Liability for Transboundary Pollution at the Intersection of Public and Private International Law
by Guillaume Laganière
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.
Paperback
English
Brand New
Author Biography
Guillaume Laganière is Professor of Law at the Université du Québec à Montréal (UQAM), Canada.
Table of Contents
Introduction I. ContextII. A Study of Private International Law and Global GovernanceIII. Scope of the BookIV. Objectives of the BookV. Structure of the BookPART 1LIABILITY AND THE INTERSECTION OF PUBLIC AND PRIVATE INTERNATIONAL LAW1. Liability for Transboundary Pollution in International Environmental Law I. State Responsibility, State Liability and Civil LiabilityA. Introduction to the Distinction between Responsibility and LiabilityB. State ResponsibilityC. State LiabilityD. Civil LiabilityII. The Duty to Ensure Prompt and Adequate CompensationA. Prompt and Adequate Compensation in International LawB. Future Development of the Duty to Ensure Prompt and Adequate CompensationIII. Conclusion2. Private International Law as Environmental Regulation I. Previous Work on Private International Law in Environmental MattersII. The Regulatory Function of Private International LawA. Private International Law as Obstacle?B. Private International Law as Regulation?III. ConclusionPART 2TRANSBOUNDARY POLLUTION IN CANADIAN PRIVATE INTERNATIONAL LAW3. Jurisdiction Over Transboundary Pollution I. International Environmental Law and the Approach of the ILCA. Jurisdiction in the ILC Principles on the Allocation of LossB. Non-Discrimination and Equal AccessC. Implementation of Equal Access in CanadaD. Going beyond the ILC Principles on the Allocation of LossII. Jurisdiction Over Transboundary Pollution in Canadian Private International LawA. Asserting Jurisdiction Over Transboundary PollutionB. Declining Jurisdiction Over Transboundary PollutionC. Enforcing Foreign Judgments against Local PollutersIII. Conclusion4. The Law Applicable to Transboundary Pollution I. International Environmental Law and the Approach of the ILCA. Choice of Law in the ILC Principles on the Allocation of LossB. Non-Discrimination and Equal RemedyC. Implementation of Equal Remedy in CanadaD. Going beyond the ILC Principles on the Allocation of LossII. The Law Applicable to Transboundary Pollution in Canadian Private International LawA. Designating the Law Applicable to Transboundary PollutionB. Displacing the Applicable LawC. Extraterritorial Application of Statutory Causes of ActionIII. ConclusionConclusion I. Conclusions of the StudyII. Creatively Thinking about Liability for Transboundary Pollution
Review
Librarians and lawyers, both novice and experienced, will appreciate this text. It can be considered a must-have for any practice dealing with environmental law and transboundary pollution issues. -- Laura Lemmens * Canadian Law Library Review *
This book provides new research ideas and frameworks, manifests the complex and understated links between PrIL and international environmental law, and provides a sound conceptual basis for the dialogue between PubIL and PrIL in transboundary environmental pollution. Lawyers and academics who are exploring international environmental law and PrIL are sure to be interested in this book. -- Yu Chen * Social & Legal Studies *
A very good overview, from a Canadian standpoint, of issues pertaining to transboundary pollution in private international law and constitutes a very useful array of comparative-law lessons for other jurisdictions. -- Eduardo Álvarez-Armas * Revue critique de droit international privé *
Promotional
This book makes a significant contribution to our understating of how transboundary pollution should be dealt with by international law, with reference to EU and private international law regimes.
Promotional "Headline"
This book makes a significant contribution to our understating of how transboundary pollution should be dealt with by international law, with reference to EU and private international law regimes.
Feature
Closes the gap in understanding the connections between how private and public international law regulate pollution
Details
