Harm to the Environment: The Right to Compensation and the Assessment of Damages

Table of contents

• Title Page iii
• Acknowledgments v
• Contents vii
• Contributors ix
• Abbreviations xi
• Treaties xiii
• Introduction 1
• PART I - The Tort Law Approach and Framework 9
• 1 - Deterring, Compensating, and Remedying Environmental Damage: The Contribution of Tort Liability 11
• 2 - A Proprietary or Possessory Interest: A Conditio Sine Qua Non for Claiming Damages for Environmental Impairment? 29
• PART II - The International Framework and Concepts 55
• 3 - Harm and Reparation in International Treaty Regimes: An Overview 57
• 4 - The ILC and Environmental Damage 73
• 5 - Remedying Harm to International Common Spaces and Resources: Compensation and Other Approaches 83
• PART III - National Approaches and Practices: Selected Examples 101
• 6 - Harm to the Environment in Italian Practice: The Interaction of International Law and Domestic Law 103
• 7 - How to Deal with Damage to Natural Resources: Solutions in the German Environmental Liability Act of 1990 131
• 8 - The Compensation of Ecological Damage Belgium 143
• 9 - Environmental Damages: The Emerging Law in the United States 159
• PART IV - Problems involved in the Practical Application of New Approaches -- the US Example 175
• 10 - The Role of Government Trustees in Recovering Compensation for Injury to Natural Resources 177
• 11 - Litigating and Settling a Natural Resource Damage Claim in the United States: The Defence Lawyer's Perspective 207
• PART V - On Complementary Compensation 221
• 12 - COSCA: A Complementary System for Compensation of Accidental Pollution Damage 223
• Bibliography 249
• Index 261

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