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Friday, April 24, 2020 | History

2 edition of State liability for international environmental degradation found in the catalog.

State liability for international environmental degradation

Ralph C. D"Arge

State liability for international environmental degradation

an economic perspective

by Ralph C. D"Arge

  • 142 Want to read
  • 26 Currently reading

Published by Resources for the Future in Washington, D.C. (1755 Massachusetts Ave., N.W., Washington, D.C. 20036) .
Written in English

    Subjects:
  • Pollution -- Economic aspects.,
  • Environmental protection -- Economic aspects.,
  • Government liability (International law)

  • Edition Notes

    StatementRalph C. d"Arge and Allen V. Kneese.
    SeriesRFF reprint -- 182
    ContributionsKneese, Allen V.
    The Physical Object
    Paginationp. [427]-450 ;
    Number of Pages450
    ID Numbers
    Open LibraryOL21901790M

    of international environmental law in particular, is based upon three different grounds.2 The first one is responsibility based on fault. For that purpose, to incur international responsibility a state must have failed to exercise due diligence in the fulfillment of an international obligation.3 TheCited by: 1. International Environmental Law in a Nutshell This well received book, informed by its interdisciplinary framework, succinctly yet accurately traverses and illuminates the full gamut of international environmental issues, laws and policies challenging the world today. The fifth edition responds to important developments arising subsequent to the fourth edition, relating, inter alia, to Author: Robin Gardner. In recent years, the increasing focus on climate change and environmental degradation has prompted unprecedented attention being paid towards the criminal liability of individuals, organisations and even states for polluting activities. These developments have given rise to a new area of criminological study, often called ‘green criminology’. prepared to compensate for transboundary environmental damage. L The Specific Character of International Liability for Environmental Damage The fundamental legal concept guiding relations between states is the sovereignty of states. According to this principle, states are not restricted in the use of natural resources within their territory as File Size: KB.

    Environmental Law and Liability. Author: Glendyr Nel - Associate: significant pollution or degradation of the environment, or (b) detrimentally affects, or is likely to affect, the environment in a significant manner. for environmental crimes. This personal liability also applies to managers, agents or employees who have done or.


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State liability for international environmental degradation by Ralph C. D"Arge Download PDF EPUB FB2

STATE LIABILITY FOR INTERNATIONAL ENVIRONMENTAL DEGRADATION: AN ECONOMIC PERSPECTIVE-RALPH C. d'ARGE* and ALLEN V. KNEESE** INTRODUCTION State responsibility and liability are not clearly defined with respect to environmental degradation. But a limited number of cases and declarations by international tribunals do point in a definable direction.

State have long recognised the role of liability for environmental damage, as well as the gaps and inadequacies which exist. principle 22 of Stockholm declaration recognised gaps and called on states to cooperate to develop further the international law regarding liability and compensation for victims of pollution and other environmental damage /5.

d'Arge, R. Kneese, A. ‘State Liability for International Environmental Degradation: An Economic Perspective’ Natural Resources Journal State liability for international environmental degradation book, G.

‘State Liability for Accidental Transnational Environmental Damage by Private Persons’ American Journal of International Law INTRODUCTION. General principles of international law imposing liability on actors for their illegal acts, or for the adverse consequences of their lawful activities, are relatively well developed at a general level, State liability for international environmental degradation book are also reflected State liability for international environmental degradation book the Articles on State Responsibility adopted by the International Law Commission (ILC) in Author: Philippe Sands.

RESPONSIBILITY AND LIABILITY FOR ENVIRONMENTAL DAMAGE UNDER INTERNATIONAL LAW REPLIES TO THE QUESTIONNAIRE 1. CONCEPTUAL FRAMEWORK (a) Liability has become a primary rule of customary international law obligating a recalcitrant State to pay compensation or make amends for the resulting damage for which the State is accountable.

In State State liability for international environmental degradation book for Space Debris Peter Stubbe examines the legal consequences of space debris pollution which, he argues, is a global environmental concern. The study finds that the customary ‘no harm’ rule and Article IX State liability for international environmental degradation book the Outer Space Treaty obligate States to prevent the generation of debris and that the international community as a whole has a legitimate interest in their Cited by: 1.

STATE ENVIRONMENTAL RESPONSIBILITY or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction. Principle 22 States shall co-operate to develop further the international law regarding liability and compensation for the victims of pollution and other environmental damage caused by.

The concept of state responsibility has expanded to include transnational and global consequences and in doing so has created entirely new obligations for states. These new obligations, coupled with other emerging developments, combine to greatly expand liability for international environmental degradation.

This paper will deal with concept of state responsibility and state liability for environmental damage both at international and at European level and it is now in front of you. Larisa Kralj • File Size: KB. International Environmental Law and Policy Cases, Materials, and Problems third edition Chapter 3 State Environmental Responsibility and Transboundary Harm Section I.

Introduction Section II. Cases Note on International Liability and Compensation in the Case of a Nuclear Accident File Size: KB.

Strict Liability in International Environmental Law. mitigation of damages. The dif!culty of evaluating the cost of the consequences of the Chernobyl accident, especially the precautionary measures taken by the affected countries, also may have been a determinant factor in avoiding the issueCited by: 6.

Environmental degradation is the deterioration of the environment through depletion of resources such as air, water and soil; the destruction of ecosystems; habitat destruction; the extinction of wildlife; and is defined as any change or disturbance to the environment perceived to be deleterious or undesirable.

As indicated by the I=PAT equation, environmental impact (I) or. This book focuses on liability provisions adopted and applied by states in environmental treaties and protocols as well as the international jurisprudence and non-contractual law creation processes as the decision-making of the Iraq Claims Commission.

10 For a review of State liability for international environmental degradation book liability for environmental harm in a variety of other domestic jurisdictions see Ong,pp. 11 For an insight into the operation of the Act, see the USAuthor: Amanda Perry-Kessaris.

including PSNR, and international environmental law. The Concept of International Environmental Law International environmental law is a relatively young branch of international law.

Since the s, in particular, it has developed in response to a mounting concern for the state of the environment. However, this is not to say that before the. Overview of Corporate Liability for Environmental Harm from Domestic and International Law Perspectives.

Song Yijie. Supervisor: Muruga Perumal Ramaswamy. A thesis presented in partial fulfillment of the requirements for the Degree of Master of International Law at the University of Macau. File Size: KB. In State Accountability for Space Debris Peter Stubbe examines the legal consequences of space debris pollution which, he argues, is a global environmental concern.

The study finds that the customary ‘no harm’ rule and Article IX of the Outer Space Treaty obligate States to prevent the generation of debris and that the international community as a whole has a legitimate interest in their Cited by: 1.

Get this from a library. Victims of Environmental Harm: Rights, Recognition and Redress Under National and International Law. [Matthew Hall, (Criminologist)] -- In recent years, the increasing focus on climate change and environmental degradation has prompted unprecedented attention being paid towards the criminal liability of individuals, organisations and.

practiced international law and international environmental l aw since For example, might a state incur liability.

the application of existing human rights law to environmental degradation. Julio Barboza, The Environment, Risk and Liability in International Law (Leiden/ Boston: Martinus Nijhoff, ), pp. Julio Barboza's book addresses a fundamental but profoundly difficult issue in international environmental law: the legal consequences flowing from transboundary pollution.

The book focuses more closely on the particular situation of environmental damage that is caused in. Proponents of the legal approach to environmental protection have already achieved significant successes in such areas as saving endangered species, reducing pollution, and cleaning up whole regions, but skeptics point to ongoing environmental degradation to argue that international law is an ineffective tool for protecting the global environment.

Environmental liability in international law. Cross-border environmental harm is increasing internationally. For many areas - for instance, for the protection of the marine environment - there are instruments which govern liability for environmental harm in specific areas and which contain different conditions for establishing liability.

Strict Liability in International Environmental Law LAW OF THE SEA, ENVIRONMENTAL LAW AND SETTLEMENT OF DISPUTES: LIBER AMICORUM JUDGE THOMAS A. MENSAH, Tafsir Malick Ndiaye and Rüdiger Wolfrum, eds., Brill Academic Publishers, Cited by: 6.

Toward an international management of global environmental change Notes. State responsibility, liability, and remedial measures under international law: new criteria for environmental protection. The evolving law of state responsibility 2. New environmental realities and their impact upon the law 3.

International Documents on Environmental Liability - Ebook written by Hannes Descamps, Robin Slabbinck, Hubert Bocken. Read this book using Google Play Books app on your PC, android, iOS devices. Download for offline reading, highlight, bookmark or take notes while you read International Documents on Environmental Liability.

The book s authors provide a logical template for considering the most pertinent issues in international environmental law, including air and climate change, water, chemicals and hazardous materials, site remediation, emergency response, natural resource management, environmental review, and civil and criminal enforcement.

Although environmental degradation and competition for scarce resources are potential sources Overview of international environmental law principles and concepts 23 III. Emerging principles and concepts 24 State liability for lawful acts 55 e) Civil liability regimes for environmental damage 2 STATE RESPONSIBILITY IN AN ENVIRONMENTAL LAW CONTEXT 12 The appropriate standard and state conduct 13 3 RULES, PRINCIPLES AND TREATIES GOVERNING INTERNATIONAL AND INTERNATIONAL ENVIRONMENTAL LAW 16 Principle 21/Principle 2 17 Sovereign right to exploit natural resources 17 Responsibility not to cause environmental damage Commission on Environmental Law and is currently a Regional Governor of the International Council on Environmental Law.

Sébastien Duyck is a researcher at the Northern Institute for Environmental and Minority Law, University of Lapland, and has specialized in international environmental law, human rights law and the law of the sea. He holds. This e-book, a companion volume to the publication, carries out the same exercise, now focusing on 10 investment arbitration cases decided in the s.

Looking at these cases through a sustainability lens, Stefanie Schacherer illustrates the complex relationship between international investment law and sustainable Size: KB.

Although environmental degradation and competition for scarce resources are potential sources 4. Implementation of international environmental law at the national level 20 5.

UNEP’s capacity building programme on environmental law 20 State liability for lawful acts 55 e) Civil liability regimes for environmental damage As recently reaffirmed by the World Summit on Sustainable Development, the integration of environmental, developmental and social challenges is fundamental if the international community is to tackle global poverty and other acute inequalities, whilst at the same time responding to issues of global environmental degradation.

The book. stakeholders. Environmental rights equip human rights activists, environmen-talists and victims of environmental degradation with a powerful tool with which to overcome the ‘sovereignty wall’ oft en raised as a barrier to any form of state liability. International human rights law, unlike other forms of interna-Cited by: 7.

conflict, international environmental law, coordination, agreement, environmental degradation. Abstract. This volume is an important contribution to both theoretical and practical approaches to solving contradictions and conflicts between the approaches, principles, objectives and regulations of international environmental agreements.

Environmental law, or sometimes known as environmental and natural resources law, is a term used to explain regulations, statutes, local, national and international legislation, and treaties designed to protect the environment from damage and to explain the legal consequences of such damage towards governments or private entities or individuals.

Gujarat villagers bring International Finance Corporation to book By holding that Gujarat fishermen were entitled to sue the IFC in an American court, the US Supreme Court has expanded the. Environmental assessment (EA) is the assessment of the environmental consequences (positive negative) of a plan, policy, program, or actual projects prior to the decision to move forward with the proposed action.

In this context, the term "environmental impact assessment" (EIA) is usually used when applied to actual projects by individuals or companies and the term "strategic environmental. Get this from a library. State accountability for space debris: a legal study of responsibility for polluting the space environment and liability for damage caused by space debris.

[Peter Stubbe, (Jurist)] -- In State Accountability for Space Debris Peter Stubbe examines the legal consequences of space debris pollution -- which he argues is a global environmental concern -- under the two. environmental principles, cannot be denied. These trends in corporate environmental liability and corporate environmental management systems make a three-fold contribution to the progressive development of international environmental law.

First, they constitute state practice and thus indicate the evolution of customary. inconsistent with international rules of state responsibility. It is reflected only weakly in the International Law Commission (ILC) draft articles on liability for non-prohibited acts, and it has been ignored altogether in most international environmental conventions (which focus on prevention.

The environmentalism of the rich 38 further pdf the unequal pdf exchange structuring North-South relations, 39 the historical ecological debt incurred by the North, 40 and the toxic colonialism of the North.

41 In this regard, the book International Environmental Law and the Global South epitomizes international legal scholars Cited by: 1.As far as specialisation is concerned, international environmental law has come a download pdf way from its origins in the application of broad principles derived from state sovereignty to environmental issues.

Not only has the number of specialised environmental instruments and institutions grown to the point where some commentators have warned of treaty congestion, but sub-specialties have also Cited by: 2. ‘The Polluter Pays Principle and the Supreme Ebook of Ebook, published by Indian Law Institute.

The Polluter Pays Principle, by Shyel Trehan and Shuva Mandel. The Polluter Pays Principle and the EU State Aid Law for Environmental Protection, by Keloniki Pouilki, published in Journal of Law, Policy and Globalization, Vol.

55,