Civil Liability for Transfrontier Pollution
Dutch Environmental Tort Law in International Cases in the light of Community Law
Published on 1. January 2001
638 pages
978-90-411-7727-8 (ISBN)
Description
This book covers both European Community law and Dutch environmental liability law as applicable in international cases. It contains an in-depth analysis of the Brussels Convention on Jurisdiction and Enforcement of Judgments from the point of view of environmental protection. In addition, the Community law doctrine of indirect effect, which is of great practical importance, is critically examined. Dutch environmental tort law, which is likely to influence future EC law in this field, is discussed in detail. The book is unique in that, for the first time, it makes a developed body of case law accessible to non-Dutch lawyers. This study will be of interest not only to environmental lawyers, but to all those engaged in international litigation, comparative tort law, and in European Community law in general.
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Gerrit Betlem
Civil Liability for Transfrontier Pollution:Dutch Environmental Tort Law in International Cases in the Light of Community Law
Dutch Environmental Tort Law in International Cases in the light of Community Law
Book
01/2001
1st Edition
Graham & Trotman Ltd
€170.13
Shipment within 15-20 days
Content
- Cover
- Half Title Page
- Title Page
- Copyright Page
- SUMMARY OF CONTENTS
- Table of Contents
- FOREWORD
- ABBREVIATIONS
- CHAPTER 1 INTRODUCTION
- 1. Definition of the Problem
- 2. Delimitation of the Study
- 3. Method
- 4. Civil Environmental Law
- 5. Short Introduction to the Dutch Legal System
- Organization of the Dutch Courts in Civil Matters
- Dutch Civil Procedure
- Kort Geding
- PART I PRIVATE INTERNATIONAL LAW
- CHAPTER 2 JURISDICTION
- 1. Introduction
- 2. The Brussels Convention
- 2.1 Some General Remarks
- Interpretation
- 2.2 Scope of the Convention Ratione Materiae
- Characterization
- Private Law and Public Authorities: Eurocontrol
- Dutch Law of Subject-Matter Jurisdiction
- Eurocontrol Continued
- Private Law and Public Authorities: the Rüffer Case
- A Public Authority within the Meaning of the Convention
- A Public Authority: Conclusions
- Contents of the Applicability-Test
- Object of the Criterion
- The Rüffer Case and the Environment
- The Rüffer Case: 'Green Distinguishing'
- 2.3 Scope of the Convention in View of Conventions on Particular Matters
- 'shall not affect'
- Underlying Principles on Conflicts of Conventions
- Conventions on Particular Matters
- Jurisdiction to Grant Injunctions
- Conclusions
- 2.4 The Threatened Wrong
- Tort: an Autonomous Concept
- Forum Delicti: Place of the Harmful Event
- Place Where the Damage Occurred
- The EBES Case: a Threatened Nuclear Wrong
- The Wording Objection
- The Scheme Objection
- National, International and Community law
- Forum Selection by Public Interest Groups
- Access to the courts
- Interlas: transfrontier injunctions
- Jurisdiction and admissibility
- Conclusions
- 2.5 Miscellaneous Jurisdiction Issues
- Forum Criminis
- Forum of the Branch
- Forum Co-Rei
- Forum Rei Sitae
- Provisional Measures
- Kort geding
- Basis of jurisdiction
- Overlap with the forum delicti
- 3. International Jurisdiction Based on Dutch Private International Law
- Prorogation
- Venue Creates Jurisdiction
- Forum Actoris
- Article 127 Rv.
- Ancillary Jurisdiction
- Kort Geding Forum
- Forum Arresti
- 4. Jurisdiction: Concluding Remarks
- CHAPTER 3 APPLICABLE LAW
- 1. Party Autonomy
- 2. Lex Loci Delicti
- Place of Damage
- 3. Foreign Licence
- 4. Indirect Effect of Community Law
- From Twin Pillars to Holy Trinity
- Supremacy
- Direct effect
- No horizontal direct effect
- Indirect Effect: the Interpretive Obligation
- Legal basis of indirect effect
- Priority of indirect effect?
- Involvement of all relevant national laws
- Four differences between indirect and direct effect
- Difference three: general principles
- Difference three: general principles and civil liability
- Difference four: implementation period
- The judgments Dekker and Marleasing
- Role and scope of judicial discretion under national law
- Recommendations
- 5. Concluding Remarks
- CHAPTER 4 RECOGNITION AND ENFORCEMENT
- 1. Introduction
- 2. Recognition and Enforcement under the Brussels Convention
- Scope of the Recognition and Enforcement Title
- Astreinte
- Article 43 Brussels Convention: Periodic Penalty Payment
- Public Policy
- Exceptional application
- Public policy and environmental liability
- 3. Concluding Remarks
- PART II TORT LAW
- CHAPTER 5 INTRODUCTION TO DUTCH TORT LAW
- 1. Dutch Tort Law for Foreign Lawyers
- Fault and No-Fault Liability
- 2. Scope Tort Law in view of the Special Regimes
- 3. Concurrence with Strict Liabilities
- Defective Things and Buildings
- Defective Products
- CHAPTER 6 ADMISSIBILITY - LOCUS STANDI
- 1. Introduction
- 2. Locus Standi of Environmentalist Organizations
- Sufficient Interest
- Protected Interests
- Injunctions
- Environmentalist Organizations: No Additional Circumstances
- Environmentalist Organizations: Whose Interests?
- Actio Popularis
- Transboundary Admissibility
- 3. Locus Standi of Public Authorities
- Injunctive Relief: The Benckiser Case
- Injunctions and Public Law Remedies
- Limmen distinguished
- The Interference Test: The Windmill Case
- No Concurrence in International Disputes
- 4. Concluding Remarks
- CHAPTER 7 UNLAWFULNESS
- 1. Breach of Statutory Duty
- Absence of Licence
- Breach of Licence Conditions
- Transboundary Breach of Statutory Duty
- 2. Relativity Requirement
- Tort Against the State
- Environmental Relativity and Public Authorities
- Factual or legal basis of relativity?
- Which interest, what date?
- Environmental Relativity and Public Interest Groups
- 3. Infringement of a Right
- Nuisance
- Breach of unwritten law
- No Independent Function of Infringement of a Right
- Public Domain
- Indirect Infringement
- 4. Negligence
- Weighing of Interests
- Emission of substances: the MDPA case
- Transport of hazardous waste: the Benckiser case
- Transfrontier enforcement by public interest groups
- Danger-Creation
- Duty to warn/inform
- Law of wrecks
- 5. Defences - Foreign Licence
- No Effect of Foreign Licence?
- Relationship between Licence and Liability
- Relationship between Licence and Product Liability
- Independent Role Unwritten Law
- 6. Concluding Remarks
- CHAPTER 8 IMPUTABILITY
- 1. Culpa and Risk
- Possible Legal Development
- Mining Law
- 2. Foreseeability
- 3. State of the Art
- 4. Concluding Remarks
- CHAPTER 9 CAUSATION AND REMOTENESS
- 1. Primary and Secondary Causal Connection
- Safety and Traffic Norms
- 2. Multiple Tortfeasors
- Alternative Causation
- 3. Burden of Proof and Standard of Proof
- 4. Concluding Remarks
- CHAPTER 10 REMEDIES
- 1. Injunctions
- Reparation in Kind or Injunction'?
- 2. Weighty Societal Interests
- 3. Damages for Environmentalist Organizations
- Heads of Damages
- Quantum of Damages
- Damages for 'Bird Clean-up' Costs
- 4. Limitation Periods
- 5. Declaratory Judgment
- 6. Concluding Remarks
- CHAPTER 11 FINAL CONCLUSIONS
- REFERENCES
- APPENDIX I GLOSSARY
- APPENDIX II DUTCH STATUTORY LAW
- TABLE OF CASES
- TABLE OF MATERIALS
- INDEX
- Back Cover
