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The EU Environmental Liability Directive by Lucas Bergkamp,Barbara Goldsmith Pdf
The 2004 Environmental Liability Directive (ELD) created a legal regime for the restoration of environmental damage that was novel to all EU Member States. This is the first book to provide a comprehensive commentary on legal issues arising under the ELD as well as guidance on interpreting and applying the ELD.
Equivalency Methods for Environmental Liability by Joshua Lipton,Ece Özdemiroğlu,David Chapman,Jennifer Peers Pdf
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 in three years of training programs funded by the European Commission. Academically rigorous and technically comprehensive, the book is intended for technical experts wanting to assess damage and remediation options as well as for decision-makers wishing to commission such assessments and judge their quality. These include competent authorities, operators, financial security providers, academics, consultants and NGOs.
Environmental Damage and Liability Problems in a Multilevel Context by Sandra Cassotta Pdf
There is a growing interest at different decision-making levels (EU, international and national) in using liability as an element in solving the legal problems of environmental harm. The interest is founded on the necessity to take into account of complex inter-dependencies and interrelationships between the environmental media at global, regional and national levels. In an effort to implement the aims of sustainable development, new views of the traditional liability instrument have to be applied. The book focuses on the Environmental Liability Directive 2004/35/EC (the so-called “ELD”) on the prevention and remedying of environmental damage, and evaluates as to whether the ELD has achieved its goals and maintained its ambitions in terms of environmental protection, and what the optimal level of harmonization in terms of environmental protection is. In order to address the question of research of this book, an interdisciplinary framework of analysis and methodology combining political science and law are developed. Since environmental damage is a multidimensional and multidisciplinary problem, par excellence, a multidisciplinary approach is required. Consequently, the use of a multidisciplinary method, combining together in a systematic and rigorous fashion, law, political science, technical elements of economy, insurance law and natural science, is, in the research design of this study, necessary, in a view of tackling the topic in a scientific problem solving-oriented approach. The book draws the overall conclusions by suggesting proposals for amendments and recommendations to be utilized for possible redrafting of the ELD’s provisions for the time when the ELD will be object of a procedure of revision. This book will be of interest to practitioners in EU law and EU Environmental law, international environmental law, legal experts on the law of environmental liability, specialists within international organizations but also by political scientists, economists, insurance law specialists, and natural scientists.
EU Environmental Law by Geert Van Calster,Leonie Reins Pdf
EU Environmental Law discusses the reality for legal practice throughout the EU, as environmental law of the Member States is becoming ever less 'national'. Consequentially European environmental regulation is becoming more complex and interrelated, making it an emerging field of study for European law graduates, and an area of increasing exposure to the legal profession. This book gives readers a thorough overview of core European environmental law, with a section on the basic framework and principles, as well as on substantive law issues giving insight into the legislation in the different sectors and the most topical developments.
EU Environmental Law, International Environmental Law, and Human Rights Law by Armelle Gouritin Pdf
EU Environmental Law, International Environmental Law, and Human Rights Law: The Case of Environmental Responsibility offers a critical appraisal of EU environmental responsibility law and the input of a rights-based approach and international environmental law.
Environmental Liability in a Federal System by Kristel de Smedt Pdf
A book series devoted to the common foundations of the European legal systems. The lus Commune Europaeum series includes comparative legal studies as well as studies on the effect of treaties within national legal systems. All areas of the law are covered. The books are published in various European languages under the auspices of METRO, the Institute for Transnational Legal Research at Maastricht University. The book examines the harmonisation of environmental liability rules in a federal system from a law and economics perspective. Throughout the book, soil pollution is used as an example. The author uses public interest and private interest theories to examine at which level environmental liability rules best can be decided in a federal system. The harmonisation of environmental liability rules in the European Union by means of Directive 2004/35/CE on Environmental Liability with Regard to the Prevention and Remedying of Environmental Damage induced this research. The Environmental Liability Directive gave rise to much controversy and conflict and resulted in animated academic and political debates on the role of liability rules for environmental damage and on the optimal policy level of liability rules for environmental damage in the European Union. Therefore, this book tries to unravel the decision-making process behind the Environmental Liability Directive, and the reasons and consequences of harmonisation. The author examines whether the harmonisation of environmental liability rules in the European Union corresponds with the optimal policy level of environmental liability rules as propounded by the economic theory on federalism and, if not, how harmonisation of environmental liability rules in the European Union can be explained. The author concludes that the shift of environmental liability rules to the European level was inefficient and does not correspond with the economic criteria or centralisation. Moreover, the content of the Directive itself shows inefficiencies. At the same time, the analysis in this book makes clear that the existence and the content of the Environmental Liability Directive largely can be explained by private interest distortions. Although this book studies environmental liability in the European Union, a similar line of reasoning could be applied to other fields of regulation. This book will therefore be of interest to all economists, lawyers and practitioners interested in regulation and the organisation of regulation in a federal system. Book jacket.
Environmental Liability and the Interplay between EU Law and International Law by Emanuela Orlando Pdf
The role of law in responding to global environmental problems and the interplay between different levels of regulation and governance is becoming increasingly relevant in the field of liability and reparation for environmental damage. This book examines the relationship and reciprocal influences between the EU and the international legal order in a multilevel and comparative perspective, in relation to the ongoing efforts to elaborate effective regimes of liability and reparation for environmental damage. It offers a comparative analysis of legal developments in the field of environmental liability within the EU and at the international law level and addresses questions concerning the impact of such interaction on the development, implementation and enforcement of appropriate responses to environmental damage within the respective legal orders and on a global level. Given the book’s focus and the transnational legal dimension of the issues covered, this volume will be of great interest to legal academics and researchers working in the environmental law field from an EU law and international law perspective, as well as more generally to scholars interested in the study of the relationship between EU and international law. Outside academia, the book will also be of great interest to practitioners wishing to get insights into the application of the law of environmental liability in the EU and at the international law level.
International Documents on Environmental Liability by Hannes Descamps,Robin Slabbinck,Hubert Bocken Pdf
International Documents on Environmental Liability brings together 30 official full-text documents in the field of international environmental liability into an easily accessible, practical handbook; details the work of the International Law Commission on this topic; and provides the latest versions of international liability conventions and their statuses – including the latest on: (1) 2003 UNECE Kyiv Liability Protocol; (2) 2004 EC Directive on Environmental Liability; (3) 2005 Antartica Liability Annex. The authors’ combined capacity as an academic, policy advisor, and practitioner have helped bring forth a publication that reflects their experience of being involved in the development, negotiations and implementation of environmental liability regimes at both an international and European level.
Environmental Liability and Ecological Damage In European Law by Monika Hinteregger Pdf
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. It also contains the results of a comparative project covering 14 jurisdictions in 13 European countries (Austria, Belgium, England and Wales, Finland, France, Germany, Greece, Ireland, Italy, Netherlands, Portugal, Scotland, Spain, Sweden) on the private law aspects of environmental liability. It addresses the main problems of the application of tort law in environmental law, such as the availability of non-fault liability, the establishment of causation, the scope of available remedies and the issue of legal standing. Due to the very limited harmonizing effect of the EC-Environmental Liability Directive national tort law will keep its importance in the field of environmental liability.