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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

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