Compensating Ecological Damage

This book focuses on the damage to private natural resources which have an ecological value in excess of their market value and the damage to public natural resources. Its aim is to design a compensation system, taking into account the interaction between regulation, liability rules and compensation mechanisms, to both prevent and compensate for ecological damage.
Author(s):
Jing Liu
Series:
Ius Commune Europaeum
Volume:
118
book | published | 1st edition
June 2013 | xxii + 452 pp.

Paperback
€90.-


ISBN 9781780681740


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Details

This book focuses on ecological damage: the damage to private natural resources which have an ecological value in excess of their market value and the damage to public natural resources. Its aim is to design a compensation system, taking into account the interaction between regulation, liability rules and compensation mechanisms (such as liability insurance, direct insurance, risk-sharing agreements, environmental funds, other guarantees and capital markets), to both prevent and compensate for ecological damage. Three new compensation models are proposed in this research, mainly based on the desirability and feasibility of a mandatory financial security system. In addition to briefly exploring the existing experience in the US, the EU and international regimes, this book also provides both theoretical and empirical research on the Chinese compensation system, which the existing literature has largely neglected. This book will be of interest to legal scholars, environmental agencies and insurers, and students.

Chapters

Table of Contents (p. 0)

CHAPTER 1: INTRODUCTION (p. 1)

Part I. Compensation Models for Ecological Damage: Theoretical Framework

CHAPTER 2: THE DEFINITIONS AND CHARACTERISTICS OF ECOLOGICAL DAMAGE (p. 13)

CHAPTER 3: LEGAL RULES CONCERNING THE PREVENTION OF ECOLOGICAL DAMAGE: ECONOMIC OBSERVATIONS (p. 45)

CHAPTER 4: ANALYSIS OF SPECIFIC COMPENSATION MECHANISMS (p. 95)

CHAPTER 5: COMPENSATION MODELS FOR ECOLOGICAL DAMAGE (p. 173)

Part II. Empirical Part

CHAPTER 6: COMPENSATION SYSTEMS UNDER THE INTERNATIONAL REGIME (p. 191)

CHAPTER 7: COMPENSATION SYSTEMS IN THE U.S (p. 231)

CHAPTER 8: COMPENSATION SYSTEMS IN THE EU AND SOME EU MEMBER STATES (p. 287)

CHAPTER 9: CONCLUSION OF PART II (p. 308)

Part III Towards an Efficient Compensation SYstem in China

CHAPTER 10: COMPENSATION SYSTEM FOR ECOLOGICAL DAMAGE IN CHINA AND POLICY RECOMMENDATIONS (p. 321)

CHAPTER 11: CONCLUSION AND POLICY RECOMMENDATIONS (p. 375)

SUMMARY: COMPENSATING ECOLOGICAL DAMAGE: COMPARATIVE AND ECONOMIC OBSERVATIONS (p. 391)

SAMENVATTING: COMPENSATIE VOOR ECOLOGISCHE SCHADE: RECHTSVERGELIJKENDE EN ECONOMISCHE BESCHOUWINGEN (p. 395)

POLICY DOCUMENTS, GUIDELINES, REPORTS (p. 399)

LEGISLATION (p. 405)

BIBLIOGRAPHY (p. 413)

CURRICULUM VITAE (p. 449)

About the series:

Ius Commune Europaeum

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The ‘Ius Commune Europaeum’ series focuses on the common foundations of the legal systems of the Member States of the European Union. It includes horizontal comparative legal studies as well as studies on the effect of EU law, treaties and international regulation within the national legal systems. All substantive fields of law are covered.

The series is published under the auspices of METRO, the Institute for Transnational Legal Research at the Maastricht University.

Guidelines for the submission of a manuscript or proposal can be found here.

Editorial Board
Prof. Dr. J. Smits (chair - Tilburg University, the Netherlands)
Prof. Dr. M. Faure (Maastricht University and Erasmus University Rotterdam, the Netherlands)
Prof. Dr. E. Vos (Maastricht University, the Netherlands).


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