Liability for Environmental Harm to the Global Commons

Inbunden, Engelska, 2023

Av Neil Craik, Tara Davenport, Ruth Mackenzie, Ontario) Craik, Neil (University of Waterloo, Tara (National University of Singapore) Davenport, Ruth (University of Westminster) Mackenzie

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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.

Produktinformation

Utgivningsdatum2023-09-07
Mått152 x 235 x 23 mm
Vikt610 g
FormatInbunden
SpråkEngelska
SerieCambridge Studies on Environment, Energy and Natural Resources Governance
Antal sidor298
FörlagCambridge University Press
ISBN9781108496223

Tillhör följande kategorier

Miljövetenskap och miljöpolitik inom Naturvetenskap och teknik
Folkrätt inom Juridik
Miljörätt inom Juridik

Neil Craik is Professor of Law at the Balsillie School of International Affairs at the University of Waterloo, Canada. He has published widely in the fields of international and Canadian environmental law and the law of the sea and is co-editor of Global Environmental Change and Innovation in International Law (Cambridge University Press, 2018). Tara Davenport is an Assistant Professor at National University of Singapore where she teaches Principles of Property Law, Law of the Sea and International Regulation of Shipping. Her research interests are in law of the sea, the global commons, and maritime disputes. Ruth Mackenzie is Reader in International Law at the University of Westminster, where she teaches and researches in the fields of international environmental law, law of the sea, and international courts and tribunals. Ruth is a Member of the IUCN Commission on Environmental Law.

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.

'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. 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