
Environmental Liability
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Content
- Cover
- Half Title Page
- Title Page
- Copyright Page
- Table of Contents
- About the IBA and the Section on Business Law
- Introduction
- COMMERCIAL IMPLICATIONS OF GLOBAL RESPONSIBILITY FOR THE ENVIRONMENT
- Sustainable Development: Its Social, Political and Economic Implications
- GLOBAL RECOGNITION OF THE RELATIONSHIP BETWEEN ECONOMIC AND ENVIRONMENTAL MANAGEMENT: INTERNATIONAL AND ECONOMIC WEAPONS
- The European Investment Bank and Environmental Protection - Policy and Activities
- 1. The European Investment Bank (EIB)
- 2. EIB Environmental Policy - Historical
- 3. EIB Environmental Policy
- 4. Project Appraisal Procedures
- 5. The Technical Advisory Service
- 6. Basic Environmental Considerations
- 7. EIB Lending Activities - Overview
- 8. EIB Lending for Environmental Projects
- 9. The Environmental Programme for the Mediterranean
- 10. Conclusions
- Work on Liability within UNEP
- 1. Introduction
- 2. Stockholm Declaration (1972)
- 3. Principles of Conduct in the Field of the Environment for the Guidance of States in the Conservation and Harmonious Utilization of Natural Resources Shared by Two or More States
- 4. Programme for the Development and Periodic Review of Environmental Law (Montevideo Programme)
- 5. Offshore Mining and Drilling
- 6. Montreal Protocol on Substances that Deplete the Ozone Layer (1987)
- 7. The Basel Convention on the Control of Transboundary Movements and Their Disposal
- International Regulation of the Environment, with Particular Reference to the South Pacific
- 1. The Constitutional Background
- 2. The Legislative Framework
- 3. Economic and Political Weapons
- 4. The International Dimension
- THE REGIONAL PERSPECTIVE ON THE USE OF ECONOMIC AND POLITICAL WEAPONS AND THE ROLE OF INTERNATIONAL LAW
- Introduction
- The New Frontiers of Environmental Policy in Japan
- 1. Brief History of Development of Japanese Environmental Policy
- 2. Salient Features of the Present System of Environmental Laws
- 3. Liability and Compensation
- 4. Present State, Emerging Trends, New Challenges
- Environmental Liability in the United States of America
- 1. Introduction
- 2. The General Legal Framework
- 3. Principal Federal Environmental Statutes
- 4. Case Study
- 5. Conclusion
- Appendix A - Case Study
- Environmental Strategies for the 1990s: A Canadian Perspective
- 1. Legislative Framework
- 2. Canadian Statistics
- 3. Canadian Strategy
- 4. Proclamation of "Spills Bill
- 5. Environmental Assessment Legislation
- 6. Due Diligence Defences
- 7. Environmental Audits
- 8. Municipal/Industrial Strategy for Abatement
- 9. Sanctions
- 10. Incentives
- 11. Conclusion
- EMERGING TRENDS IN ENVIRONMENTAL LAW: NON-FAULT LIABILITY
- Environmental Liability in Canada: The Risks for Lenders, Receivers and Trustees
- 1. Introduction
- 2. United States
- 3. Canada
- 4. Appointment of Agents
- 5. Recommendations
- 6. Conclusion
- Bibliography
- Emerging Trends in Environmental Law: Non-Fault Liability: The United Kingdom
- 1. Introduction
- 2. Strict Liability
- 3. Common Law Civil Actions
- 4. The Criminal Law
- 5. Air Emissions
- 6. Water
- 7. Waste
- 8. Liability for clean-up of Contaminated Land
- 9. Liability of Directors and Parent Companies
- 10. Enforcement
- 11. Conclusion
- Non-Fault Liability in Germany
- 1. Civil Liability as Part of an Overall System for the Protection of the Environment
- 2. Private Law - The Present Status and the Perceived Deficiencies
- 3. The Bill on Environmental Liability
- 4. Resumé
- Emerging Trends in Environmental Law: Non-Fault Liability
- 1. Introduction
- 2. Departures from the Traditional Approach
- 3. Conclusion
- Strict Liability and Public Regulatory Offences
- 1. Introduction
- 2. Civil Aviation Department v Mackenzie
- 3. Miliar v Ministry of Transport
- 4. Water and Soil Conservation Act 1967
- 5. Other Examples
- 6. Resource Management Bill
- 7. Enforcement under the Resource Management Bill
- 8. Conclusions
- List of Cases
- Development of South African Environmental Law
- 1. Introduction
- 2. Definitions of Environment and Environmental Law as Possible Guides to Law Enforcement
- 3. Legal Liability
- 4. Liability in Terms of Individual Statutes Relating in Whole or in Part to the Environment
- ENFORCEMENT: WHO ENFORCES? HOW? WHETHER EFFECTIVE?
- Introduction
- 1. Why Can't Enforcement be Left to Public Agencies?
- 2. Standard Setting and Enforcement
- 3. Conflict of Interest in Enforcement
- 4. Resort to Prosecution
- 5. Enforcement of Transnational Environmental Obligations
- 6. Concluding Remarks
- The Use of Consent Decrees in Settling Town Planning and Environmental Disputes
- 1. Introduction
- 2. The Problems Restated
- 3. Conflict with Statutes and Ordinances: Can Parties Agree to ByPass Legal Procedures by Means of Consent Decrees?
- 4. The Rights of Third Parties: Collateral Attack and Due Process
- 5. Conclusion
- Enforcement-Securing Compliance
- Enforcement-The New South Wales Experience
- Bibliography
- Enforcement-A New Zealand Perspective
- 1. Introduction
- 2. This is New Zealand
- 3. New Zealand's Approach to Global Environmental Problems
- 4. Enforcement of Environmental Controls in New Zealand Today
- 5. Enforcement of Environmental Controls in New Zealand in the Future
- 6. Structure of the Bill
- 7. Conclusion
- ENVIRONMENTAL AUDIT: INSURANCE: INDEMNITIES, ETC.
- The Impact of Environmental Laws on Transactions: Due Diligence and Other Means of Coping with Environmental Risks
- 1. Introduction
- 2. The Nature of Environmental Risks in American Business Transactions
- 3. Practical Steps for Dealing with Environmental Risk
- 4. Environmental Regulatory Risks in the European Community
- 5. Civil Liability Risks for Environmental Damage in Europe
- 6. Coping with Environmental Risks in Europe
- Evaluating Potential Environmental Liabilities
- 1. Introduction
- 2. Environmental Liability
- 3. Environrnental Audit
- 4. Key Federal Environrnental Statutes
- 5. Environmental Auditing
- 6. Audit Confidentiality
- 7. Audit
- Environmental Audit: Insurance
- Indemnities and Proposals for Reform in New Zealand Environmental Law
- 1. Introduction
- 2. Current Law
- 3. New Zealand Law Reform in the Area of Environmental Assessment
- 4. Conclusion
- Environmental Due Diligence in the UK
- 1. Introduction - The Emergence of Environmental Due Diligence
- 2. The Inheritance of Environmental Liabilities
- 3. The Risks of Assuming Environmental Problems
- 4. The Limitations of Warranties and Indemnities
- 5. The Forms of Environmental Due Diligence
- 6. The Uses of Environmental Information
- 7. Conclusion
- Insurance Implications
- 1. Legal Situation
- 2. Insurance Coverage
- 3. Alternative Capacities
- 4. Future Outlooks/What Will the Future hold?
- WHITHER THE ENVIRONMENTAL LAWYER IN THE 1990s?
- Whither the Environmental Lawyer in the 1990s?
- Whither the Environmental Lawyer in the 1990s: The UK View
- 1. Past
- 2. Present
- 3. Future
- 4. Conclusion
- Back Cover
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