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Liability for Environmental Harm to the Global Commons

Liability for Environmental Harm to the Global Commons

Liability for Environmental Harm to the Global Commons

Author: Neil Craik; Tara Davenport; Ruth Mackenzie
Publisher: Cambridge University Press
ISBN: 9781108496223
Published In: September 2023
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 1,300.00

HKD 1,261.00 Save HKD 39.00 (3%)

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Description
Contents

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This book examines liability for environmental harm in Antarctic, deep seabed, and high seas commons areas, highlighting a unique set of legal questions: Who has standing to claim environmental harms in global commons ecosystems? How should questions of causation and liability be addressed where harm arises from a variety of activities by state and non-state actors? What kinds of harm should be compensable in global commons ecosystems, which are remote and characterized by high levels of scientific uncertainty? How can practical concerns such as ensuring adequate funds for compensation be resolved? This book provides the first in-depth examination and evaluation of current rules and possible avenues for future legal developments in this area of increasing importance for states, international organizations, commercial actors, and legal and governance scholars.

Addresses a significant gap in research addressing legal questions on liability for environmental damage in the global commons
Outlines and analyzes existing liability frameworks in Antarctica, the deep seabed, and the high seas
Contextualizes liability for environmental damage to the global commons within existing rules on state responsibility and international civil liability regimes

1. Introduction

2. Purposes of, and approaches to, international liability

3. Definition and valuation of compensable environmental damage

4. Allocation of liability for environmental harm in areas beyond national jurisdiction

5. Standards of liability

6. Standing to bring claims for environmental harm in areas beyond national jurisdiction

7. Access to remedies

8. Insurance and compensation funds

9. Conclusion

Bibliography

Index

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