Civil Liability For Environmental Damage, Comparative Analysis Of Law And Policy In Europe And Us

Hardcover
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Author: Mark Wilde

ISBN-10: 9041118918

ISBN-13: 9789041118912

Category: Environmental Law - General & Miscellaneous

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...

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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

PrefaceTable of AbbreviationsTable of CasesPt. IIntroductory issues11The law of tort and the environment: an introduction to the debate and foundational issues3Pt. IITraditional tort based remedies and environmental protection: an Anglo-American perspective212Common law approaches to environmental harm233Establishing liability for environmental damage: main issues55Pt. IIIThe role of tort as a means of environmental protection: theoretical perspectives and EU initiatives1134The role of tort in an environmental context1155EC developments on civil liability for environmental damage163Pt. IVIncreasing the role of tort as a means of environmental protection: a comparative analysis of European proposals and schemes adopted in certain EU member states1956Strict liability1977Reducing the burden of proof on causation2338Access to justice I: liberal conferral of standing2499Access to justice II: class actions26710Remedies for environmental damage27311Financial provision for extended civil liability291Pt. VConclusions30112Conclusion: the nature of civil liability in an environmental context303Appendix317Index329