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This collection of essays by a distinguished group of international environmental law experts focuses on the growing and controversial international debate about environmental damage. The contributors address the current state of the law in the US and Europe and pose questions about its future development.
| Acknowledgments | ||
| Contributors | ||
| Abbreviations | ||
| Treaties | ||
| Introduction | 1 | |
| Pt. I | The Tort Law Approach and Framework | 9 |
| 1 | Deterring, Compensating, and Remedying Environmental Damage: The Contribution of Tort Liability | 11 |
| 2 | A Proprietary or Possessory Interest: A Conditio Sine Qua Non for Claiming Damages for Environmental Impairment? | 29 |
| Pt. II | The International Framework and Concepts | 55 |
| 3 | Harm and Reparation in International Treaty Regimes: An Overview | 57 |
| 4 | The ILC and Environmental Damage | 73 |
| 5 | Remedying Harm to International Common Spaces and Resources: Compensation and Other Approaches | 83 |
| Pt. III | National Approaches and Practices: Selected Examples | 101 |
| 6 | Harm to the Environment in Italian Practice: The Interaction of International Law and Domestic Law | 103 |
| 7 | How to Deal with Damage to Natural Resources: Solutions in the German Environmental Liability Act of 1990 | 131 |
| 8 | The Compensation of Ecological Damage in Belgium | 143 |
| 9 | Environmental Damages: The Emerging Law in the United States | 159 |
| Pt. IV | Problems involved in the practical Application of New Approaches - the US example | 175 |
| 10 | The Role of Government Trustees in Recovering Compensation for Injury to Natural Resources | 177 |
| 11 | Litigating and Settling a Natural Resource Damage Claim in the United States: The Defence Lawyer's Perspective | 207 |
| Pt. V | On Complementary Compensation | 221 |
| 12 | COSCA: A Complementary System for Compensation of Accidental Pollution Damage | 223 |
| Bibliography | 249 | |
| Index | 261 |
Overview
This collection of essays by a distinguished group of international environmental law experts focuses on the growing and controversial international debate about environmental damage. The contributors address the current state of the law in the US and Europe and pose questions about its future development.