Environmental / Energy Law

Liability for Environmental Harm to the Global Commons

Edited by Neil Craik · Tara Davenport · Ruth Mackenzie
Cambridge University Press September 2023

Specifications

ISBN-13
9781108496223
Publisher
Cambridge University Press
Publication
September 2023
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

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

Table of Contents

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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