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Liability for Damage to Public Natural Resources - Standing, Damage and Damage Assessment

Author
Brans E.
Date
2001
Source
IUCN (ID: MON-094179)
Publisher | Place of publication
Kluwer Law International | The Hague, The Netherlands
ISBN
9789041117243
Document type
Monography/book
Language
English
Field of application
International
Country/Territory
European Union
Subject
Environment gen.
Keyword
Liability/compensation
Abstract

This book focuses on liability for damage to those natural resources that are of interest to the public and are protected by national, European or international law. It provides an overview of the law of the United States and of certain EU Member States on the recovery of damages for injury to natural resources. The international civil liability conventions that cover environmental harm and the recently published European Commission's White Paper on environmental liability are also discussed. The on-going development in various international forums of treaties or protocols dealing with liability for environmental damage are analyzed, as are the principles developed by the UNEP Working Group established in response to the 1990 Gulf War to advise the UNCC on claims for damage to natural resources. The book addresses assessment and valuation issues, the issue of standing in cases of injury to (un)owned natural resources, and the determination of ways to repair, restore and compensate for natural resource injuries and the associated loss of ecological and human services. It also explains why such a difference exists between the US and most European jurisdictions and inter-national liability conventions as to the recovery of damages for injury to natural resources.

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