Liability for Transboundary Pollution at the Intersection of Public and Private International Law

Description

This book focuses on how public and private international law address civil liability for transboundary pollution. In public international law, civil liability treaties promote the implementation of minimum procedural standards in domestic tort law. This approach implicitly relies on private international law to facilitate civil litigation against transboundary polluters. Yet this connection remains poorly understood. Filling the gap, this book engages in a meaningful dialogue between the two areas and explores how domestic private international law can reflect the policies developed in international environmental law. It begins with an investigation of civil liability in international environmental law. It then identifies preferable rules of civil jurisdiction, foreign judgments and choice of law for environmental damage, using Canadian private international law as a case study and making extensive references to European law. Liability for transboundary pollution is a contentious issue of the law, both in scholarship and practice: international lawyers both private and public as well as environmental lawyers will welcome this important work. Volume 12 in the series Hart Monographs in Transnational and International Law Preface Acknowledgements Table of Contents List of Abbreviations International Materials, Legislation, Jurisprudence and Government Documents Introduction I. Context II. A Study of Private International Law and Global Governance III. Scope of the Book IV. Objectives of the Book V. Structure of the Book Part 1: Liability and the Intersection of Public and Private International Law 1. Liability for Transboundary Pollution in International Environmental Law I. State Responsibility, State Liability and Civil Liability II. The Duty to Ensure Prompt and Adequate Compensation III. Conclusion 2. Private International Law as Environmental Regulation I. Previous Work on Private International Law in Environmental Matters II. The Regulatory Function of Private International Law III. Conclusion Part 2: Transboundary Pollution in Canadian Private International Law 3. Jurisdiction over Transboundary Pollution I. International Environmental Law and the Approach of the ILC II. Jurisdiction over Transboundary Pollution in Canadian private International Law III. Conclusion 4. The Law Applicable to Transboundary Pollution I. International Environmental Law and the Approach of the ILC II. The Law Applicable to Transboundary Pollution in Canadian Private International Law III. Conclusion Conclusion I. Conclusions of the Study II. Creatively Thinking about Liability for Transboundary Pollution Bibliography Index