Liability for Environmental Harm to the Global Commons

by Neil Craik, Tara Davenport, Ruth Mackenzie

Overview

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.

Product Details

ISBN-13:	9781108496223
Publisher:	Cambridge University Press
Publication date:	09/07/2023
Series:	Cambridge Studies on Environment, Energy and Natural Resources Governance
Pages:	298
Product dimensions:	5.98(w) x 9.25(h) x 0.91(d)

About the Author

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.

Table of Contents

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.

Editorial Reviews

‘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

‘This highly original work addresses a topic that has been calling out for close attention for a considerable time - how governments and other actors may be held liable for environmental harm in areas beyond national jurisdiction. At a time of compounding environmental crises, the book provides many insights on the strengths and limitations of turning to liability regimes to protect the global commons.’ Tim Stephens, Professor of International Law, The University of Sydney Law School

‘This book deals with one of the most legally complex and under researched areas of international law and international environmental law: liability for environmental harm to the global commons. The book’s theme is harm to Areas Beyond National Jurisdiction (ABNJ) i.e., the Antarctic, the Deep Seabed and the High Seas. The book is the first in-depth publication to evaluate current rules and offer possible solutions for future legal developments. Each proposed approach to liability for harm to ABNJ is objectively assessed for its usefulness; legal and political challenges; and inherent limitations. This excellent book is highly recommended as the first publication which deals with these complex issues in their entirety and is characterised by meticulous research, both of theory and practice.’ Malgosia Fitzmaurice, Professor of Public International Law, Queen Mary University of London

From the Publisher