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Study On International Environmental Tort

Posted on:2008-07-05Degree:MasterType:Thesis
Country:ChinaCandidate:L W MaFull Text:PDF
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The paper expounds the jurisprudence of environmental tort from the angle of environmental right and analyzes the necessity of taking litigation for public interest to international environmental tort. The author puts forward the prevention of international environmental tort. The goal of litigation for public interest to international environmental tort and prevention of international environmental tort is to protect environmental right.The paper studies some legal matters related to international environmental tort. There are four parts in the paper. The first part expounds the jurisprudence of environmental tort. The author explains the occurrence of the notion, legislation in different countries and connotation of environmental right. Then the author rebuts the theory of environmental right of party or country. The second part discusses some issues related to civil responsibility for international environmental tort, which consists of liability fixation doctrine, undertaking and immunity of civil right. Among them the presumption of the causality between international environmental tort and its consequence is quite different from the cognizance of that for common tort. Besides, the author probes into environmental liability insurance and fund. The third part expounds the actualization of civil liability for international environmental tort and introduces what EU does in environmental right protection. Also the author analyzes the necessity to endow procuratorial authority with power of taking litigation for public interest. The fourth part annotates the measures to prevent international environmental tort, which includes cleaner production and environmental impact assessment.
Keywords/Search Tags:environmental right, civil liability, litigation for public interest, cleaner production, environmental impact assessment
PDF Full Text Request
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