Civil Liability for Environmental Damage. A Comparative Analysis of Law and Policy in Europe and the US - 2nd edition
Author： WILDE
Publisher： Kluwer Law International
Publication year： 2013
E-ISBN: 9789041132338
Subject： D912.6 自然资源与环境保护法
Language： ENG
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Description
Clearly, much environmental law is in the form of public regulation designed to prevent, or at least reduce pollution at source. Nevertheless, from time to time accidents occur with devastating consequences for the environment and the private interests which vest in it.
In Europe, the names `SEVESO' and `BRAER' are synonymous with catastrophic environmental disasters. In North America, the `EXXON VALDEZ' disaster achieved global notoriety as a symbol of modern industry's recklessness in its treatment of the environment. Cases of this nature have highlighted the impact of environmental damage on private interests and have focused attention on the law of tort in this context.
By adopting a theoretical and comparative approach, the author has endeavoured to answer the basic question of whether, through increased protection of private interests, tort has the ability to provide a useful additional means of environmental protection.
Part I. Introductory Issues. 1. 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. 2. Conventional Tort-based Approaches to Environmental
Harm. 3. Establishing Liability for Environmental Damage: Main Issues.
Part III. The Role of Tort as a Means of Environmental Protection: Theoretical
Perspectives and Legislative Initiatives. 4. The Role of Tort in an
Environmental Context. 5. The European and International Dimension.
Part IV. Increasing the Role of Tort as a Means of Environmental Protection: A
Comparative Analysis of Substantive Rules in Certain EU States and their
Common Law Counterparts. 6. Strict Liability. 7. Reducing
the Burden of Proof on Causation. 8. Access to Justice I: Liberal
Conferral of Standing. 9. Access to Justice II: Class or Group Actions.
10. Remedies for Environmental Damage. 11. Financial Provision for
Extended Civil Liability. Part V. Conclusions. 12. Conclusion:
The Nature of Tort-based Liability in an Environmental Context.
Chapter