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Environmental Loss and Damage in a Comparative Law Perspective

Environmental Loss and Damage in a Comparative Law Perspective

Author: Barbara Pozzo; Valentina Jacometti
Publisher: Larcier Intersentia Publishers
ISBN: 9781839700262
Published In: October 2020
Format: Paperback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

This book analyzes the regulation of environmental loss and damage. It does so from a comparative and interdisciplinary perspective, examining both public and private law aspects. It delves into conceptual and specific legal issues concerning liability, compensation and restoration of damage in different sectors and jurisdictions, as well as taking into account the contributions of economic analysis in this field of regulation.

Specific attention has been devoted to the role that liability and insurance may play in terms of mitigation and adaptation to climate change, as well as the prevention of damage from natural hazards. The scope of analysis encompasses national as well as supranational and international regimes. In particular, there are two interrelated and very promising developments in the evolving understandings in this field that merit special focus: possible legal transplants and “cross-fertilization” between legal systems, on the one hand; and the current dialectic between global and local law in the environmental field, on the other.

Part I. Liability for Environmental Harm in the EU

The EU and the System of Environmental Loss and Damage: Liability, Restoration and Compensation

Towards a Better Environmental Liability Directive?

The Permit Defence between the EU Environmental Liability Directive and National Private Law: Some Comparative Law Remarks

The Jurisprudential Configuration of the “Polluter Pays” Principle: A Critical Assessment

“Causal Link” as a Condition of Liability in the Environmental Law: The Example of the Liability Mechanism in Directive 2004/35/EC

Accumulation of Potentially Toxic Elements in Agricultural Soils

Part II. Private and Corporate Environmental Liability

Corporate Social Responsibility and Corporate Liability for Environmental Damage

Extended Producer Responsibility in the EU: Achievements and Future Prospects

Financing Sustainable Growth in Europe: The Key Role of Sustainable Finance in Preventing Environmental Damage and Implementing Adaptation Strategies

The Burden of Proof in Proceedings for Corrective and Preventive Actions in Polish and Italian Law

Part III. The Role of Criminal Liability

The Protection of the Environment through Criminal Law: Preliminary Remarks

The Legal Framework against Planned Obsolescence: What Role (If Any) for Criminal Law?

Confiscation of Assets and Proceeds of Crime in Environmental Criminal Law: New Approaches by the German Legislator

Environmental Criminal Liability of Enterprises and Compliance Programmes in Spain

Part IV. Legal Transplants in the Environmental Field: The Case of Environmental Liability

The CERCLA Model: Past, Present and Future

Compensation for Environmental Damage in the CIS Countries: A Comparative Legal Analysis

Compensation of Lawful Environmental Damage in the Russian Legal System

Ecological Environmental Damage Liability Rules in the Light of the Private Law Regime: Problems and Experience in China

Transplanting Civil Law Models in China: Compensation of Personal Damages Caused by Environmental Pollution

Part V. State and International Environmental Liability

The Myth of Plurality of Regimes in the Law of State Responsibility (p.

355)

The Right to a Healthy Environment and its Consequences for Other Human Rights: A Challenging Approach

Part VI. Climate Change Liability

Climate Change Liability: Some General Remarks in a Comparative Law Perspective

Climate Change Litigation, State Responsibility and the Role of Courts in the Global Regime: Towards a “Judicial Governance” of Climate Change?

Liability of States in Climate Change Migration and Compensation for Environmental Migrants

Reusing Offshore Hydrocarbon Infrastructure for the Permanent Storage of Carbon Dioxide

Part VII. Liability, Climate Change and Natural Hazards: The Role of Insurance

Insurance Instruments for Adapting to Climate Change: A Comparative Perspective

Multi-Country Pooling Schemes for the Financing and Transfer of Climate-Related Disaster Risk: A Comparative Overview

Environmental Liability, Catastrophic Risk Mitigation and Sustainability: The Role of Insurers Beyond the Insurance Coverage

Part VIII. Real Compensation and Offset Regimes: The Strategy of “No Net Loss”

No Net Loss in Recovery: The Overall End-of-Waste Impact Assessment

No Net Loss and Forest Offsets in the Flemish Region: A Cautionary Tale of How Not to Reconcile Science-Based Conservation Policies with Economic Interests and Vested Rights?