Shifts in Compensation for Environmental Damage, Vol. 21
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This volume examines the shifts in the compensation of environmental damage between private and public systems. Recent developments at both the European and international level are presented with a particular focus on the shifts relating to the compensation of oil pollution, damage arising as a result of nuclear accidents and soil pollution in particular legal systems (Belgium, the Netherlands, Germany and the U.S.A.). Attention is also paid to shifts between various levels of government as far as compensation for environmental damage is concerned. The authors discuss the nature of the particular shift and examine whether the shift is always from private law to public funding. The reasons for the introduction of the shifts and their effects are also examined as well as the consequences of the various shifts in the oil pollution regime from an economic perspective. Finally attention is also paid to various evolutions within private legal funding mechanisms to compensate for environmental damage. New developments, such as the shift towards voluntary compensation schemes and environmental damage insurance, are also presented and critically discussed.
List of Abbreviations viiList of Contributors xiI Introduction Michael Faure Albert Verheij 1II Shifts in Governance: Soil Pollution Albert Verheij 9III A Shift toward Alternative Compensation Mechanisms for Environmental Damage? Michael Faure 73IV Shifts in Compensation for Environmental Damage: From Member States to Europe Kristel De Smedt 103V Shifts in Governance: Oil Pollution Albert Verheij 133VI Shifts in Governance in the International Regime of Marine Oil Pollution Compensation: A Legal History Perspective Hui Wang 197VII Maritime Oil Pollution: an Empirical Analysis Ruud Hendrick 243VIII Shifts in Governance in Compensation for Nuclear Damage, 20 Years after Chernobyl Tom Vanden Borre 261IX Concluding Observations Michael Faure Albert Verheij 313Index 334
