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Environmental Damage in International and Comparative Law

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Edited by: Michael Bowman, Alan Boyle

ISBN13: 9780199255733
ISBN: 0199255733
Published: June 2004
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £100.00



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This study considers the problems of defining and valuing ""environmental damage"" from the perspective of international and comparative law. The need for a broad and systematic evaluation of this issue is illustrated by the number of topics on the international law-making agenda to which it is relevant, including the UN Compensation Commission's decisions on compensation for environmental losses suffered by Kuwait in the Gulf War, nuclear and oil pollution liability regimes, the development of an environmental liability protocol to the Antarctic Treaty and other agreements on bio-safety and genetically modified organisms. It is thus an important element in contemporary efforts to strengthen legal remedies for environmental harm which does not necessarily come within traditional categories of legally protected personal or property rights. The contributors include experts in national and international law, civil and common law, as well as in the laws of developed and developing states, an economist and a member of the UN Compensation Commission.

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Subjects:
Environmental Law
Contents:
Michael Bowman, The Definition and Valuation of Environmental Harm; Alan Boyle, Reparation for Environmental Damage in International Law - Some Preliminary Problems; Nick Hanley, The Economic Value of Environmental Damage; Michael Bowman, "" Intrinsic Value"" and Biological Diversity; Ruth Mackenzie, Environmental Damage and Living Modified Organisims; Gunther Handl, Indigenous Peoples' Lifestyle as an Environmental Valuation Problem; Mojtaba Kazazi Environmental Damage in the Practice of the UN Compensation Commission; John Woodliffe, Environmental Damage and Environmental Impact Assessment; Louise De La Fayette, The Concept of Environmental Damage in International Liability Regimes; David Ong, The Relationship Between Environmental Damage and Pollution - Marine Oil Pollution Laws in Malasia and Singapore; Tom Schoenbaum, Environmental Damages in Common Law; Peter Wetterstein, Environmental Damage in the Legal Systems of the Nordic Countries and Germany; Malgosia Fitzmaurice, Civil Law Approaches to Environmental Damage - Poland; Donald Reid, Definition and Valuation of Environmental Damage - The Contribution of the Scottish Legal System; Etienne Sinatambou, The Approach of Mixed Legal Systems - The Case of Mauritius; Nukhet Turgut, Definition and Valuation of Environmental Damage in Turkey; Susanna Vieira, Environmental Damage and Valuation in Brazil; Winston Anderson, Caribbean Environmental Damage and Valuation; Edward Brans, The EC White Paper on Environment Liability and the Recovery of Damages for Injury to Public Natural Resources.