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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 Concept of Environmental Damage in International Liability Regimes

The Concept of Environmental Damage in International Liability Regimes

(p.148) (p.149) 9 The Concept of Environmental Damage in International Liability Regimes
Environmental Damage in International and Comparative Law

Louise De La Fayette

Oxford University Press

This chapter examines the concept of environmental damage in a number of international liability regimes, both in existence and under development, and considers whether those regimes adequately address the problem of damage to the environment per se. It begins with a summary of domestic US law and practice. US legislation and international regimes appear to have developed in different directions, with the former focusing on damage to natural resources and the latter focusing on damage to persons and property, while viewing the US regime with suspicion and even hostility. The chapter considers how far these differences are real and suggests the basic elements of an ‘ideal’ international regime to address the issue of liability and compensation for environmental harm.

Keywords:   environmental damage, environmental policy, United States, international law, environmental law, international liability regimes, liability, compensation

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