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There is a growing interest at different decision-making levels (EU,
international and national) in using liability as an element in solving the
legal problems of environmental harm. The interest is founded on the necessity
to take into account of complex inter-dependencies and interrelationships
between the environmental media at global, regional and national levels.
In an effort to implement the aims of sustainable development, new views of
the traditional liability instrument have to be applied. The book focuses on
the Environmental Liability Directive 2004/35/EC (the so-called “ELD”) on the
prevention and remedying of environmental damage, and evaluates as to whether
the ELD has achieved its goals and maintained its ambitions in terms of
environmental protection, and what the optimal level of harmonization in terms
of environmental protection is.
In order to address the question of research of this book, an
interdisciplinary framework of analysis and methodology combining political
science and law are developed. Since environmental damage is a
multidimensional and multidisciplinary problem, par excellence, a
multidisciplinary approach is required. Consequently, the use of a
multidisciplinary method, combining together in a systematic and
rigorous fashion, law, political science, technical elements of economy,
insurance law and natural science, is, in the research design of this study,
necessary, in a view of tackling the topic in a scientific problem
solving-oriented approach. The book draws the overall conclusions by
suggesting proposals for amendments and recommendations to be utilized for
possible redrafting of the ELD’s provisions for the time when the ELD will be
object of a procedure of revision.
This book will be of interest to practitioners in EU law and EU Environmental
law, international environmental law, legal experts on the law of
environmental liability, specialists within international organizations but
also by political scientists, economists, insurance law specialists, and
natural scientists.
Foreword.
Acknowledgements.
Part I ‘What’ and ‘How’ in the Multilevel Environmental Liability Regime.
Chapter 1 Setting the Field: Environmental Law and Policy on
Environmental Damage and Liability Problems.
Part II Matching Theory with Facts: Building the Framework.
Chapter 2 In Search for a Framework of Analysis: The Focal Points at
the EU, International and Domestic Levels.
Chapter 3 The Liability Directive from an Historical-Comparative
Perspective.
Chapter 4 Institutional Interactions in the EU Environmental Liability
Regime-Formation.
Chapter 5 The ELD on the Prevention and Remedying of Environmental
Damage.
Part III Implementation of Law and Policy at the Domestic Level.
Chapter 6 Implementation of the Environmental Liability Directive: The
Italian Example.
Part IV Recommendations, Amendments and Perspectives.
Chapter 7 Overall Conclusions.
References.
Table of Cases.
Index.
