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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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The Approach of Mixed Legal Systems: The Case of Mauritius

The Approach of Mixed Legal Systems: The Case of Mauritius

(p.270) (p.271) 15 The Approach of Mixed Legal Systems: The Case of Mauritius
Environmental Damage in International and Comparative Law

Etienne Sinatambou

Oxford University Press

This chapter begins with an overview of the manner and extent to which the legal provisions inherited since the beginning of the 19th century provide for liability and recovery of environmental damages in Mauritius. It then addresses a number of difficulties which have been, and were bound to be encountered, through the use of these provisions and the rules of standing, in defining and evaluating environmental damage. Finally, the chapter focuses on the emergence of a specific liability and compensatory statutory regime which, ex post facto, encompasses comprehensive elements for the evaluation of environmental damage and provides elements for a definition thereof, though this regime is of limited application.

Keywords:   environmental damage, Mauritius, compensatory statutory regime, liability

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