Full Description
This study considers the problems of defining and valuing "environmental damage" from the perspective of international and comparative law. The need for a broad and systematic evaluation of this issue is illustrated by the number of topics presently on the international law-making agenda to which it is relevant, including the UN Compensation Commission's decisions on compensation for environmental losses suffered by Kuwait in the Gulf War, nuclear and oil pollution liability regimes, the development of an environmental liability protocol to the Antarctic Treaty and other agreements on bio-safety and genetically modified organisms. It is thus an important element in contemporary efforts to strengthen legal remedies for environmental harm which does not necessarily come within traditional categories of legally protected personal or property rights.
The contributors include experts in national and international law, civil and common law, as well as in the laws of developed and developing states, an economist and a member of the UN Compensation Commission.
Contents
1. The Definition and Valuation of Environmental Harm ; 2. Reparation for Environmental Damage in International Law: Some Preliminary Problems ; 3. The Economic Value of Environmental Damage ; 4. " Intrinsic Value" and Biological Diversity ; 5. Environmental Damage and Living Modified Organisims ; 6. Indigenous Peoples' Lifestyle as an Environmental Valuation Problem ; 7. Environmental Damage in the Practice of the UN Compensation Commission ; 8. Environmental Damage and Environmental Impact Assessment ; 9. The Concept of Environmental Damage in International Liability Regimes ; 10. The Relationship Between Environmental Damage and Pollution: Marine Oil Pollution Laws in Malasia and Singapore ; 11. Environmental Damages in Common Law ; 12. Environmental Damage in the Legal Systems of the Nordic Countries and Germany ; 13. Civil Law Approaches to Environmental Damage: Poland ; 14. Definition and Valuation of Environmental Damage: The Contribution of the Scottish Legal System ; 15. The Approach of Mixed Legal Systems: The Case of Mauritius ; 16. Definition and Valuation of Environmental Damage in Turkey ; 17. Environmental Damage and Valuation in Brazil ; 18. Caribbean Environmental Damage and Valuation ; 19. The EC White Paper on Environment Liability and the Recovery of Damages for Injury to Public Natural Resources
