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Environmental Damage in International and Comparative LawProblems of Definition and Valuation$
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Michael Bowman and Alan Boyle

Print publication date: 2002

Print ISBN-13: 9780199255733

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780199255733.001.0001

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Environmental Damages in the Common Law: An Overview

Environmental Damages in the Common Law: An Overview

(p.213) 11 Environmental Damages in the Common Law: An Overview
Environmental Damage in International and Comparative Law

Thomas Schoenbaum

Oxford University Press

This chapter explores whether and to what extent the common law makes provisions liability for and recovery of environmental damage. The chapter is organized as follows. First, it examines the traditional common law doctrine involving cases of action for injury to land: nuisance, trespass, negligence, and strict liability. It then discusses common law doctrine directed more precisely at the use and protection of natural resources: the public trust doctrine. Thirdly, recent statutory rights to recover environmental damages under American law are summarized. With this, it is possible to draw some conclusions about environmental damage and the common law that are relevant to international practice.

Keywords:   common law, environmental damage, liability, natural resources, public trust doctrine, American law, statutory rights

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