Liability for Environmental Harm to the Global Commons
Series: Cambridge Studies on Environment, Energy and Natural Resources Governance;
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Product details:
- Publisher Cambridge University Press
- Date of Publication 7 September 2023
- ISBN 9781108496223
- Binding Hardback
- No. of pages318 pages
- Size 235x152x23 mm
- Weight 610 g
- Language English 485
Categories
Short description:
A full examination of global legal rules governing liability for environmental harm in areas beyond the national jurisdiction of states.
MoreLong description:
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. This title is part of the Flip it Open Programme and may also be available Open Access. Check our website Cambridge Core for details.
'As States and other actors increasingly undertake risky activities in areas beyond national jurisdiction, determining liability for environmental harm is sure to become an issue of central importance. This book, by three leading experts in international environmental law, makes important contributions to our understanding of the application of general principles of liability to the global commons and the emerging regime specific rules on liability. The authors' approach allows for a theoretically informed analysis and the generation of new insights into the current state and future trajectory of liability in international legal settings.&&&160;This work will be a great interest to scholars, students and practitioners in the fields of international environmental law and law of the sea, as well as to international lawyers interested in state responsibility and the treatment of community interests in international law.' Timo Koivurova, Research Professor, Arctic Centre, University of Lapland
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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