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This volume frames the question of responsibility as a problem of agency in relation to the systems and structures of globalization. According to Ricoeur responsibility is a “shattered concept” when considered too narrowly as a problem of act, agency and individual freedom. To examine this Esther Reed develops a short genealogy of modern liberal and post-liberal concepts of responsibility in order to understand better the relationship dominant modern framings of the meanings of responsibility. Reed engages with writings by major modern (Schleiermacher, Hegel, Marx, Weber) and post-liberal (Buber, Levinas, Derrida, Badiou, Butler, Young, Critchley) theorists to illustrate the shift from an ethnic responsibility built on notions of accountability and attributions to an ethic responsibility that starts variously from the 'other'. Reed sees Dietrich Bonhoeffer as the most promising partner of this theological dialogue, as his learning of responsibility from the risen Christ present now in the (global) church is a welcome provocation to new thinking about the meaning of responsibility learned from land, distant neighbour, (global) church and the bible. Bonhoeffer's reflections on the centre, boundaries and limits of responsibility remain helpful to Christian people struggling with an increasingly exhausted concept of accountability.
European legal systems have developed a broad range of instruments aimed at limiting liability. These instruments are systematically examined within the present volume, which builds on the experience gathered in the various jurisdictions over the past decades and thereby fills a major gap in tort law literature. The publication contains a selection of the most important cases from 27 states across Europe as well as decisions by European Union courts; it also highlights cases from earlier periods of legal history. For each case, the facts and the relevant court decision are presented and accompanied by an analytical commentary. In addition, comparative analyses of the reported cases are provided and a special report is dedicated to how key cases would be resolved under model European rules on tort law. The editors believe that the material gathered here may provide guidance for an organic convergence of the national legal systems in Europe. It constitutes the basis of an acquis commun that is infinitely richer (though also much more complex) than the rather bland and abstract concepts contained in national codifications, European legislation and modern model rules.
Court of Appeal Case(s): Consolidated Case(s): Number of Exhibits: 0
The term “hazardous wastes” covers a wide range of disused products and production wastes generated not only in industrial sectors, but also in all areas of everyday life. Hazardous wastes are to a large extent shipped by sea to third countries for recycling or disposal. While the procedural requirements for such movements are laid out in the 1989 Basel Convention, explicit rules of responsibility and liability for resulting damages are neither provided by the Basel Convention nor by other international conventions. The Liability Protocol to the Basel Convention of 1999 has not yet entered into force. This book examines the existing rules of responsibility and liability applying to States and private persons and outlines the conditions under which liability may be incurred. Subsequently, the advantages and shortcomings of the 1999 Liability Protocol are analyzed. Although this Protocol faces substantial political headwind, from a legal perspective it includes principally useful and reasonable approaches and should therefore be ratified.