Comments on the White Paper on Environmental Liability
29 Pages Posted: 17 Jan 2015
Date Written: October 15, 2000
Abstract
The White Paper (WP) on Environmental liability declares that the main purpose of Community policy in this matter is to avoid environmental damage, and then suggests that an instrument to achieve it would be a Community directive establishing a civil liability regime with real deterrent effect.
The authors of these Comments subscribe the White Paper’s basic idea, but try to improve some elements just sketched by the White Paper when describing the factual content and legal consequences of the suggested regulation.
With special reference to aspects related to the identification of the different types of damages, the methods for its evaluation and the distinction between compensating harm and restoring the environment. Likewise, attention has been paid to the connection between the different liability standards outlined by the White Paper and the inherent risk of the different kinds of activities.
Keywords: Environmental liability, damages, remedies
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