The Environment, Risk and Liability in International Law by Julio Barboza download in iPad, ePub, pdf
Thoughtful and detailed discussions of due diligence and strict liability. Exploration of approaches, including better environmental standards, the polluter-pays principle, and financial mechanisms such as insurance and indemnification funds. Extensive consideration of implementation issues, including availability of funds for compensation, imputation, causality.
Finally, determining what environmental damage ought to be compensated, and how the amount of compensation is to be calculated, raises complicated economic, political, and philosophical questions. Includes sections on legal consequences, harm to commons areas, and procedural obligations, among others.
Canvasses the central themes. An essential, and current, source. In addition, his own close association with one approach, namely liability sine delicto stricto sensu, does not prevent him from providing a balanced discussion.
Chapters are detailed and thorough. Transboundary Damage in International Law. International Responsibility for Environmental Harm. The themes discussed and approaches taken are different, however.
Contributions from leading public international and international environmental law scholars. Discussion of relevant state practice and international conventions.
Transboundary environmental harm is generally not caused by state activity per se, but rather by private actors. States have widely disparate capacities to ensure a high standard of environmental protection. Francioni, Francesco, and Tullio Scovazzi, eds. The activities that give rise to it are often considered beneficial, and prohibiting them is rarely feasible. It may be difficult to identify an injured state, particularly if the environmental damage is felt in global commons areas.
Proving causation can be immensely challenging. Thorough discussion of the concepts of risk, harm, responsibility, and liability in international law.
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