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7 - Access to Remedies

Published online by Cambridge University Press:  24 August 2023

Neil Craik
Affiliation:
University of Waterloo, Ontario
Tara Davenport
Affiliation:
National University of Singapore
Ruth Mackenzie
Affiliation:
University of Westminster
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Summary

This chapter explores the potential role of national and international courts and tribunals in relation to claims for environmental damage to areas beyond national jurisdiction (ABNJ). Access to remedies includes facilitating access to international and national courts to initiate claims for environmental harm, but also requires consideration of the associated rules that may constrain the ability of the court or tribunal in question to provide relief, such as jurisdiction, rules on the choice of law and the recognition and enforcement of judgments rendered in such cases. The chapter begins with a discussion of the general rules and principles concerning access to remedies under the rules of state responsibility and domestic civil liability, respectively, before turning to the specific rules in ABNJ. It also addresses the substantial additional challenges that each of these sets of rules pose to realizing the goals of liability regimes, including the need to prevent environmental harm and restore the environment, to provide for effective deterrence of risky behaviour, to ensure a level playing field and to ensure adequate and prompt compensation.

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Publisher: Cambridge University Press
Print publication year: 2023

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  • Access to Remedies
  • Neil Craik, University of Waterloo, Ontario, Tara Davenport, National University of Singapore, Ruth Mackenzie, University of Westminster
  • Book: Liability for Environmental Harm to the Global Commons
  • Online publication: 24 August 2023
  • Chapter DOI: https://doi.org/10.1017/9781108866477.009
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  • Access to Remedies
  • Neil Craik, University of Waterloo, Ontario, Tara Davenport, National University of Singapore, Ruth Mackenzie, University of Westminster
  • Book: Liability for Environmental Harm to the Global Commons
  • Online publication: 24 August 2023
  • Chapter DOI: https://doi.org/10.1017/9781108866477.009
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Access to Remedies
  • Neil Craik, University of Waterloo, Ontario, Tara Davenport, National University of Singapore, Ruth Mackenzie, University of Westminster
  • Book: Liability for Environmental Harm to the Global Commons
  • Online publication: 24 August 2023
  • Chapter DOI: https://doi.org/10.1017/9781108866477.009
Available formats
×