollution Damage by Wang Hui Pdf
This remarkable book – the first in-depth examination of the civil liability regime for marine oil pollution damage from a law and economics perspective – examines the efficiency and effectiveness of the regime, with particular attention to whether it is in fact designed in the public interest or merely a distribution of risks and costs among interested parties. The question is asked: does the liability system give the potential polluter incentives to take precautionary measures to avoid pollution or to reduce the possibility of pollution? The international regime on civil liability for marine oil pollution rests on the International Convention on Civil Liability for Oil Pollution Damage (CLC) and the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (Fund Convention). However, the world’s biggest oil consumer and importer – the United States – has ratified neither, preferring its own Oil Pollution Act of 1990 (OPA), and China – currently the world’s second oil-consuming country – has not ratified the Fund Convention. Thus it is reasonable to compare the three regimes – international, US, and China – as such a comparative study may reveal some advantages or disadvantages among the three systems. Among the issues raised and tackled head-on by the author are the following: whether the contents of international conventions can be considered as the result of the influence of the various interest groups involve; overview of the regulations of marine pollution; technical standards, rules for operation, professional criteria; to what extent a state may take action against trans-boundary polluting activities; what liability a state may incur for non-action or non-effective action; significance for liability of the charter-party, generally considered the evidence of the hire of a ship, and the bill of lading, considered the evidence of the contract of carriage of goods by sea; the crucial role of the so-called ‘International Group’ of 13 Protection and Indemnity (P & I) Clubs, non-profit organizations specializing in liability insurance; the main international players – the International Maritime Organization (IMO), the Comité Maritime International (CMI), and industry organizations such as INTERTANKO and the Oil Companies International Marine Forum (OCIMF); the particular regime on offshore facility pollution liability in the United States; port state control; criminal liability; and EU and other regional initiatives. In addition, a detailed study of the Erika case reveals some of the rationale for many of the persistent features of marine pollution liability regimes. The well-thought-out legal and economic analysis provided in this book, along with its clearly stated policy recommendations and constructive perspectives for future development of the liability system, will be immeasurably valuable to lawyers and policymakers active in this highly visible area of international law.
