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The book is the only technical volume that explains how equivalency analysis methods mentioned in Annex II of the European Environmental Liability Directive should be implemented. It uses case studies to illustrate real-world application of the methods, which are based on the experience in the USA and in the European Union and have been tested in three years of training programs funded by the European Commission. Academically rigorous and technically comprehensive, the book is intended for technical experts wanting to assess damage and remediation options as well as for decision-makers wishing to commission such assessments and judge their quality. These include competent authorities, operators, financial security providers, academics, consultants and NGOs.
The 2004 Environmental Liability Directive (ELD) created a legal regime for the restoration of environmental damage that was novel to all EU Member States. This is the first book to provide a comprehensive commentary on legal issues arising under the ELD as well as guidance on interpreting and applying the ELD.
Clarifies legal requirements for environmental protection in deep seabed mining and the legal consequences when environmental damage occurs.
The existence of a structured enforcement system is an inherent feature of national legal orders and one of the core elements of State sovereignty. The very limited power to issue sanctions has often been deemed a gap in the EC legal order. Over the years, the situation has progressively changed. The Union’s institutional setting is growing in complexity and a variety of agencies has been or is expected to be endowed with law enforcement responsibilities. In addition, the so-called competence creep has led the EU to play an increasingly prominent role in several areas of EU law enforcement, including the issuing of sanctions. This book examines these developments, focusing on both the general features of the EU legal order and the analysis of key-substantive areas, such as banking and monetary union, environmental law, and data protection. The work thus presents a general framework for understanding EU sanctioning based on structural features and general legal principles. Part I develops an analytical framework, tracking the most significant evolutive patterns of EU sanctioning powers. Part II adopts a more practical approach focusing on specific issues and policy areas. The book bridges a gap in existing literature and sheds new light on the relationship between the exercise of jus puniendi and the evolution of EU integration.
The Nagoya-Kuala Lumpur Supplementary Protocol on Liability and Redress to the Cartagena Protocol on Biosafety, adopted on 15 October 2010 in Nagoya, Japan, provides an international liability regime for biodiversity damage caused by living modified organisms (LMOs). Its adoption marks a significant development in the legal design for international environmental liability regimes, as it incorporates for the first time in global treaties an administrative approach to liability. This book examines the Supplementary Protocol from both practitioner and academic perspectives. In its three parts the book explores the historical development, legal significances, and future implementation of the core provisions of the Supplementary Protocol, focusing specifically on its incorporation of an administrative approach to liability for biodiversity damage and its relation to civil liability. Contributors to the volume include Co-Chairs of the negotiating group and the negotiators and advisors from some of the key negotiating Parties, offering valuable insights into the difficult-to-read provisions of the Supplementary Protocol. The book demonstrates the significant changes in the political configuration of environmental treaty negotiations which have come about in the twenty-first century, and argues that the liability approach of the Supplementary Protocol has important implications for future development of international liability regimes under international environmental law.
Building on OECD previous analysis, this publication shows that Kazakhstan’s environmental payments (environmentally related taxes, non-compliance penalties and compensation for damage regulation) for industrial air pollutants, as currently applied, impede energy efficiency and pollution abatement with heavy-handed non-compliance responses and focus on rising revenues. They also add to the cost of doing businesses in the country with limited environmental benefit. In the spirit of the Polluter-Pays Principle, much more reforms of regulation of environmental payments are needed. This report provides guidelines for reform drawing from air pollution regulations in OECD member countries and the results of the analysis of the system in Kazakhstan carried out by the OECD in close co-operation with the Government of Kazakhstan.
​This book provides a new interpretation of international law specifically dedicated to Indigenous peoples in the context of a climate justice approach. The book presents a critical analysis of past and current developments at the intersection of human rights and international environmental law and governance. The book suggests new ways forward and demonstrates the need for a paradigmatic shift that would enhance the meaningful participation of Indigenous peoples as fundamental actors in the conservation of biodiversity and in the fight against climate change. The book offers guidance on a number of critical intersecting and interdependent issues at the forefront of climate change law and policy – inside and outside of the UN climate change regime. The author suggests that the adoption of a critical perspective on international law is needed in order to highlight inherent structural and systemic issues of the international law regime which are all issues that ultimately impede the pursue of climate justice for Indigenous peoples.
This book provides in-depth insights into the regulatory frameworks of five countries and the EU concerning the regulation of genome edited plants. The country reports form the basis for a comparative analysis of the various national regulations governing genetically modified organisms (GMOs) in general and genome edited plants in particular, as well as the underlying regulatory approaches.The reports, which focus on the regulatory status quo of genome edited plants in Argentina, Australia, Canada, the EU, Japan and the USA, were written by distinguished experts following a uniform structure. On this basis, the legal frameworks are compared in order to foster a rational assessment of which approaches could be drawn upon to adjust, or to completely realign, the current EU regime for GMOs. In addition, a separate chapter identifies potential best practices for the regulation of plants derived from genome editing.
Wer haftet, wenn sich selbst ausbreitende Gentechnik grenzüberschreitende Schäden verursacht? Mit Gene Drives und ähnlichen Verfahren wird es bald möglich sein, das Erbgut wild lebender Arten, Keime und Nutzpflanzen direkt in der Umwelt zu verändern. Dies könnte helfen, drängende Probleme in der öffentlichen Gesundheit, im Naturschutz und in der Ernährungssicherheit zu lösen. Allerdings bergen diese Verfahren auch das Risiko einer unkontrollierten Ausbreitung über Staatsgrenzen hinweg. Anhand einer grundlegenden Untersuchung der einschlägigen Verträge und des Völkergewohnheitsrechts zu Prävention und Haftung für grenzüberschreitende Schäden wird aufgezeigt, dass das derzeit geltende Völkerrecht dieser Herausforderung noch nicht gewachsen ist.