Shifts in Compensation for Environmental Damage
Michael Faure, Albert Verheij
Springer Vienna, Sep 4, 2007 - Law - 338 pages
This volume examines the shifts in the compensation of environmental damage between private and public systems. Recent developments at both the European and international level are presented with a particular focus on the shifts relating to the compensation of oil pollution, damage arising as a result of nuclear accidents and soil pollution in particular legal systems (Belgium, the Netherlands, Germany and the U.S.A.). Attention is also paid to shifts between various levels of government as far as compensation for environmental damage is concerned. The authors discuss the nature of the particular shift and examine whether the shift is always from private law to public funding. The reasons for the introduction of the shifts and their effects are also examined as well as the consequences of the various shifts in the oil pollution regime from an economic perspective. Finally attention is also paid to various evolutions within private legal funding mechanisms to compensate for environmental damage. New developments, such as the shift towards voluntary compensation schemes and environmental damage insurance, are also presented and critically discussed.