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Environmental Protection and the Common Law

Editat de John Lowry, Rod Edmunds
en Limba Engleză Hardback – 19 iun 2000
Within the broad framework of the common law of tort,the torts of nuisance and the rule in Rylands v. Fletcher are central to the protection of the rights of landowners to use and enjoy their land without unreasonable interference and to be free from material damage to their interests. Negligence actions can also serve to promote the protection of personal and property interests. Yet toxic torts are often seen as being beset by theoretical and practical drawbacks. Overall there are serious concerns about the continued value of common law principles as an effective and coherent system that is geared to protecting the environment. Environmental law is increasingly developing its own statutory regimes to address a range of environmental problems. This accentuates the sense in which the aims and reach of these two different branches of the law appear to be diverging. Questions inevitably arise about the inter-relationship between private law sphere of tort and public regulatory schemes.The contributors to this volume of essays include many of the UK's leading academics in the relevant fields of private and public law. While the essays are broadly based, the focus of the book is on the challenges posed by accommodating tort with environmental law.
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Specificații

ISBN-13: 9781901362930
ISBN-10: 1901362930
Pagini: 288
Dimensiuni: 156 x 234 x 22 mm
Greutate: 0.59 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Caracteristici

With serious concerns as to the value of common law principles to environmental protection, inevitable questions arise about the relationship between tort and public regulatory schemes. Leading academics address those questions in this volume.

Notă biografică

John Lowry LLB,LLM, FRSA, is Professor of Law at University College London.

Cuprins

1. VICTORIAN FOUNDATIONS?Professor Raymond Cocks, Keele University2. NUISANCE, THE MORALITY OF NEIGHBOURLINESS, AND ENVIRONMENTAL PROTECTIONJames Penner, London School of Economics and Political Science3. CONTROLLING ATMOSPHERIC POLLUTION: A TEST CASE FOR TORTJohn Murphy, University of Manchester4. FROM THE INDIVIDUAL TO THE ENVIRONMENTAL: TORT LAW IN TURBULENCEProfessor Robert G Lee, Cardiff Law School5. TORT AND ENVIRONMENTAL PLURALISMProfessor Keith Stanton and Christine Willmore, University of Bristol6. STATUTORY LIABILITY FOR CONTAMINATED LAND: FAILURE OF THE COMMON LAW?Owen McIntyre, The Law Society of Ireland, Dublin (formerly of the University of Manchester)7. NUISANCE AND ENVIRONMENTAL PROTECTIONKaren Morrow, University of Durham8. MARKING THE BOUNDARY: THE RELATIONSHIP BETWEEN PRIVATE NUISANCE, NEGLIGENCE AND FAULTPaula Giliker, Queen Mary and Westfield College, London9. STIGMA DAMAGES, AMENITY AND THE MARGINS OF ECONOMIC LOSS: QUANTIFYING PERCEPTIONS AND FEARSJohn Lowry, University of Warwick and Rod Edmunds, University of Sussex10. TOWARDS A EUROPEAN TORT LAW ON THE ENVIRONMENT? EUROPEAN UNION INITIATIVES AND DEVELOPMENTS ON CIVIL LIABILITY IN RESPECT OF ENVIRONMENTAL HARMMartin Hedemann-Robinson, Brunel University and Mark Wilde, University of Hertfordshire11. ENVIRONMENTAL PROTECTION AND THE ROLE OF THE COMMON LAW: A SCOTTISH PERSPECTIVEProfessor Jeremy Rowan-Robinson and Donna McKenzie-Skene, University of Aberdeen

Recenzii

...there is much here that environmental lawyers will find instructive, stimulating and controversial. This book offers much for present lawyers to reflect upon.Stephen Tromans

Descriere

Written by experts in the field, the focus of this book is on the challenges posed by accommodating tort with environmental law.