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Liability for Transboundary Pollution at the Intersection of Public and Private International Law 1st Edition by Guillaume Laganière ISBN 9781509951154 1509951156

Name: Liability for Transboundary Pollution at the Intersection of Public and Private International Law 1st Edition by Guillaume Laganière ISBN 9781509951154 1509951156
SKU: EB-44106272
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Liability for Transboundary Pollution at the Intersection of Public and Private International Law 1st Edition Guillaume Laganière Digital Instant Download

Author(s): Guillaume Laganière

ISBN(s): 9781509951154, 9781509951161, 1509951156, 1509951164

Edition: 1

File Details: PDF, 1.94 MB

Year: 2022

Language: English

SKU: EB-44106272 Category: Jurisprudence & Law - Environmental Law Tag: Guillaume Laganière

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Liability for Transboundary Pollution at the Intersection of Public and Private International Law 1st Edition by Guillaume Laganière – Ebook PDF Instant Download/Delivery: 9781509951154 ,1509951156
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ISBN 10: 1509951156
ISBN 13: 9781509951154
Author: Guillaume Laganière

This book focuses on how public and private international law address civil liability for transboundary pollution. In public international law, civil liability treaties promote the implementation of minimum procedural standards in domestic tort law. This approach implicitly relies on private international law to facilitate civil litigation against transboundary polluters. Yet this connection remains poorly understood. Filling the gap, this book engages in a meaningful dialogue between the two areas and explores how domestic private international law can reflect the policies developed in international environmental law. It begins with an investigation of civil liability in international environmental law. It then identifies preferable rules of civil jurisdiction, foreign judgments and choice of law for environmental damage, using Canadian private international law as a case study and making extensive references to European law. Liability for transboundary pollution is a contentious issue of the law, both in scholarship and practice: international lawyers both private and public as well as environmental lawyers will welcome this important work.

Liability for Transboundary Pollution at the Intersection of Public and Private International Law 1st Edition Table of contents:

I. Context

II. A Study of Private International Law and Global Governance

III. Scope of the Book

IV. Objectives of the Book

V. Structure of the Book

PART 1: LIABILITY AND THE INTERSECTION OF PUBLIC AND PRIVATE INTERNATIONAL LAW

1. Liability for Transboundary Pollution in International Environmental Law

I. State Responsibility, State Liability and Civil Liability

A. Introduction to the Distinction between Responsibility and Liability

B. State Responsibility

C. State Liability

D. Civil Liability

i. Civil Liability Regimes in International Environmental Law

ii. Assumptions of Civil Liability Regimes

iii. Treaty Failure

II. The Duty to Ensure Prompt and Adequate Compensation

A. Prompt and Adequate Compensation in International Law

i. Prompt and Adequate Compensation in Environmental Treaties

ii. Prompt and Adequate Compensation in International Investment Law

iii. Status of the Duty to Ensure Prompt and Adequate Compensation

B. Future Development of the Duty to Ensure Prompt and Adequate Compensation

III. Conclusion

2. Private International Law as Environmental Regulation

I. Previous Work on Private International Law in Environmental Matters

II. The Regulatory Function of Private International Law

A. Private International Law as Obstacle?

B. Private International Law as Regulation?

III. Conclusion

PART 2: TRANSBOUNDARY POLLUTION IN CANADIAN PRIVATE INTERNATIONAL LAW

3. Jurisdiction Over Transboundary Pollution

I. International Environmental Law and the Approach of the ILC

A. Jurisdiction in the ILC Principles on the Allocation of Loss

B. Non-Discrimination and Equal Access

i. The 1974 Nordic Convention

ii. The 1977 OECD Recommendation

C. Implementation of Equal Access in Canada

i. The 1909 Boundary Waters Treaty

ii. The 1979 Draft Treaty on Equal Access and Remedy

iii. The 1982 Reciprocal Access Act

iv. The 1994 North American Agreement on Environmental Cooperation

D. Going beyond the ILC Principles on the Allocation of Loss

II. Jurisdiction Over Transboundary Pollution in Canadian Private International Law

A. Asserting Jurisdiction Over Transboundary Pollution

i. Foreign Plaintiffs in Canada

ii. Canadian Plaintiffs in Canada

B. Declining Jurisdiction Over Transboundary Pollution

C. Enforcing Foreign Judgments against Local Polluters

i. Indirect Jurisdiction of Foreign Courts

ii. Public Law and Public Policy Exceptions to the Enforcement of Foreign Judgments

III. Conclusion

4. The Law Applicable to Transboundary Pollution

I. International Environmental Law and the Approach of the ILC

A. Choice of Law in the ILC Principles on the Allocation of Loss

B. Non-Discrimination and Equal Remedy

C. Implementation of Equal Remedy in Canada

D. Going beyond the ILC Principles on the Allocation of Loss

i. Transboundary Pollution and the Law of the Place of the Tort

ii. The Ubiquity Principle

II. The Law Applicable to Transboundary Pollution in Canadian Private International Law

A. Designating the Law Applicable to Transboundary Pollution

i. Choice of Law in Canadian Common Law

ii. Choice of Law in the Reciprocal Access Act

iii. Choice of Law in the Civil Code of Quebec

B. Displacing the Applicable Law

i. Displacement of Foreign Law

ii. Mandatory Foreign Laws

C. Extraterritorial Application of Statutory Causes of Action

i. Extraterritoriality and Choice of Law

ii. Statutory Causes of Action in Canada

III. Conclusion

Conclusion

I. Conclusions of the Study

II. Creatively Thinking about Liability for Transboundary Pollution

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Tags: Guillaume Laganière, Transboundary Pollution, Intersection, Private International Law