This book focuses on how public and private international law address civil liability for transboundary pollution. In public international law, civil liability treaties promote the implementation of minimum procedural standards in domestic tort law. This approach implicitly relies on private international law to facilitate civil litigation against transboundary polluters. Yet this connection remains poorly understood. Filling the gap, this book engages in a meaningful dialogue between the two areas and explores how domestic private international law can reflect the policies developed in international environmental law. It begins with an investigation of civil liability in international environmental law. It then identifies preferable rules of civil jurisdiction, foreign judgments and choice of law for environmental damage, using Canadian private international law as a case study and making extensive references to European law. Liability for transboundary pollution is a contentious issue of the law, both in scholarship and practice: international lawyers both private and public as well as environmental lawyers will welcome this important work.
Rezensionen / Stimmen
Strongly theoretical and in-depth. * Tijdschrift voor Privaatrecht [Bloomsbury translation] * Librarians and lawyers, both novice and experienced, will appreciate this text. It can be considered a must-have for any practice dealing with environmental law and transboundary pollution issues. -- Laura Lemmens * Canadian Law Library Review * This book provides new research ideas and frameworks, manifests the complex and understated links between PrIL and international environmental law, and provides a sound conceptual basis for the dialogue between PubIL and PrIL in transboundary environmental pollution. Lawyers and academics who are exploring international environmental law and PrIL are sure to be interested in this book. -- Yu Chen * Social & Legal Studies * A very good overview, from a Canadian standpoint, of issues pertaining to transboundary pollution in private international law and constitutes a very useful array of comparative-law lessons for other jurisdictions. -- Eduardo Alvarez-Armas * Revue critique de droit international prive *
Reihe
Sprache
Verlagsort
Verlagsgruppe
Bloomsbury Publishing PLC
Zielgruppe
Für höhere Schule und Studium
Maße
Höhe: 234 mm
Breite: 156 mm
Gewicht
ISBN-13
978-1-5099-5115-4 (9781509951154)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Klassifikation
Guillaume Laganiere is Professor of Law at the Universite du Quebec a Montreal (UQAM), Canada.
Autor*in
Universite du Quebec a Montreal (UQAM), Canada
Introduction
I. Context
II. A Study of Private International Law and Global Governance
III. Scope of the Book
IV. Objectives of the Book
V. Structure of the Book
PART 1
LIABILITY AND THE INTERSECTION OF PUBLIC AND PRIVATE INTERNATIONAL LAW
1. Liability for Transboundary Pollution in International Environmental Law
I. State Responsibility, State Liability and Civil Liability
A. Introduction to the Distinction between Responsibility and Liability
B. State Responsibility
C. State Liability
D. Civil Liability
II. The Duty to Ensure Prompt and Adequate Compensation
A. Prompt and Adequate Compensation in International Law
B. Future Development of the Duty to Ensure Prompt and Adequate Compensation
III. Conclusion
2. Private International Law as Environmental Regulation
I. Previous Work on Private International Law in Environmental Matters
II. The Regulatory Function of Private International Law
A. Private International Law as Obstacle?
B. Private International Law as Regulation?
III. Conclusion
PART 2
TRANSBOUNDARY POLLUTION IN CANADIAN PRIVATE INTERNATIONAL LAW
3. Jurisdiction Over Transboundary Pollution
I. International Environmental Law and the Approach of the ILC
A. Jurisdiction in the ILC Principles on the Allocation of Loss
B. Non-Discrimination and Equal Access
C. Implementation of Equal Access in Canada
D. Going beyond the ILC Principles on the Allocation of Loss
II. Jurisdiction Over Transboundary Pollution in Canadian Private International Law
A. Asserting Jurisdiction Over Transboundary Pollution
B. Declining Jurisdiction Over Transboundary Pollution
C. Enforcing Foreign Judgments against Local Polluters
III. Conclusion
4. The Law Applicable to Transboundary Pollution
I. International Environmental Law and the Approach of the ILC
A. Choice of Law in the ILC Principles on the Allocation of Loss
B. Non-Discrimination and Equal Remedy
C. Implementation of Equal Remedy in Canada
D. Going beyond the ILC Principles on the Allocation of Loss
II. The Law Applicable to Transboundary Pollution in Canadian Private International Law
A. Designating the Law Applicable to Transboundary Pollution
B. Displacing the Applicable Law
C. Extraterritorial Application of Statutory Causes of Action
III. Conclusion
Conclusion
I. Conclusions of the Study
II. Creatively Thinking about Liability for Transboundary Pollution
