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Environmental Loss and Damage in a Comparative Law Perspective

Edited by: Barbara Pozzo, Valentina Jacometti

ISBN13: 9781839700262

Published: October 2020

Publisher: Larcier Intersentia Publishers

Country of Publication: Netherlands

Format: Paperback

Price: £118.00

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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.

Subjects:: Comparative Law, Environmental Law

Contents:: 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?