Hinteregger M. (ed.) Environmental Liability and Ecological Damage in European Law

Cambridge, New York, Melbourne, Madrid, Cape Town, Singapore, São Paulo, Delhi, Dubai, Tokyo: Cambridge University Press, 2008. - 765 pagesISBN: 0521889979 9780511414169 9780521889971 9780511415494Series: The Common Core of European Private LawProviding a comprehensive analysis of environmental liability law in Europe, this book offers a general introduction to the status of environmental liability in Europe. It describes the relevant international treaties and the EC-Environmental Liability Directive and discusses the conflict of laws issues regarding transfrontier environmental damage.The book contains the results of a comparative project covering 14 jurisdictions in 13 European countries (Austria, Belgium, England and Wales, Finland, France, Germany, Greece, Ireland, Italy, Netherlands, Portugal, Scotland, Spain, Sweden) on the private law aspects of environmental liability.
It addresses the main problems of the application of tort law in environmental law, such as the availability of non-fault liability, the establishment of causation, the scope of available remedies and the issue of legal standing. Due to the very limited harmonizing effect of the EC-Environmental Liability Directive national tort law will keep its importance in the field of environmental liability.Monika Hinteregger is Professor of Civil Law at the Institute of Civil Law, Foreign and International Law of the Karl Franzens University of Graz.General editors' prefaceTable of treaties
Table of legislation
AbbreviationsEnvironmental liability in EuropeInternational and supranational systems of environmental liability in Europe
Some observations on the law applicable to transfrontier environmental damageThe case studiesThe QuestionnaireScope of liable personsCase 1 Industrial plant
Case 2 Sudden incident
Case 3 Dangerous substances
Case 4 Genetically modified organisms
Case 5 Micro-organisms
Case 6 Waste disposal site
Case 7 Producer of waste
Case 8 Nuclear power plant
Case 9 The harmless substance
Case 10 Historic pollutionCausation and multiple tortfeasorsCase 11 Cancer from pollution
Case 12 Increase in leukaemia rate
Case 13 The dying forest
Case 14 Fish killRemedies and legal standingCase 15 Contaminated land
Case 16 The polluted river
Case 17 The oil spill
Case 18 Contaminated drinking waterComparison. summary and conclusionsComparison
Summary and conclusions