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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.
This study investigates the complex legal challenges involved in defining and quantifying environmental damage within the frameworks of international and comparative law. Authors Alan Boyle and Michael Bowman examine the limitations of existing legal structures that prioritize personal or property rights over ecological harm. By analyzing diverse case studies and international agreements, the authors argue for a more robust and systematic approach to liability and compensation for environmental degradation.
What You Will Find
Legal scholars and practitioners frequently cite this work as a foundational text for understanding the intersection of environmental policy and international liability. Experts highlight the authors' ability to synthesize complex regulatory challenges into a coherent framework for future legal development.
Page Count:
380
Publication Date:
2002-12-05
Publisher:
Oxford University Press
ISBN-10:
0199255733
ISBN-13:
9780199255733
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