Liability for Transboundary Pollution at the Intersection of Public and Private International Law

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Guillaume Laganière

Liability for Transboundary Pollution at the Intersection of Public and Private International Law

Guillaume Laganière

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English

Hart Publishing
15 June 2023

Treaties & other sources of international law; International environmental law; Private international law & conflict of laws

Series: Hart Monographs in Transnational and International Law

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.

By: Guillaume Laganière
Imprint: Hart Publishing
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm, Spine: 25mm
Weight: 454g
ISBN: 9781509951192
ISBN 10: 1509951199
Series: Hart Monographs in Transnational and International Law
Pages: 312
Publication Date: 15 June 2023
Audience: Professional and scholarly , Undergraduate
Format: Paperback
Publisher's Status: Active

Introduction 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 II. The Duty to Ensure Prompt and Adequate Compensation A. Prompt and Adequate Compensation in International Law 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 C. Implementation of Equal Access in Canada 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 B. Declining Jurisdiction Over Transboundary Pollution C. Enforcing Foreign Judgments against Local Polluters 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 II. The Law Applicable to Transboundary Pollution in Canadian Private International Law A. Designating the Law Applicable to Transboundary Pollution B. Displacing the Applicable Law C. Extraterritorial Application of Statutory Causes of Action III. Conclusion Conclusion I. Conclusions of the Study II. Creatively Thinking about Liability for Transboundary Pollution

Guillaume Laganière is Professor of Law at the Université du Québec à Montréal (UQAM), Canada.

Reviews for Liability for Transboundary Pollution at the Intersection of Public and Private International Law

Librarians and lawyers, both novice and experienced, will appreciate this text. It can be considered a must-have for any practice dealing with environmental law and transboundary pollution issues. -- Laura Lemmens * Canadian Law Library Review * This book provides new research ideas and frameworks, manifests the complex and understated links between PrIL and international environmental law, and provides a sound conceptual basis for the dialogue between PubIL and PrIL in transboundary environmental pollution. Lawyers and academics who are exploring international environmental law and PrIL are sure to be interested in this book. -- Yu Chen * Social & Legal Studies *