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Clarification of the legal basis of civil liability for environmental damage has demonstrated the legislative inadequacy in providing adequate protection to the environment against damage suffered, especially in the light of the industrial and technological development we are witnessing, which has contributed significantly to the increase of such damage, which has become a threat to life on Earth's surface. Recourse to general rules of civil law has been reserved to maximize protection against such damages despite limitations on civil liability of a contractual nature. Tort civil liability has been broader in application to environmental damage, particularly substantive ones, which have almost achieved some degree of legal protection under general rules that need to be amended to include provisions dealing with environmental damage in particular in the absence of laws that resolve environmental damage. [ABSTRACT FROM AUTHOR]

This study aims to guarantee that all anticipated emergencies are effectively planned, reviewed, and the necessary equipment and resources are made publicly available to prevent and reduce environmental damage in the event of emergencies for industrial sites. This research aims to ensure that all necessary steps are taken to protect the company's staff, contractors, the environment, neighbouring communities, and assets in the event of a catastrophic leak. It could also serve as a baseline for the industrial site and its subcontractors. Additional measures could be included to improve good practices; The Emergency Preparedness Strategy programs are broad action plans for dealing with situations that may arise at a facility or in the surrounding community. In the event of an emergency at an industrial site, this will allow lives to be saved and property damage to be minimized. [ABSTRACT FROM AUTHOR]

Consuming countries are increasingly holding transnational businesses accountable for environmental damage on behalf of affected communities in exporting countries. The EU Renewable Energy Directives (RED) and the EU Timber Regulation (EUTR) particularly demonstrate such an accountability-by-proxy. Both aim to prevent worldwide deforestation. However, their design and accountability logics vary considerably. Using the case of Indonesia, the article addresses the question of whether a certain accountability relationship matters for improving outcomes such as prevention of tropical deforestation. Hereby, the article contributes to a new theoretical understanding of how logics of proxy accountability are linked to narratives about agency and what inherent normative risks are. The article shows that, different from the EUTR narrative, which reaffirms standard accountability arrangements, RED presents a hybrid approach. This hybrid approach may more effectively prevent tropical deforestation, but it comes at the price of further marginalization of directly affected communities. [ABSTRACT FROM AUTHOR]

Copyright of European Review of Public Law is the property of European Public Law Organization and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article focuses on denial of genocide in the California Gold Rush era and genocide perpetuated against tribal nations in the early days of California statehood. It mentions United Nations Convention on the Crime and Punishment of Genocide and environmental damage, rename offensive landmarks, address ongoing violence against Native women and girls. It also mentions Gary Clayton Anderson contends that these policies and actions in California.

These cases seek to hold national or federal governments and corporate actors to account for their climate inaction or lack of climate ambition.[3] The climate litigation trend positions judges and courts as governance actors in a just transition. Climate litigation is a topic I du jour i in academic and policy circles.[2] New cases have rapidly been assimilated to the body of strategic litigation initiated on the part of individuals, civil society actors, non-governmental organizations and even sub-national governments. What are the particular features of climate litigation in Africa?. [Extracted from the article]

The legal regime for civil liability for environmental damage has developed in a changing way, and in recent decades it has developed, in particular, to damage caused at sectorial level in an international context. The legal mechanism for liability for environmental damage has been extended to cover sources of pollution, pollutants and the way in which damage is repaired, leading to the establishment of a common right in this area. In this paper, we will present and analyse the main international legal instruments which are incidents in the field of civil liability for environmental damage occurring in an international context. These legal instruments indicate those causing environmental damage as active and consequently responsible for repairing the damage caused, thus providing a strong incentive to avoid environmental damage. In this context, we will highlight the overall aim of international environmental instruments, of fully repairing the damaged natural resources and related services and returning them to the state they would have been had the environmental damage not occurred. The study shows the continuing concern of the international community for identifying legal mechanisms to ensure that environmental damage is repaired and its victims are restored to their rights. The basic principles of civil liability for environmental damage occurring in an international context are also analysed, with an indication of the mechanism of limited liability and the mechanism of full liability. [ABSTRACT FROM AUTHOR]

This article draws attention to the need of a reform of the environmental protection by means of international criminal law as enshrined in the Rome Statute of the International Criminal Court. After giving a short overview of the contemporary environmental protection in war- and peacetime offered by international criminal law, it becomes clear that international criminal law fails to succeed at offering sufficient environmental protection. This paper outlines that there is no convincing reason for a differentiated approach in international criminal law to environmental damage in wartime and in peacetime, and that a shift from an anthropocentric to an ecocentric approach would positively contribute to a more effective protection of the environment. It is therefore argued for the introduction of a new integral and ecocentric international crime against the environment in the Rome Statute. The paper then elaborates on existing proposals on such a new crime against the environment before some proper observations on the exact contours of the crime are made. A focus lies on the new crime's threshold of seriousness as well as on the necessary mens rea requirements. The insufficiency of the contemporary legal framework and the merits of a new crime against the environment are exemplified by an archetype example of peacetime environmental damage, the Chevron/Texaco oil spill scenario in Ecuador. [ABSTRACT FROM AUTHOR]

A string of corporate litigation cases in the United Kingdom highlights the role of corporate group structures in complicating efforts to impose liability on parent companies for the activities of their subsidiaries, particularly where those subsidiaries are located in the Global South. Corporate group structures serve to insulate parent companies against liability for actions of their subsidiaries. This is the case even where economic benefits accrue to parent companies, which are often incorporated in the Global North. These group structures cabin liability for environmental and climate harms within subsidiary companies through reliance on company law principles such as limited liability and separate legal personality. These company law principles allow parent companies to enjoy corporate profits from the activities of their subsidiaries but disavow liability for any environmental damage resulting from such activities. This dichotomy has obvious equity implications, which are exacerbated in the extractive industries and in the context of climate change. Negative climate impacts are and will be felt predominantly in the Global South. In addition, environmental damage removes avenues of climate adaptation for vulnerable populations. But company law principles are not impervious to these equity challenges. These principles have never been absolute and courts have consistently found exceptions to them, although those exceptions have fluctuated in effectiveness and frequency over the years. Recent decisions by the Court of Appeal and Supreme Court in the United Kingdom imposed duties on parent companies for environmental damage caused by their subsidiaries. Cases following the decision in Chandler v Cape Industries illustrate tension between company law as interpreted in the Global North, and climate and environmental justice as experienced in the Global South. Climate change forces a reconceptualization of company law, including transnational corporate liability. This paper argues that these reconsiderations are not only appropriate, but given the contested histories of many of these companies in the Global South, long overdue. [ABSTRACT FROM AUTHOR]

Copyright of Journal of Changzhou University (Social Science Edition) is the property of Editorial Department of Journal of Changzhou University and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The environment is a great source of sustainability for humans and other aspects of the ecosystem. Unfortunately, the world, especially developing countries, has been hit by armed conflicts, which have great implications on the environment and all forms of life that depend upon it for their existence. Such effects are, however, more profound on children, who are one of the most defenseless groups of persons in armed conflicts. Nuclear weapons, small arms, fires, destruction of forests, water pollution, and air pollution are all methods of warfare that destroy the environment with a severe impact on children. Using a doctrinal approach, this study examines the specific ways armed conflicts harm the environment and the effects of environmental degradation on children. Existing legal frameworks are discussed to determine their sufficiency and the extent of their effectiveness in protecting children from the efects of environmental degradation caused by armed conflicts. This is in addition to the steps that could help save children from environmental harm, as healthy children have better chances of contributing to the development of their communities and nation as a whole. [ABSTRACT FROM AUTHOR]

The article presents the discussion on applying restorative justice principles for addressing environmental harm. Topics include environmental movement galvanising public awareness of climate change and environmental harm; and effect of continuing reputational damage on stock prices and future business.

In 1992, the US military withdrew from its bases in the Philippines. But they left behind environmental toxins that continue to pollute the land and people. Why was the US military able to leave without cleaning up this environmental damage? What can the environment tell us about the broader Philippine–US relationship? In this article I analyse a 2002 class action lawsuit against the United States regarding environmental damages caused by the US military. I argue that at the heart of these legal arguments are different understandings of time and history, what I call a contractual timescape versus a stewardship timescape. [ABSTRACT FROM AUTHOR]

Batik has become more desirable in the current fashion mode within the global market, but the environmental damage induced by this fabric's synthetic dye practices is a matter of concern. This study aimed to discuss the application of organic materials as natural dyes in the clean production of textiles to maintain the environment. The research was a case study from the community services program in Kampung Malon, Gunungpati, Semarang City, Indonesia, focused on the batik home industry of the Zie Batik fabric. Furthermore, natural pigments fromvarious plant organs (stem, leaves, wood, bark, and fruit) of diverse species, including Caesalpinia sappan, Ceriops candolleana, Maclura cochinchinensis, Indigofera tinctorial, I. arrecta, Rhizopora spp., Strobilantes cusia, and Terminalia bellirica were used for this type of material. These pigments are more biodegradable, relatively safe, and easily obtained with zero liquid waste compared to the synthetic variants. The leftover wastewater from the coloring stages was further utilized for other processes. Subsequently, the remaining organic waste from the whole procedure was employed as compost and/or timber for batik production, although a large amount of the wastewater containing sodium carbonate (Na2CO3), alum (KAl(SO4)2 12H2O), and fixatives (Ca(OH)2 and FeSO4) were discharged into the environment during the process of mordanting and fixating, with the requirement of additional treatment. [ABSTRACT FROM AUTHOR]

As burning is an agricultural practice widely used in Brazil and causing environmental damage, such as soil impoverishment and loss of vegetation and biodiversity. Find out what the causes are and where the fires occur with greater intensity and extreme importance for the creation of fire prevention and firefighting plans. Therefore, the present study aims to quantify the number of fires in the municipality of São Raimundo das Mangabeiras, in Maranhão, during the period from January/2017 to January/2018 - 1 year. A methodology based on the collection of data on fires foci applied by INPE (National Institute for Space Research) and the use of geoprocessing tools and GIS (Geographic Information System). With a survey that shows that more than 250 fires were recorded in the studied period, the display or state of Maranhão in the first places of the ranking of fires. [ABSTRACT FROM AUTHOR]

Los Cóndores Mine, the most important tungsten mine exploited in Argentine, had its permanent closure in 1982, leaving mining environmental liable in place with potential impact on the quality of different environmental elements (water, air, flora, fauna, etc.). This work carries out an environmental impact assessment of the place by using a double entry matrix, which identifies and characterizes the impacts on the crossing spaces. The importance of the environmental liable on the recipient environment is determined through certain qualities of it, which are introduced in a function that allows us to finally estimate the Importance of Environmental Liable (IM) indicator. Results revealed that the soil element turned out to be the environmental factor with a critical negative impact related to the affectation due to waste generation. In addition, the solid waste disposed in the place severely damages water and landscape elements. The results of this study could be used for establishing a priority order of remediation actions required by the place. [ABSTRACT FROM AUTHOR]

In environmental law exist a tendency to establish objective civil liability, based on the idea of risk, independent of the fault. Thus, from the point of view of the particularities of this branch of law, we shall examine in detail the general conditions of tortious civil liability for environmental damage. We will define the concept of environmental damage and also the ways of assessing and repairing environmental damage to research. In developing this study we will take into account the relevant national law, as well as the provisions of international conventions for the protection of environmental factors. [ABSTRACT FROM AUTHOR]

The 2016 Office of the Prosecutor of the International Criminal Court (ICC) policy paper on case selection and prioritization is a significant development in that it highlights the possible role of the ICC in prosecuting environmental damage, illegal natural resource exploitation and land grabbing. For obvious reasons, however, the ICC Office of the Prosecutor policy paper could not expand the court's current jurisdiction over ecocide which is dependent on a formal amendment to the ICC Statute and the policy paper is only an internal policy document. But more fundamentally it has been predicted that the 2016 ICC Office of the Prosecutor may signify the revitalization of the debate on how an international crime of ecocide could be conceptualised under international law and ultimately whether the ICC should have a broader jurisdiction over ecocide. This article aims to critically evaluate how a crime of ecocide could be conceptualised under international law, as well as to assess the limitations of conceptualising ecocide based on the narrow definition of the existing crimes under the ICC Statute. Moreover, this article aims to critically evaluate developments in past three and half years following the adoption 2016 OTP Policy Paper, and notes that the practice of the OTP in dealing with recent national communications and the ICC case law itself to date have not signified a considerable shift in interpreting the law in cases involving environmental damage, illegal natural resources exploitation and land grabbing. Therefore, they have done little so far to clarify the scope of the court's existing jurisdiction over "ecocide". [ABSTRACT FROM AUTHOR]

The objective of this article is to show that the principle of state responsibility is significant in theory, but not in practice in resolving environmental disputes. This may be attributed to the following reasons: the principle is not well-established in environmental law. Moreover, it needs to be designed in a single instrument that is solid and clear to be considered by the arbitrators, and this instrument should define the principle and its parameters, in addition to its procedural aspects. The explored defects of this principle leading to its insignificance include: the extent of liability, the magnitude of the harm, the forms of reparation, the required standard of care and some enforcement issues. This article also presents several sections to determine the principle's efficiency-i.e., whether it is modified or not in terms of invocation and enforcement, with reference to environmental case law. This study also provides some suggestions and an alternative to this principle. [ABSTRACT FROM AUTHOR]

This section provides an overview of recent literature on legal aspects of carbon trading and other dimensions of climate change regulation. Carlarne, Cinnamon P. "The Space between Grand Optimism and Grim Determination: Finding a Pathway Forward in International Climate Change Law", 16 Loyola University Chicago International Law Review (1/2020), pp. 1-20. "Parametric Loss and Damage Insurance Schemes as a Means to Enhance Climate Change Resilience in Developing Countries", 20 Climate Policy (6/2020), pp. 693-703. "State of Climate Law: The Third Pillar of International Climate Change Law: Explaining "Loss and Damage" after the Paris Agreement", 10 Climate Law (2/2020), pp. 211-223. [Extracted from the article]

Multinational corporate groups pose a challenge to traditional methods of legal control, particularly when corporations domiciled in wealthy western countries exploit, through foreign-domiciled subsidiaries, the resources and 'weak governance' of the developing world. In holding England as the proper place in which to bring a claim against both a UK-domiciled company and its Zambian subsidiary, for environmental damage abroad, the Supreme Court has allegedly 'opened the door' to similar future actions. However, in the absence of robust and mandatory due diligence requirements, parent companies may simply retreat from comprehensively reporting on group-wide systems of management and control. A desire to avoid future 'voluntary assumptions of responsibility' may be the undoing of post- Vedanta optimism. [ABSTRACT FROM AUTHOR]

This research examines whether analysts' credit ratings of new bond issues reflect environmental liability information provided by the Environmental Protection Agency. Because environmental obligations provide no future economic benefits, we expect a negative relation between credit ratings and proxies for off-balance-sheet environmental obligations. To test this relation, we utilize a bond rating prediction model with a sample of new bond issues over the period 1990-1992. Our environmental liability estimates vary in size according to assumptions concerning the allocation of costs across responsible parties. Results indicate that environmental information is a significant negative factor in explaining bond ratings and increases the model's classification accuracy. Based on the overall analysis, the larger monetary measures of the firm's environmental liability are more consistent with bond rating analysts' assessment of the obligation. The general results are reinforced by additional analysis utilizing a model of bond rating changes over the period 1986-1997. This analysis indicates being named a potentially responsible party on additional environmental Superfund sites is associated with deterioration in a firm's credit rating when the firm has not previously been associated with a large number of these sites. This research establishes the value relevance of environmental information in debt markets and adds to prior studies that examine equity market effects. [ABSTRACT FROM AUTHOR]

Law 12/2011, of May 27, on civil liability for nuclear damage or damage caused by radioactive materials, establishes a regime of civil liability for nuclear damage and environmental damage caused by radioactive materials. The law integrates into the same legal framework the nuclear damage contemplated in the 1964 law and the environmental damage of nuclear origin. It establishes the obligation of operators of nuclear facilities to guarantee civil liability coverage for nuclear damage of up to 1.2 billion euros. The State will contribute with public funds to complementary compensation that exceeds 1.2 billion euros. The law also regulates civil liability for damage caused by radioactive facilities in the handling, storage, or transportation of radioactive materials. [Extracted from the article]