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Liability for Transboundary Pollution at the Intersection of Public and Private International Law

«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 Álvarez-Armas, Revue critique de droit international privé

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. Les mer

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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.

Detaljer

Forlag
Hart Publishing
Innbinding
Innbundet
Språk
Engelsk
Sider
312
ISBN
9781509951154
Utgivelsesår
2022
Format
23 x 16 cm

Anmeldelser

«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 Álvarez-Armas, Revue critique de droit international privé

«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

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