Environmental Loss and Damage in a Comparative Law Perspective

This book analyzes the legal issues arising from and relating to environmental loss and damage. It does so from a comparative and interdisciplinary perspective, examining both public and private law aspects. It takes into consideration specific legal issues concerning liability, compensation and restoration of damage in different sectors and jurisdictions.
Barbara Pozzo, Valentina Jacometti
European Environmental Law Forum
book | published | 1st edition
January 2021 | xxviii + 536 pp.



ISBN 9781839700262

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ISBN 9781839701191

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This book analyzes the regulation of environmental loss and damage. It does so from a comparative and interdisciplinary perspective, examining both public and private law aspects. It delves into conceptual and specific legal issues concerning liability, compensation and restoration of damage in different sectors and jurisdictions, as well as taking into account the contributions of economic analysis in this field of regulation.

Specific attention has been devoted to the role that liability and insurance may play in terms of mitigation and adaptation to climate change, as well as the prevention of damage from natural hazards. The scope of analysis encompasses national as well as supranational and international regimes. In particular, there are two interrelated and very promising developments in the evolving understandings in this field that merit special focus: possible legal transplants and “cross-fertilization” between legal systems, on the one hand; and the current dialectic between global and local law in the environmental field, on the other.

With contributions by Mariusz Baran (Jagiellonian University), Letizia Casertano (University of Insubria), Marta Cenini (University of Insubria), Yu Cheng (China University of Political Science and Law), Nadia Coggiola (University of Turin), Merve Demir (Bournemouth University), Robert Esser (University of Passau), Stefano Fanetti (University of Insubria), Joris Gazendam (University of Groningen), Carlo Vittorio Giabardo (University of Girona), Tilak Ginige (Bournemouth University), Carola Glinski (University of Copenhagen), Iain Green (Bournemouth University), Theodoros Iliopoulos (Hasselt University), Valentina Jacometti (University of Insubria), Nikolay Kichigin (Institute of Legislation and Comparative Law, Russia), Alena Kodolova (Russian Academy of Science), Ludwig Krämer (Madrid, Spain), Emanuele La Rosa (“Mediterranea” University of Reggio Calabria), Francesco Martines (University of Messina), Carlo Masieri (University of Milan), Khazar Masoumi (Anhembi Morumbi University), Anna Teresa Memola (University of Milan), Alberto Monti (University School for Advanced Studies Pavia), Susanna Paleari (National Research Council, Italy), Chiara Perini (University of Insubria), Barbara Pozzo (University of Insubria), Bartosz Rakoczy (Nicolaus Copernicus University), Wenhong Ren (Beihang University), Miriam Ruiz Arias (University of Salamanca), Hendrik Schoukens (Ghent University), Laura Stănilă (West University Timişoara), Sergiu Stănilă (West University Timişoara), Topi Turunen (University of Eastern Finland), Patrick Van Calster (Bournemouth University), Anna Vanhellemont (Hasselt University), Geert Van Hoorick (Ghent University) and Congwen Yao (Wuhan University).


Barbara Pozzo is Professor of Private Comparative Law at Insubria University, Italy. She coordinates the interdisciplinary PhD program in Law and Human Sciences at the university. She is also Director of the Summer School Program in Comparative Environmental Law.

Valentina Jacometti is Associate Professor of Private Comparative Law at Insubria University, Italy. She is also a member of the Board of Directors of “Rivista giuridica dell'Ambiente”.

Table of Contents

Table of Contents and Preliminary Pages (p. 0)

Barbara Pozzo, Valentina Jacometti

Part I. Liability for Environmental Harm in the EU

The EU and the System of Environmental Loss and Damage: Liability, Restoration and Compensation (p. 1)

Towards a Better Environmental Liability Directive? (p. 29)

The Permit Defence between the EU Environmental Liability Directive and National Private Law: Some Comparative Law Remarks (p. 39)

The Jurisprudential Configuration of the “Polluter Pays” Principle: A Critical Assessment (p. 53)

“Causal Link” as a Condition of Liability in the Environmental Law: The Example of the Liability Mechanism in Directive 2004/35/EC (p. 71)

Accumulation of Potentially Toxic Elements in Agricultural Soils (p. 87)

Part II. Private and Corporate Environmental Liability

Corporate Social Responsibility and Corporate Liability for Environmental Damage (p. 109)

Extended Producer Responsibility in the EU: Achievements and Future Prospects (p. 133)

Financing Sustainable Growth in Europe: The Key Role of Sustainable Finance in Preventing Environmental Damage and Implementing Adaptation Strategies (p. 147)

The Burden of Proof in Proceedings for Corrective and Preventive Actions in Polish and Italian Law (p. 167)

Part III. The Role of Criminal Liability

The Protection of the Environment through Criminal Law: Preliminary Remarks (p. 179)

The Legal Framework against Planned Obsolescence: What Role (If Any) for Criminal Law? (p. 191)

Confiscation of Assets and Proceeds of Crime in Environmental Criminal Law: New Approaches by the German Legislator (p. 209)

Environmental Criminal Liability of Enterprises and Compliance Programmes in Spain (p. 229)

Part IV. Legal Transplants in the Environmental Field: The Case of Environmental Liability

The CERCLA Model: Past, Present and Future (p. 243)

Compensation for Environmental Damage in the CIS Countries: A Comparative Legal Analysis (p. 263)

Compensation of Lawful Environmental Damage in the Russian Legal System (p. 275)

Ecological Environmental Damage Liability Rules in the Light of the Private Law Regime: Problems and Experience in China (p. 291)

Transplanting Civil Law Models in China: Compensation of Personal Damages Caused by Environmental Pollution (p. 331)

Part V. State and International Environmental Liability

The Myth of Plurality of Regimes in the Law of State Responsibility (p. 355)

The Right to a Healthy Environment and its Consequences for Other Human Rights: A Challenging Approach (p. 371)

Part VI. Climate Change Liability

Climate Change Liability: Some General Remarks in a Comparative Law Perspective (p. 383)

Climate Change Litigation, State Responsibility and the Role of Courts in the Global Regime: Towards a “Judicial Governance” of Climate Change? (p. 393)

Liability of States in Climate Change Migration and Compensation for Environmental Migrants (p. 407)

Reusing Offshore Hydrocarbon Infrastructure for the Permanent Storage of Carbon Dioxide (p. 421)

Part VII. Liability, Climate Change and Natural Hazards: The Role of Insurance

Insurance Instruments for Adapting to Climate Change: A Comparative Perspective (p. 435)

Multi-Country Pooling Schemes for the Financing and Transfer of Climate-Related Disaster Risk: A Comparative Overview (p. 455)

Environmental Liability, Catastrophic Risk Mitigation and Sustainability: The Role of Insurers Beyond the Insurance Coverage (p. 467)

Part VIII. Real Compensation and Offset Regimes: The Strategy of “No Net Loss”

No Net Loss in Recovery: The Overall End-of-Waste Impact Assessment (p. 481)

No Net Loss and Forest Offsets in the Flemish Region: A Cautionary Tale of How Not to Reconcile Science-Based Conservation Policies with Economic Interests and Vested Rights? (p. 499)

About the series:

European Environmental Law Forum

The European Environmental Law Forum is a non-profit initiative of environmental law scholars and practitioners from across Europe aiming to support intellectual exchange on the development and implementation of international, European and national environmental law in Europe.

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