Book contents
- Liability for Environmental Harm to the Global Commons
- Cambridge Studies on Environment, Energy and Natural Resources Governance
- Liability for Environmental Harm to the Global Commons
- Copyright page
- Contents
- Acknowledgements
- Table of Cases
- Table of Treaties and Instruments
- Abbreviations
- 1 Introduction
- 2 Purposes of, and Approaches to, International Liability
- 3 Definition and Valuation of Compensable Environmental Damage
- 4 Allocation of Liability for Environmental Harm in Areas beyond National Jurisdiction
- 5 Standards of Liability
- 6 Standing to Bring Claims for Environmental Harm in Areas beyond National Jurisdiction
- 7 Access to Remedies
- 8 Insurance and Compensation Funds
- 9 Conclusion
- Bibliography
- Index
2 - Purposes of, and Approaches to, International Liability
Published online by Cambridge University Press: 24 August 2023
- Liability for Environmental Harm to the Global Commons
- Cambridge Studies on Environment, Energy and Natural Resources Governance
- Liability for Environmental Harm to the Global Commons
- Copyright page
- Contents
- Acknowledgements
- Table of Cases
- Table of Treaties and Instruments
- Abbreviations
- 1 Introduction
- 2 Purposes of, and Approaches to, International Liability
- 3 Definition and Valuation of Compensable Environmental Damage
- 4 Allocation of Liability for Environmental Harm in Areas beyond National Jurisdiction
- 5 Standards of Liability
- 6 Standing to Bring Claims for Environmental Harm in Areas beyond National Jurisdiction
- 7 Access to Remedies
- 8 Insurance and Compensation Funds
- 9 Conclusion
- Bibliography
- Index
Summary
This chapter provides an overview of the different approaches taken by the international community to address liability from environmental harm and how these approaches respond to the unique legal and practical issues associated with areas beyond national jurisdiction. Since liability rules that affect the commons environment exist in both international and national legal systems, the discussion begins with an examination of state responsibility and unharmonized domestic liability, before discussing various approaches to harmonizing civil liability rules through treaties. The discussion of approaches to liability is framed by consideration of the various purposes that liability rules and processes serve in international environmental law.
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- Liability for Environmental Harm to the Global Commons , pp. 29 - 53Publisher: Cambridge University PressPrint publication year: 2023