Show Summary Details

Page of

PRINTED FROM OXFORD HANDBOOKS ONLINE (www.oxfordhandbooks.com). © Oxford University Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a title in Oxford Handbooks Online for personal use (for details see Privacy Policy and Legal Notice).

date: 23 August 2019

Abstract and Keywords

This chapter discusses the potential and the limits of civil law for the prevention and remediation of environmental harm. It first provides a brief overview of the environmental liability regimes established by international conventions, including those on nuclear liability and oil pollution damage by ships, and the basic rules of selected national tort laws (e.g. fault-based liability, no-fault liability for pollution damage, product liability, neighbourhood law and nuisance). It then considers the main problems of environmental liability, namely: proof of causation, legal standing for the remediation and compensation of environmental damage, the evaluation of natural resource damage, and the relationship between tort liability and environmental regulations. The chapter concludes with a critical analysis of the uses of tort law in environmental protection while also emphasizing that it must meet some requirements in order to become fully effective.

Keywords: environmental liability, environmental torts, nuclear liability, oil pollution damage, pollution damage, nuisance, causation, natural resource damage, ecological harm, collective redress

Access to the complete content on Oxford Handbooks Online requires a subscription or purchase. Public users are able to search the site and view the abstracts and keywords for each book and chapter without a subscription.

Please subscribe or login to access full text content.

If you have purchased a print title that contains an access token, please see the token for information about how to register your code.

For questions on access or troubleshooting, please check our FAQs, and if you can''t find the answer there, please contact us.