Description : In international and comparative environmental law the notion of environmental damage is gaining increasing interest. The question of compensating environmental damage challenges traditional rules and concepts of tort law. This book addresses two key issues: 1) the right to and extent of damages for environmental impairment and 2) the methods for conducting natural resource damage assessments. The strong and diverse contributions to this volume of essays, contributed by an internationallyknown team of experts, underline the view that prevention should be the focus of effort to protect the environment. Such an approach is needed because of the limited possibilities offered by the law for adequate and effective compensation in the case of environmental damage. With limited exceptions most countries have adopted a cautious approach to the issue of compensation but new developments on the civil liability front have approved reasonable restoration costs as a basic measure for recoverable damages. It also appears that the methods for evaluating environmental damage developed so far have been artificial and arbitrary. This and many other issues are discussed in detail and implications and consequences for the future spelled out.
Description : On 27 July 2003, the oil tanker Tasman Spirit ran aground spilling a portion of its 67,000-tonne cargo of Iranian Light Crude Oil into Karachi Harbour, in Karachi, Pakistan. The loss of product resulted in environmental damage with heavy oiling of the shoreline in Karachi Harbour and surrounding areas. Recognizing the need for international guidance to assist nations in assessing damage to natural resources following major oil spills in the aftermath of this incident, the United Nations Environment Programme (UNEP), soon thereafter, initiated the development of a manual on natural resource damage assessment and restoration following major oil spills. Given IMO's specialised expertise on preparedness for and response to accidental marine pollution issues and the long history of collaboration between IMO and UNEP, the two organisations agreed to the development of the Manual as a joint publication. With a view to providing operational guidance, the IMO/UNEP Guidance manual on the assessment and restoration of environmental damage following marine oil spills has been developed through the OPRC-HNS Technical Group of the Marine Environment Protection Committee of IMO, in full collaboration and partnership with the United Nations Environment Programme. The objective of the Manual is to provide guidance on strategies that may be used to assess the damage and subsequent recovery of the environment resulting from marine pollution incidents. Available techniques are considered together with criteria to help judge the feasibility of such measures to bring about successful recovery of those environments. The Manual emphasizes the importance of pre-spill planning and provides an overview of assessment techniques and restoration measures in various ecosystems. It also provides guidance on opportunities for compensation through the international oil compensation schemes. Practical examples of natural resource assessment and restoration are provided through a series of case studies.
Description : This book focuses on liability for damage to those natural resources that are of interest to the public and are protected by national, European or international law. It provides an overview of the law of the United States and of certain EU Member States on the recovery of damages for injury to natural resources. The international civil liability conventions that cover environmental harm and the recently published European Commission's White Paper on environmental liability are also discussed. The on-going development in various international forums of treaties or protocols dealing with liability for environmental damage are analyzed, as are the principles developed by the UNEP Working Group established in response to the 1990 Gulf War to advise the UNCC on claims for damage to natural resources. The book addresses assessment and valuation issues, the issue of standing in cases of injury to (un)owned natural resources, and the determination of ways to repair, restore and compensate for natural resource injuries and the associated loss of ecological and human services. It also explains why such a difference exists between the US and most European jurisdictions and inter-national liability conventions as to the recovery of damages for injury to natural resources.
Description : The main focus of this important book is on civil liability regimes to compensate for ecological/environmental damage, the impact of EC decision-making on the international regime for oil pollution damage, the use of environmental funds in this respect, the economic valuation of damage to the environment from a theoretical perspective and the application of the Contingent Valuation Method in Belgium for ecological damage at sea.
Description : From its starting point within international law, throughout its progression from regional to national law, "The Law of Environmental Damage" combines the disciplines of environmental law, liability law and insurance in its analysis of the development of reparative environmental law. In the model adopted, three generations of reparative schemes are identified, based on civil liability or administrative liability or self-taken measures from the area of insurance. The analysis applied is based on factors of standard and designation of liability, as well as the definition and assessment of environmental damage. Issues such as environmental lender liability and damage to public natural resources are highlighted. The results of the study are evaluated within the framework of a theory of environmental efficiency; among other factors, the reparative effect of liability rules is discussed.
Description : Introduces a bold, new model for energy industry pollution prevention and sustainable growth Balancing industrial pollution prevention with economic growth is one of the knottiest problems faced by industry today. Environmental Assessment on Energy and Sustainability by Data Envelopment Analysis introduces a novel approach to using data envelopment analysis (DEA) as a powerful tool for achieving that balance in the energy industries—the world's largest producers of greenhouse gases. It describes a rigorous framework that integrates elements of the social sciences, corporate strategy, regional economics, energy economics, and environmental policy, and delivers a methodology and a set of strategies for promoting green innovation while solving key managerial challenges to greenhouse gas reduction and business growth. In writing this book the authors have drawn upon their pioneering work and considerable experience in the field to develop an unconventional, holistic approach to using DEA to assess key aspects of sustainability development. The book is divided into two sections, the first of which lays out a conventional framework of DEA as the basis for new research directions. In the second section, the authors delve into conceptual and methodological extensions of conventional DEA for solving problems of environmental assessment in all contemporary energy industry sectors. Introduces a powerful new approach to using DEA to achieve pollution prevention, sustainability, and business growth Covers the fundamentals of DEA, including theory, statistical models, and practical issues of conventional applications of DEA Explores new statistical modeling strategies and explores their economic and business implications Examines applications of DEA to environmental analysis across the complete range of energy industries, including coal, petroleum, shale gas, nuclear energy, renewables, and more Summarizes important studies and nearly 800 peer reviewed articles on energy, the environment, and sustainability Environmental Assessment on Energy and Sustainability by Data Envelopment Analysis is a must-read for researchers, academics, graduate students, and practitioners in the energy industries, as well as government officials and policymakers tasked with regulating the environmental impacts of industrial pollution.
Description : Human induced development activities are introduced with insufficient attention to their consequences for our living environment, even in cases where environmental assessments have been carried out. This apparent lack of attention to biodiversity in environmental assessment is rooted in the difficulties we have in adequately addressing biodiversity within the scope, time frame and budget allocated for assessments. This book provides a conceptual background and practical approaches to overcome these difficulties. It integrates the objectives of the Convention on Biological Diversity, its ecosystem approach, and the conceptual framework of the Millennium Ecosystem Assessment into a comprehensive approach to biodiversity in environmental assessment. It highlights the need to consider the value of biodiversity based on its use by each stakeholder, addresses the importance of both social and economic development to reach the Millennium Development Goals, and provides insights into ways to balance present and future needs.
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 towhich 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 onbio-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.
Description : This book provides a comprehensive survey of the law and techniques associated with the law, science, and economics involved in natural resource damage assessment. Written by experts in the field, this new deskbook is the most comprehensive and up-to-date analysis of the subject available. It thoroughly examines the framework for liability and the goals of the federal statutes providing a right of action for natural resource damages. Focus is maintained on the natural resource damage provisions of CERCLA; the Oil Pollution Act; the Clean Water Act; the Marine Protection, Sanctuaries, and Research Act; and the National Park System Resource Protection Act. Complimentary review copies are not available for this title.