Environmental Loss and Damage in a Comparative Law Perspective

doi:10.1017/9781839701191

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

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Contents

Frontmatter
pp i-iv
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Preface
pp v-x
- By Barbara Pozzo, Valentina Jacometti
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Contents
pp xi-xxiv
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List of Authors
pp xxv-xxviii
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PART I - LIABILITY FOR ENVIRONMENTAL HARM IN THE EU
pp 1-2
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The EU and the System of Environmental Loss and Damage: Liability, Restoration and Compensation
pp 3-28
- By Ludwig Krämer
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Towards a Better Environmental Liability Directive?
pp 29-38
- By Anna Vanhellemont
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The Permit Defence Between the EU Environmental Liability Directive and National Private Law: Some Comparative Law Remarks
pp 39-52
- By Carlo Masieri
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The Jurisprudential Configuration of the “Polluter Pays” Principle: A Critical Assessment
pp 53-70
- By Theodoros G. Iliopoulos
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“Causal Link” as a Condition of Liability in the Environmental Law: The Example of the Liability Mechanism in Directive 2004/35/EC
pp 71-86
- By Mariusz Baran
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Accumulation of Potentially Toxic Elements in Agricultural Soils
pp 87-108
- By Iain Green, Tilak Ginige, Merve Demir, Patrick Van Calster
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PART II - PRIVATE AND CORPORATE ENVIRONMENTAL LIABILITY
pp 109-110
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Corporate Social Responsibility and Corporate Liability for Environmental Damage
pp 111-132
- By Carola Glinski
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Extended Producer Responsibility in the EU: Achievements and Future Prospects
pp 133-146
- By Susanna Paleari
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Financing Sustainable Growth in Europe: The Key Role of Sustainable Finance in Preventing Environmental Damage and Implementing Adaptation Strategies
pp 147-166
- By Letizia Casertano
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The Burden of Proof in Proceedings for Corrective and Preventive Actions in Polish and Italian Law
pp 167-178
- By Bartosz Rakoczy
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PART III - THE ROLE OF CRIMINAL LIABILITY
pp 179-180
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The Protection of the Environment through Criminal Law: Preliminary Remarks
pp 181-190
- By Chiara Perini
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The Legal Framework Against Planned Obsolescence: What Role (If Any) for Criminal Law?
pp 191-208
- By Emanuele La Rosa
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Confiscation of Assets and Proceeds of Crime in Environmental Criminal Law: New Approaches by the German Legislator
pp 209-228
- By Robert Esser
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Environmental Criminal Liability of Enterprises and Compliance Programmes in Spain
pp 229-242
- By Miriam Ruiz Arias
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PART IV - LEGAL TRANSPLANTS IN THE ENVIRONMENTAL FIELD: THE CASE OF ENVIRONMENTAL LIABILITY
pp 243-244
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The CERCLA Model: Past, Present and Future
pp 245-262
- By Marta Cenini
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Compensation for Environmental Damage in the CIS Countries: A Comparative Legal Analysis
pp 263-274
- By Alena Kodolova
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Compensation of Lawful Environmental Damage in the Russian Legal System
pp 275-290
- By Nikolay Kichigin
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Ecological Environmental Damage Liability Rules in the Light of the Private Law Regime: Problems and Experience in China
pp 291-330
- By Yu Cheng, Congwen Yao, Wenhong Ren
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Transplanting Civil Law Models in China: Compensation of Personal Damages Caused by Environmental Pollution
pp 331-354
- By Nadia Coggiola
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PART V - STATE AND INTERNATIONAL ENVIRONMENTAL LIABILITY
pp 355-356
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The Myth of Plurality of Regimes in the Law of State Responsibility
pp 357-370
- By Khazar Masoumi
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The Right to a Healthy Environment and its Consequences for Other Human Rights: A Challenging Approach
pp 371-382
- By Laura Stănilă, Sergiu Stănilă
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