Compensation For Environmental Damage Research Articles

THE INTERNATIONAL LAW REGARDING SHIP-SOURCE POLLUTION LIABILITY AND COMPENSATION: EVOLUTION AND CURRENT CHALLENGES

THE INTERNATIONAL LAW REGARDING SHIP-SOURCE POLLUTION LIABILITY AND COMPENSATION: EVOLUTION AND CURRENT CHALLENGES

Сравнительно-правовой анализ законодательных основ рационального природопользования в странах СНГ

On the basis of the provisions of environmental legislation of countries of Commonwealth of Independent States the comparative legal analysis of legal bases of natural resources rational usage is given. The specific features of ecological-legal mechanism of provision of natural resources rational usage in the studied countries are determined. Relations between rational, steady, complex, effective and economical natural resources usage are analyzed. The legal essence of natural resources rational usage as a principle, condition, an element and requirement in the system of ecological-legal mechanism is defined. The major systematic elements of the legal mechanism of natural resources rational usage such as principles of environmental legislation, governance, economic mechanism, state programs, environmental requirements, standards, limits, environmental monitoring, environmental assessment, monitoring, research, system of compensation for environmental damage, environmental education, legal liability, and others are specified. It is concluded that foreign countries legislation defines it as a principle of environmental legislation, conditions for sustainable economic and social development, element of environmental education, type of environmental responsibilities of citizens, problem of environmental control, conditions for the use of economic incentives, object of government programs, requirements of special use of nature. The priority directions of improving norms of the ecological legislation, directed on providing natural resources rational usage are offered. The conclusion about possibility of using of the rules laid down in the legislation of studied states in the legislation of Uzbekistan is made.

The Swedish Legal System and Possible Implications of the Belgian Rulings - Reformatory Procedure in Swedish Land and Environment Courts

The paper intends to give a short overview of how the Swedish system of land and environment courts is organised and of the procedure in their administrative cases, with specific attention paid to cases on appealed decisions from authorities. In these cases, the land and environment courts act as traditional Swedish administrative courts and follow a tradition whereby the court, in principle, has the same powers to solve the case as the first deciding authority. Acting in administrative cases the courts have an active role and a flexible remedial toolbox, which may be used when solving environmental disputes: the ex officio principle and the reformatory procedure. This system obliges the court to thoroughly examine the case at hand by its own initiative and also enables the judge to not only fully review an administrative decision, but also change its content. In other cases, the land and environment courts play the role of a civil court (e.g. disputes on compensation for environmental damage and expropriation) or partly as an authority (application for permit to larger industries or water operations). One conclusion regarding administrative cases is that an “administrative loop” i.e. a procedure whereby a court, in a still open case, refers an issue back to the administrative authority which issued the challenged decision, in order to amend a procedural error, is not possible in Sweden. Due to the wide powers, as described above, of the Swedish courts to annul or amend an administrative decision, such a possibility would on the other hand not serve any substantial purpose and not enhance the efficiency of judicial or administrative procedures.

Conditions for Effective Risk Sharing Against Marine Pollution: The Case of the RRa De Vigo

The question of how effective protection against environmental impairment can be provided has spawned much literature. One instrument that is often invoked to provide compensation for environmental damage is insurance. Traditionally, a distinction is made between first and third party insurance. First party insurance may be acquired by potential victims of marine pollution, such as fisheries seriously harmed by ship-source oil spills. Conversely, third party insurance is sought by polluters to cover their legal responsibility and, at the same time, protect the potential victims from polluters unable to meet their financial obligations.

Incorporating ecosystem services into environmental management of deep-seabed mining

Accelerated exploration of minerals in the deep sea over the past decade has raised the likelihood that commercial mining of the deep seabed will commence in the near future. Environmental concerns create a growing urgency for development of environmental regulations under commercial exploitation. Here, we consider an ecosystem services approach to the environmental policy and management of deep-sea mineral resources. Ecosystem services link the environment and human well-being, and can help improve sustainability and stewardship of the deep sea by providing a quantitative basis for decision-making. This paper briefly reviews ecosystem services provided by habitats targeted for deep-seabed mining (hydrothermal vents, seamounts, nodule provinces, and phosphate-rich margins), and presents practical steps to incorporate ecosystem services into deep-seabed mining regulation. The linkages and translation between ecosystem structure, ecological function (including supporting services), and ecosystem services are highlighted as generating human benefits. We consider criteria for identifying which ecosystem services are vulnerable to potential mining impacts, the role of ecological functions in providing ecosystem services, development of ecosystem service indicators, valuation of ecosystem services, and implementation of ecosystem services concepts. The first three steps put ecosystem services into a deep-seabed mining context; the last two steps help to incorporate ecosystem services into a management and decision-making framework. Phases of environmental planning discussed in the context of ecosystem services include conducting strategic environmental assessments, collecting baseline data, monitoring, establishing marine protected areas, assessing cumulative impacts, identifying thresholds and triggers, and creating an environmental damage compensation regime. We also identify knowledge gaps that need to be addressed in order to operationalize ecosystem services concepts in deep-seabed mining regulation and propose potential tools to fill them.

Reparation of Environmental Damage: Legislation Novelties

The article is devoted to the theory and legislation in the area of reparation of environmental damage. Based on the analysis of existing theoretical approaches to the definition of "environmental damage", the current legislation in the field of compensation for environmental damage, draft federal law on amendments to certain legislative acts, as well as law enforcement practice, the authors prove the need for enshrining in the Federal Law "On Environmental Protection" of the complex concept of "harm caused to the environment", which proposes to identify not only various negative consequences for the environment, but also those possible actions that lead to the infliction of harm. In addition, the article explains the need to incorporate in the legislation of the manifold forms and ways of causing harm to the environment and formulates a conclusion that the basic definition of the harm caused to the separate parts of the environment should be contained directly in the main codified acts of natural resources legislation, and be disclosed in a statutory prices and methods of compensation for harm caused to the environment. The article also formulates a number of other findings and proposals for improving the current legislation on compensation for environmental damage, including through the use of instruments of environmental insurance, the formation of the land registry (territories), subject to reclamation by type and directions to repair the damage, the empowerment of environmental organizations.

Compensation for Environmental Damage in China: Theory and Practice

Many have pointed at the fact that the spectacular economic growth in China has come at a high price, especially concerning the environmental costs related to this growth. There is increasing literature available now, both in and outside of China on the available governance instruments that China is increasingly using in its fight against environmental pollution. Indeed, with growing economic welfare also the demand for environmental quality is increasing in China as well.An issue which received less attention so far was the ex post compensation after environmental pollution occurred. The aim of our study is not so much to look at instruments aiming at prevention of environmental harm, but to address the question to what extent victims of environmental harm can be compensated for this harm in China. The concept of victims should obviously be interpreted broadly since victims could also be the environment at large in which case the question arises to what extent for example the government or an NGO may have the right to ask remedies on behalf of the environment. The goal of our study is not only to provide an insight into the “law in the books” by sketching which instruments and remedies are available, but also to address “law in action”, by examining to what extent the various compensation mechanisms are indeed applied in practice as well. To that end we have undertaken some interviews with stakeholders in China in order to obtain information on the way in which environmental damage is being remedied. Our focus is on remedies for environmental harm. Even though the main (traditional) remedy after damage may be (monetary) compensation, in case of environmental pollution other remedies (such as restitution) may be relevant as well. Methodologically we will therefore both address available remedies on the basis of the regulatory framework, but also examine to what extent these remedies are indeed applied. Moreover, we will normatively where appropriate, also formulate a few suggestions for reform. The question of how to compensate for environmental damage has become a hot topic in China. Almost every day one now can read about cases of environmental harm with which various Chinese communities are confronted whereby almost every time the question is asked how adequate compensation for this harm can be provided. The issue is also topical given recent legislative changes in China. In December 2009 China introduced a New Tort Liability Law in which important provisions also deal with environmental liability. Moreover, even though environmental insurance markets are not yet that well developed in China increasingly both potential victims as well as industry are demanding the development of adequate insurance products to deal with environmental harm. Strikingly the only domain in which compensation seems to work adequately, not only on paper but also in practice is the domain of marine oil pollution in which international conventions have played an important role. Our paper is set up as follows: after an introduction (1) we will first focus on the role of liability rules in compensating for environmental harm (2), then we focus on insurance (3) and discuss the specific case of marine oil pollution (4). For every topic first the theoretical possibilities to provide compensation will be sketched; next the question will be addressed what role these mechanisms lay in practice. A few concluding remarks (5) will provide a summary and some policy recommendations.

Space Law and Development: some Legal Aspects

The problem of using the environment for present and future generations, of course, applies to space activities. Space activity contributes to sustainable development. However, despite the enormous benefi ts this activity also has a negative impact both on the Earth’s biosphere (the earth’s surface, surface and ground water, vegetation, living organisms, atmosphere, the ozone layer), and on near-Earth space. This paper examines national and international legal framework to support sustainable development during space activity. Emphasis is placed on analysis of recent international legal instruments related to space security: «Guidelines for Space Debris Mitigation» (2007) «Framework for the safe use of nuclear power sources in outer space» (2009). Proposed the establishment of a special international instrument to address environmental damage compensation from the rocket and space activities. Expressed caution against extrapolating national environmental legislation on international relations.

Exploration of the Governmental Responsibility in Environmental Pollution Liability Insurance

In our modern society, environmental pollution triggered by economic development has been increasingly brought to the forefront, and remedies for environmental torts have been more and more diversified with each passing day. Being called as a “green insurance”, the environmental pollution liability insurance is an important means of identifying the responsibility of compensation for environmental damage through a socialized way. With its unique advantages in preventing environmental pollution and timely compensation compared with other solutions, environmental pollution liability insurance has been widely adopted in western developed countries. As newborn in China, it is now pilot projects in several provinces. Featured with commercial and policy-based insurances, environmental pollution liability insurance has provided governments a powerful tool to manage social risks by the market mechanism. However, its distinctiveness asks the government to define the responsibilities of the insurance, thus its smooth development and due role can be ensured.

STATE RESPONSIBILITY FOR ENVIRONMENTAL DAMAGE DURING INTERNATIONAL ARMED CONFLICT POST THE UNCC

The 1991 Gulf War heralded many developments in international law, and particularly in the fields of humanitarian law and environmental law in regards state’s liable for paying compensation for environmental damage resulting from their conduct during armed conflict. Despite this positive development, the environment has still been the victim of subsequent international armed conflicts such as the 1999 Kosovo conflict, 2003 Iraq war and 2006 Israel-Lebanon war. No belligerent was deemed liable for environmental damage as a result of unlawful actions under international law in these international hostilities. As a consequence, perpetrators of wartime environmental crimes went unpunished. Therefore, this article attempts to analyse factors that may contribute to the ineffective implementation of state responsibility for environmental damage during international warfare following the 1991 Gulf War, and suggests some steps that may be taken to improve the enforcement of state responsibility for environmental damage during inter-states armed conflict.

Effect of Land Policy on Compensation for Environmental Damage Caused by Gas Flare in the Niger Delta Region of Nigeria

The impact of oil exploration on the environment of the Niger Delta region of Nigeria is gradually becoming an issue of global concern. This has also increased agitation by the oil producing communities for equitable compensation for damage caused by oil exploration activities in the region. This paper examines the effect of land policy on compensation for environmental damage caused by gas flaring in the region. Data for the study were extracted and analysed from cases of environmental assets severely damaged by gas flare in Eket and Ibeno areas of the Niger Delta region and the estimates of compensation based on the provisions of Nigeria’s Land Use Act of 1978, which is the country’s land policy document. Results of data analysis shows that compensation determined based on the basic valuation methods was far higher than those determined based on the provisions of the Land Use Act of 1978. These variations are up to 84.94% and 88.83% in the case of loss of income from economic trees and loss of income resulting from injurious affection to fishing rights respectively, assessed on before and after basis. The paper argues that compensation for compulsory acquisition as provided in Section 29 of Nigeria’s Land Use Act is absolutely different from compensation to remediate the losses caused by damage to environmental assets due to gas flare. It recommends the enactment of an appropriate legislation that would provide effective legal support for the assessment of fair, just and adequate compensation for environmental damage in the Niger Delta region of Nigeria.Keywords: Compensation, Environmental Damage, Gas Flare, Land Policy, Valuation, Niger Delta

Application of a value-based equivalency method to assess environmental damage compensation under the European Environmental Liability Directive

The Environmental Liability Directive (ELD) establishes a framework of liability based on the ‘polluter-pays’ principle to prevent and remedy environmental damage. The ELD requires the testing of appropriate equivalency methods to assess the scale of compensatory measures needed to offset damage. The aim of this paper is to contribute to fill the existing knowledge gap on the application of the value equivalency approach for damage compensation in this context. We analyze the toxic spill damaging the Doñana National Park (Spain) in 1998. The welfare losses associated with the resource damage are estimated using non-market valuation and compared to the value of the compensatory measures taken after the accident. Our results show that the in-kind compensation may have been insufficient to offset the welfare losses. We conclude that a more comprehensive knowledge of the human welfare effects caused by environmental damage is of substantial importance to determine compensatory remediation, as insufficient information in this respect can lead to erroneous decisions causing loss to society.

Environmental penalties in Italy

This article discusses environmental penalties in Italy with a particular focus on their history. Furthermore, it discusses the non-cohesion of penalties, Italian law on environmental crimes, administrative penalties in Italy, assignment of jurisdiction to Italian courts, the statute of limitation in Italy, jurisdiction profiles in Italy and the compensation for environmental damage.

El principio de la reparación del daño ambiental en el derecho internacional público. Una aproximación a su recepción por parte del derecho mexicano

El presente estudio analiza la cuestión de la reparación del daño ambiental como principio jurídico. El principio surge en el ámbito del derecho internacional público y posteriormente es recibido por los distintos ordenamientos jurídicos nacionales, entre ellos el mexicano. Se estudia el principio tanto desde la óptica del derecho internacional público general como particular. Asimismo, se analiza el estado de la cuestión en la Unión Europea, para terminar con una revisión del principio en el ordenamiento jurídico mexicano. La reparación del daño ambiental en México se aborda en el presente artículo tanto dentro del derecho civil como del penal y el administrativo.

The Nigerian Oil Industry: Environmental Diseconomies, Management Strategies and the Need for Community Involvement

The paper advances the view that environmental diseconomies occasioned by oil industry activities in Nigeria have to a large extent contributed to the lingering crisis in the Niger Delta area, where the bulk of the country's oil and gas is produced. Against this background, the framework for environmental policy and strategies adopted by oil operators is reviewed. It is revealed that the role which communities could play towards minimising negative environmental incidents and related social crises, has been largely neglected by the various legislations and environmental management strategies adopted by petroleum operators. The authors suggest the fostering of sustainable partnerships between oil operators and host communities through appropriate memoranda of understanding, in order to address problems arising from such issues as compensation for environmental damage, impact assessment, management of spills, pipeline surveillance, information management, conflict resolution, and decentralisation of responsibility for abatement programmes.

Politicized Ecology: Local Responses to Mining in Papua New Guinea

ABSTRACTOur paper draws on research in two sites where large goldmining projects are located — Misima and Lihir islands in Papua New Guinea. We examine the socio‐economic context in which criticisms of environmental degradation arise. We discuss the social and political meanings embedded in local demands for compensation for environmental damage, drawing attention to the disparities between local Melanesian conceptions of the environment and global, Western ideas that inform international environmentalist criticisms of mining. We dispute the ‘romantic primitivism’ of some environmentalist discourse, using the work of ethno‐ecologists and case studies of specific incidents on these islands, contesting the view that there is a natural conservationist ethic in Melanesia. The image of the ‘noble primitive ecologist’ that some environmentalists appeal to, would in most circumstances be rejected by Melanesians as racist and paternalistic, but is embraced as a strategy in conflicts with mining companies and when making legal claims for compensation. Alliances formed between landowners, environmentalists and western lawyers against mining companies such as BHP and Rio Tinto are based more on shared political ends than on the epistemological consistency of their perceptions of environmental damage from mining. Local Melanesian communities claim sovereignty over all resources and their compensation claims for environmental degradation constitute a new form of resource rent.

Foreign experience in planning compensation for environmental damage during construction and operation of hydrotechnical objects

Foreign experience in planning compensation for environmental damage during construction and operation of hydrotechnical objects

Forced migration, environmental change and woodfuel issues in the Senegal River Valley

There is increasing international concern about the environmental impacts of refugees on host areas, with governments calling for compensation for environmental damage, particularly concerning the loss of woodland resources as a result of demand for wood for fuel. In addition to an obvious increase in the population of host areas, concern about refugees' woodfuel-use centres on the notion that they are 'exceptional resource degraders'. Since they view their stay as temporary, it is argued, they therefore do not have any incentive to use resources in a way that is sustainable in the long term. This study examined refugee migration to the middle valley of the Senegal River, and compared woodfuel use by refugee and local populations. Drawing on a household survey and direct measurement of woodfuel use, little or no evidence is found to support the expectation that refugees use more wood for fuel than local people, or that they are more destructive in their collection or use of wood. This is important since it suggests that policy measures developed to reduce what is perceived as excess demand by refugees, notably through the introduction of fuel-efficient stoves, are unlikely to be successful. Reforestation schemes have been relatively unsuccessful in addressing supply or demand for wood.

Compensation of environmental degradation by highways: a Dutch case study

The idea to compensate for a loss of environmental values from planning decisions is rather new. Until now there are no formal regulations regarding such an approach in the Netherlands. However spatial planners increasingly include the possibility for compensation in their plans and actually plan to carry out compensation projects following planning decisions. This paper firstly discusses the concept of compensation. Secondly, Dutch national policy regarding planning in rural areas will be discussed. Particular attention will be given to the National Structure Scheme, which contains a commitment to environmental compensation. In addition, a practical example of compensation for environmental damage will be discussed concerning the construction of a new highway between the Dutch cities Eindhoven and Oss. © 1997 John Wiley & Sons, Ltd and ERP Environment.

Liability and Compensation for Environmental Damage in the Context of the Work of the United Nations Compensation Commission

Liability and Compensation for Environmental Damage in the Context of the Work of the United Nations Compensation Commission