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Vol 21 No 10 Oct/Nov 2016

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Transboundary Environmental Interference and the Origin of State Liability

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ISBN13: 9789041102751
ISBN: 9041102752
Published: July 1998
Publisher: Brill Academic Publishers
Format: Hardback
Price: £188.00



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This text on the costs of prevention and reparation of environmental harm analyzes the tension between economic and legal principles at state level. It considers traditional thinking on state liability for transboundary harm, and the theories which have challenged it since the proliferation of hazardous activities in the 1960s. The author favours a return to traditional thinking, but gives due weight to theories that challenged it with the aim of safeguarding the compensation of victims of transboundary harm.

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Contents:
The obligation to prevent and abate transboundary environmental interference; the origin of state liability - an introduction; liability ex delicto; liability sine delicto stricto sensu; liability sine delicto lato sensu; the obligation to ensure prompt, adeqaute and effective compensation; conclusions.