Full Description
This open access book aims to elaborate on the legal prerequisites to establish the liability of corporations for transboundary environmental harm, not only by identifying existing liability rules, principles and standards but also by analysing their potential for further legal development. The authors consider international and transboundary liability law to currently be an underutilised tool for international environmental protection. The book seeks to address this by exploring what is needed in terms of legislative action and identifying options for judicial pliability, thereby providing an important legal contribution in furthering the development of an effective international and transnational environmental liability law regime.
Contents
- Part I International Perspectives of Corporate Environmental Liability. - 1. Introduction. - 2. Functions and Objectives of Corporate Liability for Transboundary Environmental Harm. - 3. States Responsibility and Liability for Transboundary Environmental Harm. - 4. Liability of Private Actors in International Law. - 5. International Standards for National Environmental Liability Regimes. - Part II Tackling Transboundary Environmental Damage in the National Arena. - 6. National Civil Liability and Transboundary Environmental Damage. - 7. Environmental Due Diligence Obligations in Home State Law with Regard to Transnational Value Chains. - Part III Key Sectors and Synthesis. - 8. Climate Change Litigation: A Reference Area for Liability. - 9. Geoengineering: Methods, Associated Risks and International Liability. - 10. Synthesis. Part IV Annex: Selected Environment Treaties with Liability Elements. - 11. Convention on International Liability for Damage Caused by Space Objects. - 12. Liability Annex to the Protocol on Environmental Protection to the Antarctic Treaty. - 13. Liability Under Part XI UNCLOS (Deep Seabed Mining). - 14. The Nagoya-Kuala Lumpur Supplementary Protocol on Liability and Redress to the Cartagena Protocol on Biosafety. - 15. Protocol on Liability and Compensation for Damage Resulting from Transboundary Movements of Hazardous Wastes and Their Disposal. - 16. Paris Agreement.
